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051109 CC Reg AgPCITY OF S O EWOOD CITY COUNCIL REGULAR MEETING MONDAY, MAY 11, 2009 AGENDA 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7°00 P.M. Attachments Estimated Estimated Time in Start Time Minutes (Clock Time) 1. CONVENE CITY COUNCIL MEETING 7:00 p.m. A. Roll Call Mayor Lizee Bailey _ Turgeon Woodruff _ Zerby _ B. Review Agenda 2. APPROVAL OF MINUTES 5 minutes 7:00 p.m. A. City Council Regular Meeting Minutes, Minutes 4/27/09 3. CONSENT AGENDA - Motion to approve items 5 minutes 7:05 p.m. 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 Claims List B. Liquor License Renewals Deputy Clerk's memorandum C. Retirement Event for Public Works Retiree Director of Dennis Johnson Public Works' memorandum D. Concession Services Agreement for 2009 Park Secretary's memorandum E. Approve Plans and Specifications and Engineer's Authorize Advertisement for Bids for Mill memorandum, and Overlay for Stratford Place, Cajed Lane, Resolution Beverly Drive, Ferncroft Drive and Forest Drive CITY COUNCIL REGULAR MEETING AGENDA - MAY 11, 2009 Page 2 of 3 Attachments Estimated Estimated Time in Start Time Minutes (Clock Time) F. Request for Extension of Time for Planning Preliminary Plat for Brockwood Director's Applicant: Brent Hislop memorandum Location: N oftraiI on Strawberry Ln G. Excelsior Request for Supplemental Police Administrator's Officers memorandum 4. MATTERS FROM THE FLOOR 10 minutes 7:10 p.m. (No Council action will be taken) 5. REPORTS AND PRESENTATIONS A. Excelsior Fire Department Budget Report by 15 minutes 7:20 p.m. Fire Chief Scott Gerber 6. PUBLIC HEARING 7. PARKS - Report by Representative A. Demonstration Garden Proposal CRR 5 minutes 7:35 p.m. Memorandum 8. PLANNING - Report by Representative A. Zoning Text Amendment Planning 5 minutes 7:40 p.m. Applicant: South Tonka Little League Director's Location: Freeman Park Ball Fields memo; Draft Resolution B. Comprehensive Plan Planning 10 minutes 7:50 p.m. Director's memo 9. ENGINEERING/PUBLIC WORKS 10. GENERAL/NEW BUSINESS A. Lake Minnetonka Communications Administrator's 5 minutes 8:00 P.M. Commission Request for Permission to Enter memorandum; Into a Purchase Agreement for the Existing Resolution Building B. Matthew Phillippi Mediation Meeting Update Administrator's 5 minutes 8:05 p.m. memorandum CITY COUNCIL REGULAR MEETING AGENDA - MAY 11, 2009 Page 3 of3 Attachments Estimated Estimated Time in Stmt Time Minutes (Clock Time) C. Southshore Center Administrator's 20 minutes 8:10 p.m. memorandum 11. STAFF AND COUNCIL REPORTS A. Administrator and Staff 5 minutes 8:30 p.m. 1. City Hall Construction Update 2. Informational Item - Tour de Tonka Deputy Clerk's Special Event Permit Memorandum B. Mayor and City Council 5 minutes 8:35 p.m. 12. ADJOURN 1 minute 8:40 p.m. e. r x 455 COO' .TRY CLUB Ra/.U SHOREWOOv, MINNESOTA 55331-8927 ~ (952) 4743236 FAX (952) 4740128 ® www.ci.shorewood.mn.us ® cityhall@ci.shorewood.mn.us Executive Summary Shorewood City Council Regular Meeting Monday, 11 May, 2009 Agenda Item #3A: Enclosed is the Verified Claims List for Council approval. Agenda Item #313: It is time for the renewal of liquor licenses held by local businesses. The Minnetonka Country Club and the American Legion Post #259 currently hold on-sale liquor licenses in the City. Cub Foods currently holds a 3.2 percent off-sale malt liquor license. Park Square Subway (dba Shorewood Liquor) and The Cellars Wines and Spirits of Shorewood, Inc. both hold an off-sale intoxicating liquor license. All licenses expire on May 31, 2009. All licensees have submitted appropriate liquor license documentation and license renewal fees. Background checks were processed, and there were no disclosable records for convictions within the past year of any violation of laws relating to the sale of liquor for these five establishments. Five resolutions granting the each business's license for the one-year term of June 1, 2009 - May 31, 2010 are provided for Council approval. Agenda Item #3C: Staff is recommending a retirement event on June 1 for recently retired Public Works employee, Dennis Johnson. Agenda Item #31): Concessionaire Russ Withum has agreed to provide concession services for Eddy Station at Freeman Park again for the 2009 season. Mr. Withum has agreed to pay the city $394 for the 2009 season. Payment will be due September 30, 2009. Staff is recommending approval of the contract. Agenda Item #3E: The City of Shorewood encumbered $163,500 of the operating budget for the road maintenance within the City for Mill and Overlay. Staff proposes to mill & overlay Forest Drive, Ferncroft Drive, Cajed Lane, Beverly Drive and Stratford Place. Staff recommends adopting a resolution approving plans and specifications and authorizes advertisement of bids for this mill & overlay project. If approved, bids will be opened on Wednesday, June 3 at 10:00 a.m. Agenda Item #317: Brent Hislop has requested a 180-day extension of his preliminary plat approval for Brockwood. Staff recommends approval. 41* PRINTED ON RECYCLED PAPER Ex. 2-- City C------- T- -a sting of 11 May, 2009 Page,' E "3 Agenda Item #5A: Fire Chief Scott Gerber will provide an overview of the EFD's 2010 draft budget. Agenda Item #6A: No public hearings this evening. Agenda Item 47A: This item reviews the demonstration garden proposal. Agenda Item #8A: South Tonka Little League has requested amendments to the Shorewood Zoning Code that would allow them to display commercial advertising signs on the outfield fences of the two fields they use at Freeman Park. Since this is as much a park issue as a signage/zoning issue, the Park Commission was asked to review and comment on the request. Unanimously, they recommended to the Planning Commission and Council that the request be denied. In addition to concerns about overall signage in the city, they felt that the parks should remain free of commercial advertising. Along with that recommendation they agreed that the City should review its level of maintenance in the parks. The Planning Commission held a public hearing to consider the request, which included amendments to six provisions in the current code. They agreed, also unanimously, with the Park Commission that public property should not be used for commercial purposes. The application was continued from the 23 March City Council meeting at the applicants' request. Since the application was submitted on 26 January, the Council must now take action at the 11 May meeting in order to comply with the 60/120-day rule. For this reason and based upon unanimous recommendations by the Park and Planning Commissions, staff has prepared a draft resolution for your consideration. Please note that the date on the draft resolution is now incorrect. A revised copy is inserted into your packet. Agenda Item #813: The Planning Commission reviewed the revisions to the Comp Plan directed by the City Council and has recommended approval of the Plan, subject to two changes: 1) add South Lake Skate Park to the Community Facilities chapter; and 2) delete the shoreland designation for Lake Linden (it has been changed to a wetland). The Plan will be submitted to the Metropolitan Council for its review. Once they are done with it, it will come back for formal adoption by the City Council. Agenda Item #10A: The LMCC is requesting approval from the City Council to purchase their existing building. In order for the LMCC to proceed, they need approval from 2/3rds of the member cities. Adoption of a resolution to approve the LMCC's purchase of their existing building is in order. Exe ary ® City C _a lg oft I May, 2009 Pages w3 Agenda Item #10B: This is a review of the outcome of the Matthew Phi11ippi mediation. Staff recommends Council approve the mediated settlement and authorize the insurance trust to process payment on behalf of the city. Agenda Item #IOC: This item provides an update on the Southshore Center and items to be considered for Council action. CITY OF SHO WOOD CITY COUNCIL REGULAR MEETING 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7000 P.M. Mayor Lizee called the meeting to order at 7:00 P.M. A. Roll Call Present. Mayor Lizee; Councilmembers Bailey, Turgeon, Woodruff and Zerby; Attorney Tietjen; 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 amended. Motion passed 510. 2. APPROVAL OF MINUTES A. City Council Special Meeting Minutes, April 6, 2009 Turgeon moved, Zerby seconded, Approving the City Council Special Meeting Minutes of April 6, 2009, as presented. Motion passed 5/0. B. City Council Regular Meeting Minutes, April 13, 2009 Turgeon moved, Woodruff seconded, Approving the City Council Regular Meeting Minutes of April 13, 2009, as amended in Item 11.13, Page 12, Paragraph 6, Sentence 5 change "and the Hennepin County Sheriffs Patrol attended" to "and Hennepin County attended". Councilmember Woodruff stated during the April 13, 2009, Council meeting he requested Staff to make recommendations on how to possibly offset some of the large payment for legal expense approved during that meeting by making reductions in other areas. He related Administrator Heck stated Staff was not ready to make any recommendations of possible reductions and that the City has adequate reserves to absorb the cost. He stated he was satisfied with Heck's response. Motion passed 510. 3. CONSENT AGENDA Mayor Lizee reviewed the items on the Consent Agenda. Turgeon moved, Bailey seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. #ZA CITE' C- ^ C ' - GU Alt COUNCIL MEETING MINUTES April 27,2--- Page 2 of 14 A. Approval of the Verified Claims List B. Staffing: Authorization to Advertise Public Forks Position (This was moved to Item 9.A under Engineering/Public Works.) C. Accept Quote and Award Contract for Eddy Station Facility Rehabilitation at Freeman Park D. Accept Change Order No. 1 for Silverwood Park and Cathcart Park Recreation Courts Resurfacing E. Custodial Services for City Hall and Public Forks Buildings (This was moved to Item 10.C under General/New Business.) F. Adopting RESOLUTION NO. 09-0179 "A Resolution Accepting the Lift Station 16 Rehabilitation Project, City Project 08-05". G. Performance Evaluation Training (This was moved to Item 10.1) under General/New Business.) H. Lake Minnetonka Association Funding Request (This was moved to Item 10.E under General/New Business.) 1. Adopting RESOLUTION NO. 09-018, "A Resolution Approving Specifications and Estimate and Authorizing Advertisements for Bids for Bituminous Seal Coat Project 2009". Motion passed 510. 4. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 5. REPORTS AND PRESENTATIONS A. Recognition of Service - Planning Commissioner Scott Schmitt On behalf of the Council and the residents of Shorewood, Mayor Liz& thanked former Planning Commissioner Scott Schmitt for his more than three years of service as a Planning Commissioner and provided him with a plaque of appreciation and recognition. She stated Mr. Schmitt served as the Chair of the Commission for over two years and he did an excellent job in that capacity. Mr. Schmitt led the Commission with fairness and integrity. She explained that during his time as Chair, the Commission held 17 public hearings, ranging from simple subdivisions to some very controversial matters. She stated Mr. Schmitt's stature is highly regarded and he ran a great Commission. Mr. Schmitt thanked Council for the opportunity. He stated it was a wonderful experience for him. Schmitt then stated as part of his career as a developer he has had the opportunity to make many presentations to city councils and planning commissions. He noted that the Shorewood Staff is one of the best city staffs, if not the best, he has every worked with. He stated Director Nielsen's presentations to the Planning Commission have always been very thorough and good; he thought Nielsen does a great job. He 6. PUBLIC HEARING None. 7. PARKS Commissioner Trent reported on some of the matters considered and actions taken at the April 14, 2009, Park Commission meeting (as detailed in the minutes of that meeting). A. Update on TKDA Park Consultant Services Kristi Anderson, with Community Rec Resources, stated the Park Commission has been working TKDA over the last few months on updates to the City's Master Plan for its park system. During the April 14, 2009, Park Commission meeting representatives of TKDA presented TKDA's park renderings and recommendations for the City's five major parks. TKDA v~ as asked to revise its recommendations to include the Commission's recommendations and present the final renderings and recommendations during the Commission's May 12th meeting. She extended an invitation from the Commission to the Council to attend that meeting to view TKDA's final presentation. She stated the Commission recommends the illustrative Updated Park Master Ptan be made available for review and comment by the residents during the City Hall Open House event. She commented Planning staff has been in contact with TKDA regarding landscaping for the City Hall property. Ms. Anderson stated the Park Commission has been learning about a potential community garden project. A small group of community gardeners (the Garden Team) has discussed this topic with the Commission. The concept originally started out to be a way for children to learn about organic gardening; it has evolved to become a demonstration garden in 2009 to provide a multigenerational learning experience. The Commission has recommended the location of the City's Skate Park for the demonstration garden. She has been preparing guidelines for City staff and the residents so that all will know what the expectations are. The Commission will discuss the guidelines on April 30`h, and they will be presented after that for Council's endorsement. In response to a question from Councilmember Turgeon, Ms. Anderson clarified the area proposed for the demonstration garden is not going to be divided into community garden plots. Ms. Anderson stated the Garden Team will prepare a schedule for when it will have volunteers at the garden to help people learn the basics about organic gardening, growing vegetables and herbs, etc., noting there will be master gardeners on site some of the time. The Garden Team's intent is to demonstrate a community garden can be a success with the impetus that a suitable location could be found for community garden plots. It's anticipated the demonstration garden will be approximately 20 feet by 30 feet. Mayor Liz& stated quite a few of the City's sister cities have community gardens for its residents. It's her understanding that the Garden Team is hoping that it can continue to work with the Park Commission to identify a suitable location for community garden plots. Manor Park would work well because it has adequate parking, and there is access to water. She encourages the Garden Team and the Park C TT -`)OD REGULAR COUNC`L' NG MINUTES t C Page 4 of 14` Commission to continue discussions as there is strong community support for the City having community gardens. Ms. Anderson stated there is a strong support group for trying to make this happen. She explained as part of the park redesign process the Park Commission is discussing feasible locations for community gardens. Councilmember Turgeon asked if the Park Commission has talked with the City of Excelsior because Excelsior is considering converting space at one of its relatively unused parks into a community garden. Ms. Anderson stated the Garden Team has taken soil samples from the Skate Park and submitted them for assessment. She commented the Team wants to grow vegetables and donate some of them to food shelves. She indicated she will call the City of Excelsior. Councilmember Woodruff commented that TKDA's concept plans include a community garden at Manor Park and at Cathcart Park, and the Park Commission discussed them during its last meeting. Ms. Anderson stated that when the City was in the liquor operations business, it ran a community arts program in its stores. The City solicited local artists to display their art work in the store. City Hall has a lot of empty wall space, and she asked Council if it would be appropriate to do something similar at City Hail. Mayor Lizee stated she thought that would be a good idea, and she commented there was brief discussion about that during early discussions about renovating City Hall. A one percent for arts program was discussed. She wanted to engage the local art Comnrtmity to display their art work in City Hall. Councilmember Turgeon stated there is a file with the names of local artists some where in the Southshore Center; local artists used to be able to display their work at the Center. The artists were able to have private showings of their works at the Center. 8. PLANNING Chair Geng reported on matters considered and actions taken at the April 21, 2009, Planning Commission meeting (as detailed in the minutes of that meeting). He noted that the Planning Commission will hold two public hearings during its May 5, 2009, meeting; one for updates to the City's parking requirements and the other for the Comprehensive Plan. In response to a question from Councilmember Zerby, Director Nielsen explained the hearings will be publicized in the City's May newsletter and in the City's official newspapers. A. Administrative Enforcement Director Nielsen stated Council discussed draft ordinance regulations for administrative code enforcement during its April 13, 2009, meeting. During that meeting Councilmember Woodruff asked Staff to review the definition of "owner" to assess if it should be clarified. Staff has done so and does not think it should be changed. He explained if Council approves the ordinance this evening a summary of it probably won't be published until mid-May. He stated at its next meeting Council will be provided with a resolution for the official summary of this ordinance for publication. Zerby moved, Woodruff seconded, Approving ORDINANCE NO. 458, "An Ordinance Amending Chapters 103 and 104 of the Shorewood City Code, Establishing Administrative Enforcement of Code Regulations." Motion passed 510. 11 e,F JLAt2 COUNCIL-7 l- U -127,2- 1, 7 e5of1,_ 9. ENGINEERING/PUBLIC WORKS A. Staffing` Authorization to Advertise Public Works This was removed from the consent agenda at Councilmember Turgeon's request. Councilmember Turgeon stated she understands Director Brown's request, which is to move Public Works Utility Operator Chris Pounder to the open light equipment operator (LEO) position, and then advertise for a licensed utility operator. She requested that before this is done an analysis be conducted of Public Works staffing needs; an analysis similar to what Administrator Heck conducted in the later part of 2008. She also wanted the analysis to determine if the position was needed would it be better served by a full-time employee or two part-time employees. She recollected that at one time Brown wanted to find a person who had black-top expertise and she is unsure if Mr. Pounder has that expertise. She suggested the advertisement be delayed until a staffing analysis is completed. Mayor Lizee asked Director Brown to comment on this, noting he has already done his research. Director Brown explained the LEO position is actually a leadership position. This LEO needs to work in a number of areas: roadways, storm water management, grading of roadways, the City's parks, and even water main breaks. He attempted to match Mr. Pounders individual needs with the needs of the LEO position as well as some of the needs expressed by the Public Works crews. He believes that Mr. Pounder is a good fit for the position, and this move would be a good solution to some of the issues currently being experienced in some of the other areas. For approximately the last year and one-half he has been considering asking for authorization to add a part-time utility operator to the full complement of Public Works staff, he dropped that thought because of the current economic climate. He has tried to restructure his staff around the high priority needs of roackvavs. It's a challenge to satisfy all the needs of the NPDES requirements with day-to-day operations. Ile commented that at one time he had considered hiring someone with asphalt experience; but lie reconsidered that after realizing a person with that type of foreman experience may not be the easiest person to work with. Councilmember Turgeon stated she wanted Staff to prepare a long-range staffing plan for Public Works. She thought there were other people in the department that had utility licenses, and she questioned if they were being utilized effectively now. Mayor Lizee stated she respects Director Brown's opinion and recommendations. All Brown is ultimately asking to do is fill the position created by a retirement with an employee and then back fill that position. Councilmember Turgeon stated the retiree was not a utility operator, and she questioned why the City would not advertise for a LEO. Director Brown explained when the City created the Utility Department five years ago, the goal was for all LEOs have a utility license, noting that does not mean they would be paid the same wage as a utility operator. In response to a question from Councilmember Zerby, Brown stated that would allow more flexibility in staff utilization. Councilmember Turgeon stated she wants to be sure the City is hiring for the right position before this moves forward. She suggested Administrator Heck and Director Brown prepare a staffing analysis for Public Works. REGULA COUNCIL Ivrr,_ _ 1114 MINUTES aEe 6 of 14 Councilmember Woodruff stated it may be beneficial to consider Mr. Pounder's potential reassignment separate from advertising for a utility operator. He could support reassigning Mr. Pounder to the LEO position. He asked Administrator Heck to comment on staffing. Administrator Heck stated he and Director Brown have discussed Public Works staffing needs, and he told Brown that he wanted Brown to make sure he has the correct number of staff keep that department functioning. He had already asked Brown to assess if he could successfully operate the department if the open position was not filled, noting Brown could not. He noted that when he did a staffing analysis in 2008 he determined Public Works staffing is in line with that of cities of similar size, and he had indicated Public Works staffing is already thin with there being only nine people including Brown. He stated if all LEOs had utility licenses, it would allow for more effective use of staff because more staff could be allocated to a project. Zerby moved, Bailey seconded, authorizing Chris Pounder to assume the responsibility of light equipment operator, adjusting Mr. Pounder's rate of compensation to a straight light equipment operator rate, and authorizing Staff to post the position of a licensed utility operator internally as well as advertise for it in the League of Minnesota Cities Bulletin, the Sun Sailor and the Laker. Motion passed 4/1 with Turgeon dissenting. 10. GENERAL/NEW BUSINESS A. Linda Murrell, Director of the South Lake Excelsior Chamber of Commerce, Request for Funding for the Lake lbiinnetonka 4th of July Celebration Chair Lizee stated Linda Murrell, Director of the South Lake-Excelsior Chamber of Commerce, was present this evening to make an annual request for funds for the Lake Minnetonka 4`h of July Celebration. Ms. Murrell stated this year's celebration will again be an ambitious, patriotic, and family oriented event in spite of the recession. She explained it's tough to get contributions during these times, and she noted that some of the businesses that made contributions in 2008 are now out of business. She stated the day's activities included a firecracker race, fireworks display, children's parade, a sandcastle building contest, a fishing contest, popular bands from the Twin Cities area, and a performance by the Minnesota Orchestra (for the tenth year in a row). Ms. Murrell stated that she was present this evening to ask the City to contribute funds to help offset the costs for the event (e.g., public safety, permits, etc.). She asked the City to contribute $2,500, and that would classify the City as a silver event sponsor. Councilmember Zerby commented that he has been a resident in Shorewood for fifteen years, and one week after he and his family moved into the City they attended the July 4`h event. He stated he thought the event is a great event and he appreciates the efforts of all of those involved in making it so successful. Zerby moved, Bailey seconded, authorizing $2,500 of funding to the South Lake - Excelsior Chamber of Commerce's Lake Minnetonka Fourth of July celebration activities. Councilmember Turgeon stated she would be willing to match one of the other South Lake Cities' contributions not to exceed $2,000. CIT" -1-- -~GULAR COUNCIL MEETING MINUTES Apr_I ^_7,'_.. _ Page 7 of 14 Councilmember Bailey challenged the each of the other South Lake Cities to increase their 2009 contribution by 10 percent which is similar to what the City would be doing with $2,500. Councilmember Zerby stated the event is a great value, and $2,500 amounts to less than $1 per household. He did not think there was a better July 4`h celebration anywhere in the State. Mayor Lizee stated she has volunteered at these July 4`h events for many years. She noted there is a need for volunteers. Motion passed 3/2 with Turgeon and Woodruff dissenting. In response to a question from Ms. Murrell, Mayor Lizee clarified Council authorized a $2,500 contribution and challenged the other South Lake Cities to increase their contributions by 10 percent. B. Southshore Center Administrator Heck explained the Excelsior Council approved the temporary operating agreement between the five member cities (the Cities) and SSSP without any changes. The Excelsior Council also considered the memorandum of understanding (MOU) between the Cities and approved it subject to Excelsior's liability being reduced from the 20 percent stated in the MOU to no more than the same percent Excelsior contributed to the construction of the facility. Heck then explained the Southshore Center working group (the Group) met on April 23rd to hear presentations from Community Rec Resources and Charthouse Management on their proposals for providing services for the management, operation and programming of the Center. The Group decided it wanted some additional information from the two firms. This request was made that afternoon with a deadline for responding of April 2701. The Group has not scheduled a follow-up meeting to discuss the additional information. Attorney Tietjen stated she received a preliminary report earlier in the day about the title search for the Southshore Center property. Shc explained each of the five Cities holds a 20 percent interest in the property. There had been thvo ground leases recorded against the property; they still show up as encumbrances. It's her understanding that obligations of the leases have been satisfied with respect to the financing. Norwest Investment Services, the ground lessee in the agreements, needs to convey a deed to the City of Shorewood to clear up the title. That is the only outstanding issue that needs to be resolved. Each of the Cities would have to agree to any conveyance. Councilmember Turgeon questioned if that meant each of the Cities would get 20 percent of $1; Shorewood conveyed the property for $1. Attorney Tietjen stated each City has an equal undivided interest in the property. Councilmember Woodruff asked if what Attorney Tietjen explained meant that once the ground lease issue is cleared up Shorewood will have title to the land, to which Tietjen replied yes. Councilmember Turgeon stated that because only three of the Cities agreed to the MOU as drafted, which includes the stipulation that each of the Cities will pay 20 percent of the operating costs of the Center above revenue received through June 20, 2009, there is no agreement. She asked Administrator Heck what would be next. She stated the expenses would be a minimal amount of money. She asked if it is sufficient to have just three Cities approve the MOU. She further noted the Cities of Excelsior and Greenwood, which don't agree to splitting expenses equally, did not agree that Shorewood had the CIT-' C --'-',-)O REGULAR C UNC-`, A MINurES Apri. 27, _vu, Page 8 of 14 authority to exercise the Shorewood Option in the Cooperative Agreement with out approval of two-thirds of the Cities. Councilmember Turgeon stated if the Cities cannot reach an agreement, she asked if the Councilmembers have any desire to purchase the Center and continue to operate it as a community center if either Excelsior or Greenwood would approve Shorewood executing the Shorewood Option. Councilmember Zerby questioned what the Center would be used for. Turgeon stated the only purpose there is at this time is to keep it as a community center. Mayor Lizee stated the Cities have an interim agreement with SouthShore Senior Partners (SSSP) to run the Center through June 30, 2009. Two of the Cities do not agree with the stipulation in the MOU that the Cities would equally share in the operating expenses of the Center through June 30th From her vantage point, deciding to take a different action when there is still two months to work a solution out is premature. She suggested Administrator Heck talk to the City Manager or City Administrator from Excelsior and Greenwood to see what can be worked out. She stated exercising the Shorewood Option to purchase the Center is not on the table right now. Councilmember Turgeon stated if the Group is going to continue to have discussions there needs to be a clear message from Council as to what it expects the Group to accompiisil. Councilmember Zerby stated he is not in support of the 20 percent expynse funding stipulation in the MOU. Councilmember Turgeon stated that formula is only for now through June 30th. Zerby stated he is not in favor of it at all, noting there is no long-term proposal being worked on. He suggested maybe the Group should spend its energy on coming up with a long-term agreement, and he also suggested the funding formula should be the same one used for the construction of the Center. He stated the only way he could support the City purchasing the Center is if there is a long-term commitment to continue to operate it as a community center. Mayor Lizee clarified it is not necessary for the City to purchase the Center; if the other four Cities waist to terminate their participation in the Cooperative Agreement they can do so without having Shorewood buy the Center. Councilmember Turgeon stated as of now only 60 percent of the costs through June 30th are going to be paid because two of the Cities have not stated they will pay 20 percent of the cost. Administrator Heck stated he has spoken with Greenwood Mayor Kind and Excelsior City Manager Luger about their concerns. He explained based on his discussions with those two individuals, in particular with Kind, he did not think the Excelsior and Greenwood Councils were strongly opposed to paying 20 percent of the operating costs through June 30th; their primary concern is establishing a precedent that those two Cities pay 20 percent of the operating costs for the long-term. He stated he would guess that if Greenwood were invoiced for 20 percent of they expenses to date the invoice would likely be paid. The MOU was written such that it would require four-fifths of the Cities to extend the MOU date beyond June 30th. He commented it is his understanding that Tonka Bay is only going through June 30th. He stated Council could discuss what its position would be on July 1" should the Cities not reach agreement by June 30 Heck then stated he thought the Group was making significant progress. He explained most of the Group's members understand that if the Cities want the Center to operate as a community center, then the operation will have to be subsidized. Most community centers are subsidized to some degree. The amount the Cities would have to subsidize is not yet known. The Group also discussed a reasonable and equitable distribution of funds based on several options. Some of the options could be population, usage, a combination of population and usage, or a flat rate per capita. The Group also discussed the issue of CITY C- ""')OD REGULAR COUNCIL F- April 2 7, Page 9 c11 Heck explained the Group's discussions have changed 180° from when they first started 18 months ago. Early discussions focused solely on the facility operating as a senior center with rentals on nights and weekends to supplement the cost of operation. The current discussions are about a multigenerational integrated community center; there should be more activities held at the Center. During the Group's April 23rd meeting each City expressed a desire to keep the facility as a multigenerational integrated community center. When it came to ownership of the facility a few of the Cities did not care. During that meeting he asked the Cities to think about what they were willing to pay to make that happen. The two firms interviewed to manage the Center were asked to project the size of the subsidy needed to operate the Center. Once that is known and a formula for paying it is agreed to then the Cities can determine they want to pay their portion of the subsidy or terminate their participation. The Group discussed doing away with the Cooperative Agreement and developing a new operating structure. He explained if the Cities want to make money off of the facility then it should be turned into an event and conference center; doing that would mean there would no longer be a communit}1 center and that's not what the community wants. I Heck concluded by stating the Group has made significant progress. He encouraged Council to continue with the current process. He stated he would ask the Excelsior City Manager to ask the Excelsior Council to reconsider its motion on the MOU. Councilmember Woodruff stated there are two Situations at hand; what to do through June 30ei and then what to do longer-term. He charged Mayor Lizee, Administrator Heck and Councilmember Zerby to solve this problem and bring a solution back to the Council that is acceptable to the Council. He asked the Council if it was comfortable with the City possibly having to pay 60 percent of the costs to operate the Center through June 30`''. Councilmember Bailey stated Heck had indicated earlier that he thought it likely that all of the Cities would pay an equal share in the Center's operating costs in excess of revenues earned through June 30d'; be «ould like to have that happen. Councilmember Zerby stated he was comfortable with the risk based on the cost estimates Council had been provided. Heck stated he was somewhat confident the Cities of Excelsior and Greenwood would pay 20 percent of the costs, noting Greenwood did not publicly state it would agree to the 20 percent because it does not want to set precedent for the long-term. In response to a question from Councilmember Turgeon, Administrator Heck explained the Group needs to discuss the responses to requests for additional information from the two management firms and make a recommendation on a firm. It also needs to work out an agreement about a long-term funding formula and representation. Councilmember Woodruff stated the most important thing is to get a solid business plan prepared for the Center's operations. Heck stated another meeting of the Group has not been scheduled. Councilmember Turgeon stated she wanted the interim funding issue resolved within the next week. She noted the 20 percent funding idea formula for the long-term came off of the table a long time ago, so to think agreeing to do that for the short-term will set precedent for the long-term was nonsensical. Councilmember Bailey suggested the City invoice the other Cities for their share of the expenses to date. CIT-, .°"~£IL gT4 "--JNCH., MEETING MINUTES Apra_ - . , . Page 10 c- 1. Bob Newman, Chair of the ADHOC Committee, asked to be recognized. Mayor Lizee recognized Mr. Newman. Councilmember Woodruff stated this was not a public hearing. Lizee again recognized Mr. Newman. Woodruff stated as a point of order this was not a public hearing. Lizee agreed it is not a public hearing, but she was still recognizing Mr. Newman as Chair of the ADHOC Committee. Woodruff challenged Lizee's authority to do that. Mr. Newman stated had he known he would not have had the opportunity to be recognized during the discussion of this item he would have asked to be recognized during matters from the floor. Woodruff stated on that basis he would withdraw his objection. Mr. Newman stated he was addressing Council in his capacity as Chair of the ADHOC Committee. The ADHOC Committee is interested in the successful resolution of Center. He distributed a copy of position statements the ADHOC Committee prepared based on its discussions and input from many people in the community, including some elected officials. He reviewed the individual position statements which the Committee thought could be unifying in nature. The statements, and his additional comments, were as follows. 1. The Center requires a full-time on-site manager. 2. In order to move forward to an effective solution each city needs to declare their clear and certain support for the vision of a successful Community Center. There has been a lot of discussion about the Center, yet the Committee is hearing a lot of uncertainty from the community about what each city's position is. 3. A basic level of financial commitment from the ` cities ensures a vested interest in its success. The basic level has to be determined. When there is some level of financial commitment it tends to keep all vested parties interested in what is going on. For ten years the Center ran well so people didn't pay much attention. 4. The power of ongoing oversight should remain in the hands of all participating ownership cities. If a city terminates its participation it has no voice. 5. An oversight panel consisting (#f one selected representative from each city, the SSSP, and the management coordinator should evaluate and deliver quarterly evaluation status reports to the cities. The size of the panel and representation on the panel can change, but each city should be represented along with those using the facility. 6. A joint weetiu, of all fave city councils, the SSSP, the selected management firm, and any other parties holding a vital interest would be beneficial to clam, cleanse, consolidate and unify. This meeting should help expedite the resolution. Mr. Newman stated the ADHOC Committee thought the above would be positive steps. It would be a step forward if the Shorewood Council could support the above suggestions, and he asked Council to consider the ideas. Mayor Lizee thanked Mr. Newman for his positive comments for moving the resolution of the Center along. Mr. Newman thanked Council for its time. C. Custodial Services for City Hall and Public Works Buildings This was removed from the consent agenda at Councilmember Woodruff's request. Councilmember Woodruff stated when he read Administrator Heck's memorandum on this topic it did not include any information about the proposals received from the six other firms that bid on the services. WOO REGULAR COUNCIL I °,TaNG MINUTES Fage . " of 14 He noted Heck had provided Council with that information in a separate email. He explained Staff is recommending Council accept the high quote, noting the lowest quote is unreasonably low. There is a $90 difference in cost between this recommended quote and the next to the lowest quote. He wanted the Councilmembers to have the opportunity to comment on the other quotes. Mayor Liz& stated she did receive the additional information and she was comfortable with Staff's recommendation. Woodruff moved, Turgeon seconded, authorizing the Janitorial Contracts with Classic Cleaning Company for cleaning service at Shorewood City Hall at a monthly rate of $495.00, and at the Public Works Facility at a monthly rate of $295.00, both for cleaning two times per week. Motion passed 5/0. D. Performance Evaluation Training This was removed from the consent agenda at Councilmember Woodruff s request. Councilmember Woodruff stated he had sent Administrator Beck an email stating he thought the four hours of one-on-one training with each supervisor to create or amend appraisal forms would not be enough time to accomplish that task. Administrator Heck stated he did not anticipate the consultant would spend a total of eight hours with each supervisor one-on-one which is what is stated in the proposal, noting some amount of one-on-one support is worthwhile. Woodruff stated he did not have a problem with the eight hours or the cost; his concern was it wouldn't be enough time to write the appraisal forms. Woodruff moved, Zerby seconded, authorizing the City to contract with Global Synergies Group to provide the training and evaluation form development services at a cost not to exceed $4,050. Motion passed 5/0. E. Lake Minnetonka Association Funding Request This was removed from the consent agenda at Councilmember Woodruff s request. Councilmember Woodruff stated he requested this item be removed from the consent agenda so he could recuse himself from the vote. He then recused himself. Councilmember Turgeon stated the Cities of Minnetrista, Mound and Shorewood either have or will contribute to the treatment of Eurasian Watermilfoil (milfoil) of Phelps Bay in Lake Minnetonka. She asked if other cities were contributing to the treatment of the other two bays being treated. Administrator Heck stated he did not know that answer. Administrator Heck explained during its February 9, 2009, Council meeting Lake Minnetonka Association (LMA) Executive Director Osgood asked Council to contribute $6,000 toward the treatment of milfoil in Phelps Bay. Council stated the contribution would be contingent on the LMA providing financial information of the use of the previous year's funds, and on the Minnesota Department of Natural Resources (MnDNR) again giving a grant for the treatment effort similar to what it did in 2008. Both of those conditions have been satisfied. Councilmember Turgeon stated that prior to the LMA requesting funds in 2010 she wanted to be provided information about what other agencies are doing to help mitigate the milfoil issue in Lake Minnetonka. CI`I Y C--"- "")OD REGULAR COUNCIL MELTING MINUTES April 27, 2, Page 12 of r Turgeon moved, Zer y seconded, authorizing the release of $6,000 for the f- _=erbiC"- treat ent of Eurasian Water ilfoil in Phelps Bay in 2009, Motion passed 4/0/1 ,'ood ~ A recusing. 11. STAFF D COUNCIL PORTS A. Administrator and Staff 1. City Hall Construction Update Administrator Heck reported the final construction meeting will be held on April 28, 2009. The audio visual equipment is installed but is not operational yet. There are still problems with the HVAC system. Staff is aggressively moving forward with landscaping for the City Hall property. He hoped the next report will include the final financials for the project. 2. Information Item: Wells Fargo Half Marathon - Sunday, May 3, 2009 Administrator Heck stated the annual Well Fargo Half Marathon is schedule for Sunday, May 3ra Other Staff Reports Administrator Heck stated Staff has been discussing hoN\ to dispose of the old furniture from City Hall. The original plan was to have an internal bidding process allowing Staff the first opportunity to acquire the furniture, and what Staff didn't purchase would be put on Craig's List. He heard a different suggestion that the residents should have the first opportunity to do that. He explained it was too late to publish that in the City's May newsletter, and it would take time for Staff to coordinate that process. Councilmember Zerby questioned if it would be possible to offer Shorewood residents a discount if the items were put on Craig's List. Councilmember Woodruff suggested something be put on the City's web site. Councilmember Zerby asked Mien the cell phone antenna will be placed back on the SE Area Water Tower. Director Brown stated AT&T is working to get their antenna reinstalled, noting the other two carriers chose to leave their antennas on the Tower. Councilmember Turgeon asked Director Brown to give an update on the Tower. Brown explained the Tower has not passed the chemical testing for the paint cure. The Tower had to be emptied again to allow the ventilation to be continued. He hoped the paint cure could be tested on April 28th for the last time before the fornnal chemical testing is done on the Tower. Hopefully the Tower can be back on line in two weeks. Councilmember Bailey asked where the water is drained to when the Tower has to be emptied. Brown commented the Tower is one-third as full at this time of the year, as it is in the heat of summer. In response to another question from Bailey, Brown explained the contract for this effort contains a performance clause and he noted Staff was checking into whether or not there was a problem with the paint used. Councilmember Zerby asked what the status was on the Harding Lane and Smithtown Road project. Engineer Landini stated he just received the draft feasibility report earlier in the day and that will be presented to Council during its May 11, 2009, meeting. CITY C - - -JNCIL MEETING MINUTES April 2 7, 2. Page 1 of 14 B. Mayor and City Council Councilmember Bailey stated there was an Excelsior Fire District (EFD) Board budget work session on April 22, 2009. He thought EFD Chief Gerber did a very good job drafting a 2010 budget, and the Deephaven City Administrator did a very good job of preparing an alternative proposal. He thought the budget would be quite reasonable. He suggested Gerber be invited to the next Council meeting to give an overview of the draft budget. Councilmember Bailey asked Director Brown what grass was supposed to be destroyed as part of the prairie grass planning project. Director Brown stated when the prairie grass was planted there was one area that was inadvertently eradicated. Bailey stated he specifically wanted to know about the area around the water tower; he thought it was supposed to be reseeded with prairie grass. Brown stated it was, noting it takes longer for this type of grass to get green. Councilmember Woodruff stated the Lake Minnetonka Conservation District (LMCD) held its third strategic planning session and it plans is to have one more. The goals for the LMCD were discussed. There is an LMCD budget meeting scheduled for April 28t' at 7:30 A.M. Councilmember Woodruff stated the Lake Minnetonka Communications Commission (LMCC) has agreed to hire a consultant to help prepare a grant request for stimulus funds allocated to high speed broad band. Councilmember Zerby questioned if a government agency would be running a project like that. Woodruff stated the Government has not finalized the specifics. Mayor Lizee stated the Excelsior Library book sale held on April 18, 2009, was fabulous. A few thousand dollars were raised by the sale of thousands of books. Another sale will be held on Excelsior Apple Day in the fail. Turgeon moved, Woodruff seconded, recessing the meeting to a City Council Executive Session at 8:38 P.M. Mayor Lizee explained the purpose of the meeting was for confidential attorney-client communications regarding the City's pending litigation with Matt Phillippi. Motion passed 510. 12. RECESS TO EXECUTIVE SESSION Mayor Lizee called the City Council Executive Session to order at 8:51 P.M. A. Matt Phillippi Litigation All Councilmembers were present, as were Administrator Heck, Attorney Tietjen and George Hoff, Attorney representing the City. The purpose of the meeting was for confidential attorney-client communications regarding the pending Matt Phillippi litigation. Woodruff moved, Turgeon seconded, Adjourning the City Council Executive Session of April 27, 2009, at 9:07 P.M. CITE' C- r '----/,-)OD REGULAR COUNCI- ~P -INUTES April 2`, , Page 14 of ' ' 1 RECONVENE T REGULAR COUNCIL MEETING Mayor Liz6e reconvened the regular meeting at 9:07 P.M. 14. ADJOURN Turgeon moved, Zerby seconded, Adjourning the City Council Regular Meeting of April 27, 2009, at 9:08 P.M. Motion passed 510. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder ATTEST: Christine Lizee, Mayor Brian Heck, City Administrator/Clerk PABLES PPR VAL For 05/11/2009 Council Meeting w }'y f Prepared by. ate. b Miche I I c T. Nguyen, Sr Accounting Clerk Reviewed by: _f Date: , - f Bonnie Burton, Finance Director Approved by: - Date: ' Brian Heck, City Administrator 4'~.3 R Check # Vendor razes - ~ ~~~crra Check ate Invoice Air, °rrt 48330 ICMA RL FIREMENT TRU P/R DEDUCTS-DEFERRE 04/28/2009 02 200904 $1,609.60 48330 ICMA RETIREMENT TRU P/R DEDUCTS-DEFERRE 04/28/2009 02P20090 $210.96 48331 MINN NCPERS GROUP LI MONTHLY- ELECT LIFE IN 04/28/2009 06 200904 $32.00 48332 PERA P/R DEDUCTS-PERA 04/28/2009 P 200904 $397.05 48332 PERA P/R DEDUCTS-PERA 04/28/2009 P 200904 $121.26 48332 PERA P/R DEDUCTS-PERA 04/28/2009 P 200904 $13.72 48332 PERA P/R DEDUCTS-PERA 04/28/2009 P 200904 $294.84 48332 PERA P/R DEDUCTS-PERA 04/28/2009 P 200904 $660.94 48332 PERA P/R DEDUCTS-PERA 04/28/2009 P 200904 $225.91 48332 PERA P/R DEDUCTS-PERA 04/28/2009 P 200904 $328.95 48332 PERA P/R DEDUCTS-PERA 04/28/2009 P 200904 $418.85 48332 PERA P/R DEDUCTS-PERA 04/28/2009 P 200904 $304.59 48332 PERA P/R DEDUCTS-PERA 04/28/2009 P 200904 $2,993.68 48332 PERA P/R DEDUCTS-PERA 04/28/2009 P 200904 $188.84 48334 WELLS FARGO HEALTH P/R DEDUCTS-HSA 04/28/2009 16 200904 $305.00 48335 AGNEW, DIANE FREEMAN PARK ENTRAN 05/12/2009 2009 $100.00 48336 AHLSTROM, SANDRA SILVERWOOD PARK-GAR 05/12/2009 2009 $100.00 48337 AMERICAN MESSAGING MAY PAPER SVC 05/12/2009 D2059963 $8.93 48338 ANDERSON, KRISTI B. PRK COMMISION MTG 04/ 05/12/2009 04/30/09 $260.00 48339 BOYER TRUCK PARTS D EXHAUST PARTS 05/12/2009 289512 $1,090.36 48340 CENTERPOINT ENERGY GAS 05/12/2009 800001501 $393.12 48340 CENTERPOINT ENERGY GAS 05/12/2009 800001501 $183.96 48340 CENTERPOINT ENERGY GAS 05/12/2009 800001501 $240.82 48342 COMMUNITY REC RESO APR PARK MTG SVCS 05/12/2009 9-2009 $2,025.00 48344 HENN CTY TREAS.-TAXP 2009 HARD COPY 05/12/2009 2009 $23.52 48345 HENN CTY TREASURER JUN 3-4 REG.-BRAD NIEL 05/12/2009 JUNE3-4/2 $300.00 48347 JANI-KING OF MINNESO MAY SVC-C.H. 05/12/2009 MIN05090 $299.63 48347 JANI-KING OF MINNESO MAY SVC-P.W. 05/12/2009 MIN05090 $260.79 48348 KENNEDY & GRAVEN, C GEN RETAINER & S.S. CE 05/12/2009 89224 $1,590.20 48348 KENNEDY & GRAVEN, C GEN RETAINER & S.S. CE 05/12/2009 89224 $4,216.03 48349 KIRCHER, LUCINDA CATHCART PARK-GARDE 05/12/2009 2009 $100.00 48350 M/AASSOCIATES INC. TRASH CAN LINER 05/12/2009 1427 $350.96 48351 MARSO CINDY MANOR PARK-GARDEN 05/12/2009 2009 $100.00 48353 MIDWEST MAILING SYST MAY PSTG ADDT'L 05/12/2009 68096 $5.74 48353 MIDWEST MAILING SYST MAY NEWSLETTER SVC 05/12/2009 68101 $333.54 48354 MN DEPT. OF PUBLIC SA DUI-1995 CHRYSLER CIR 05/12/2009 1995CHR $23.00 48355 MISC. VENDOR MTKA GIRLS SOFTBALL A 05/12/2009 MTKA GIR $1,780.00 48356 NGUYEN, MICHELLE APR MILEAGE & BARCOD 05/12/2009 APR-2009 $96.80 48356 NGUYEN, MICHELLE APR MILEAGE & BARCOD 05/12/2009 APR-2009 $31.91 48357 OFFICE DEPOT GEN & PLNG SUPPLIES 05/12/2009 471737531 $27.94 48357 OFFICE DEPOT GEN & PLNG SUPPLIES 05/12/2009 471737531 $170.78 48357 OFFICE DEPOT MAGAZINE RACK 05/12/2009 472160246 $94.89 48357 OFFICE DEPOT BATTERY BACK-UP 05/12/2009 472364908 $115.00 48357 OFFICE DEPOT GEN 05/12/2009 472516100 $24.40 48357 OFFICE DEPOT BATTERIES BACK-UP 05/12/2009 472516142 $39.80 48357 OFFICE DEPOT BATTERIES BACK-UP 05/12/2009 472516142 $79.60 48357 OFFICE DEPOT BATTERIES BACK-UP 05/12/2009 472516142 $39.80 48357 OFFICE DEPOT BATTERIES BACK-UP 05/12/2009 472516142 $39.79 48357 OFFICE DEPOT BATTERIES BACK-UP 05/12/2009 472516142 $119.40 48360 PAZANDAK, JOSEPH MILEAGES 4/13-4/24 05/12/2009 200904290 $110.55 48361 POTTS, KENNETH N. APR PROSECUTIONS 05/12/2009 APR-2009 $2,291.66 48362 PRINCIPAL FINANCIAL G MAY DENTAL PREM 05/12/2009 100577310 $777.01 filllrsday, 141j, 0/, "009 Page 1 of 3 1363 48364 48365 48365 48366 48367 48369 48370 48370 48370 48374 48375 48376 48376 48376 48376 48376 48376 48376 48376 48378 48379 48379 48379 48380 48380 48380 05/12/2009 05/12/2009 05/12/2009 05/12/2009 05/12/2009 05/12/2009 05/12/2009 05/12/2009 05/12/2009 05/12/2009 05/12/2009 05/12/2009 05/12/2009 05/12/2009 05/12/2009 05/12/2009 05/12/2009 05/12/2009 05/12/2009 05/12/2009 05/12/2009 05/12/2009 05/12/2009 05/12/2009 05/12/2009 05/12/2009 05/12/2009 'x1253-04 952470634 200905070 200905070 4525 064699603 000200900 7141 7141 7153 2009 4970271-1 270514917 270514917 514531711 514531711 514531711 514531711 514531711 514531711 1997BUIC 1174917- 1174918- 1174919- 914390- 914395- 914397- .93 $111.48 $108.90 $230.00 $6.00 $1,813.82 $845.37 $393.10 $1,028.55 $369.34 $100.00 $264.80 $28.92 $161.86 $420.83 $3.80 $639.28 $3,164.21 $360.30 $23.45 $20.00 $28.60 $28.60 $53.63 $27.20 $49.25 $27.20 $36,349.54 48340 CENTERPOINT ENERGY S.S. CTR-5735 CTRY CLU 05/12/2009 79456885- $164.05 48359 MISC. VENDOR PAULA SAUNDERS:S.S.C 05/12/2009 PAULA SA $300.00 TOTAL FOR 401 P1113LIC FACILITIESIOFFICE BOUIIP,YI $464.05 48332 48337 48340 48340 48341 48341 48343 48364 48364 48373 48376 48376 48376 48376 PURCHASE PVWLR L-G: LAL QWEST PHON'_ ROGERS, DON DELIVER SHWD PCKTS & ROGERS, DON DELIVER SHWD PCKTS & RUMPCA CO INC TREE DISPOSAL SPEEDWAY SUPERAME GAS TKDA ENGINEERS ARCH MAR PARK CIP TOTAL PRINTING SERVI MAY NEWSLETTER SVC TOTAL PRINTING SERVI MAY NEWSLETTER SVC TOTAL PRINTING SERVI ENVELOPES & LETTERH WAGNER, LISA - GIRL S FREEMAN PARK PLAZA- WASTE MANAGEMENT-T MAY SVC-P.W. XCEL ENERGY 5700 CTY RD 19 XCEL ENERGY 5700 CTY RD 19 XCEL ENERGY STATEMENT #193050284 XCEL ENERGY STATEMENT #193050284 XCEL ENERGY STATEMENT #193050284 XCEL ENERGY STATEMENT #193050284 XCEL ENERGY STATEMENT #193050284 XCEL ENERGY STATEMENT #193050284 MN DEPT. OF PUBLIC SA DUI-1997 BUICK-LLF 4 DO SUN NEWSPAPERS COMP PLAN UPDATE 04/ SUN NEWSPAPERS PARKING REQUIREMENT SUN NEWSPAPERS ORD NO. 457 - 04/23 SUN PATRIOT NEWSPAP COMP PLAN HEARING 04/ SUN PATRIOT NEWSPAP ORD NO. 457 - 4/25 SUN PATRIOT NEWSPAP PARKING HEARING 04/25 TOTAL FOR 101 GENERAL FlIND PERA AMERICAN MESSAGING CENTERPOINT ENERGY CENTERPOINT ENERGY CHANHASSEN-CITY OF CHANHASSEN-CITY OF GOPHER STATE ONE-CA QWEST QWEST VESSCO, INC. XCELENERGY XCELENERGY XCELENERGY XCELENERGY P/R DEDUCTS-PERA MAY PAPER SVC GAS GAS 1ST QTR WA CONN 1ST QTR WA CONN APR SVC PHONES PHONES AMES-CH LORI NATOR & 1 24253 SMITHTOWN RD STATEMENT #193050284 STATEMENT #193050284 STATEMENT #193050284 TOTAL FOR 601 WATER IiTILITY 48332 48337 48343 48346 48346 48346 48372 PERA AMERICAN MESSAGING GOPHER STATE ONE-CA INFRATECH INFRATECH INFRATECH VERIZON WIRELESS P/R DEDUCTS-PERA MAY PAPER SVC APR SVC MANHOLES AT L.S.#6 AR MANHOLES TO L.S.#6 AR I & I MITIGATION L.S. SVC 3/22-4/21 04/28/2009 05/12/2009 05/12/2009 05/12/2009 05/12/2009 05/12/2009 05/12/2009 05/12/2009 05/12/2009 05/12/2009 05/12/2009 05/12/2009 05/12/2009 05/12/2009 04/28/2009 05/12/2009 05/12/2009 05/12/2009 05/12/2009 05/12/2009 05/12/2009 P 200904 D2059963 800001501 800001501 1 STQTR-2 1 STQTR-2 9040835 952470960 952470960 45064 269988318 514531711 514531711 514531711 P 200904 D2059963 9040835 PR90190 PR90190 PR90190- 200358012 $250.50 $4.47 $112.04 $82.93 $11.45 $1,975.95 $122.83 $58.98 $58.98 $3,044.84 $915.62 $76.35 $3,179.65 $626.38 $10,520.97 $115.86 $4.47 $122,82 $5,100.00 ($5,100.00) $5,100.00 $208.22 Ilzcirsday, 11ay t J;, 21109 Page 2 of'-i 48376 "CEL ENERGY STATEMENT #193050284 05/`/2009 514531711 $501.63 TOTAL FOR 611 aS,4-, 'ITAKi SL TA U iii-ITY 6,053.00 48332 PERA P/R DEDUCTS-PERA 04/28/2009 P 200904 $24.83 48371 VEOLIA ENVIRONMENTA APR RECYCLING SVC 05/12/2009 G5000092 $6,990.00 TOTAL FOR 621 RECYCLING UTILI TY $7,014.83 48332 PERA P/R DEDUCTS-PERA 04/28/2009 P 200904 $21.75 48352 METRO BLOOMS RAINGARDEN 05/12/2009 APR28/09 $2,037.50 TOT4L FOR 631 STOR, IWATER 11f,4 !4'AGEAIENT 1 TILIT $2,059.25 48326 MISC. VENDOR MIKE AGNEW:ESCROW R 04/28/2009 MIKE AGN $2,000.00 TOTAL FOR 880 ESCROWD P :SIT $2,000.00 TOTAL CHECKS $64,461.64 Tluarsd ay, rhaay fly, 200 Ira ~.>e 3 of '3 i- ` c.:## # 0-1 48326 MISC. VENDOR MIKE AGNEW:ESCROW REFU 04/28/200 - MIKE AGN $2,000.00 TOTAL, FOR :LIISC. FEWDOR $2,000.00 48330 ICMA RETIREMENT TRU P/R DEDUCTS-DEFERRED CO 04/28/2009 02 200904 $1,609.60 48330 ICMA RETIREMENT TRU P/R DEDUCTS-DEFERRED CO 04/28/2009 02P20090 $210.96 TOTAL FOR IC1IA RETIRE11ENT TRIIST-302131-457 $1,820.56 48331 MINN NCPERS GROUP LI MONTHLY- ELECT LIFE INS 04/28/2009 06 200904 $32.00 TOTAL FOR ;,VIIVIV NCPERS GROUP LIFE LA'S $32.00 48332 PERA P/R DEDUCTS-PERA 04/28/2009 P 200904 $294.84 48332 PERA P/R DEDUCTS-PERA 04/28/2009 P 200904 $21.75 48332 PERA P/R DEDUCTS-PERA 04/28/2009 P 200904 $24.83 48332 PERA P/R DEDUCTS-PERA 04/28/2009 P 200904 $115.86 48332 PERA P/R DEDUCTS-PERA 04/28/2009 P 200904 $250.50 48332 PERA P/R DEDUCTS-PERA 04/28/2009 P 200904 $13.72 48332 PERA P/R DEDUCTS-PERA 04/28/2009 P 200904 $660.94 48332 PERA P/R DEDUCTS-PERA 04/28/2009 P 200904 $2,993.68 48332 PERA P/R DEDUCTS-PERA 04/28/2009 P 200904 $121.26 48332 PERA P/R DEDUCTS-PERA 04/28/2009 P 200904 $225.91 48332 PF_RA P/R DEDUCTS-PERA 04/28/2009 P 200904 $397.05 48332 PERA P/R DEDUCTS-PERA 04/28/2009 P 200904 $328.95 48332 PERA FIR DEDUCTS-PERA 04/28/2009 P 200904 $418.85 48332 PERA P/R DEDUCTS-PERA 04/28/2009 P 200904 $304.59 48332 PERA P/R DEDUCTS-PERA 04/28/2009 P 200904 $188.84 TOTAL FOR PERA $6,361.57 48334 WELLS FARGO HEALTH P/R DEDUCTS-HSA 04/2812009 16 200904 $305.00 TOTAL FOR WELLS FARGO IIEALTLf BEA'EFIT.SFCS $305.00 48335 AGNEW, DIANE FREEMAN PARK ENTRANCE-G 05/12/2009 2009 $100.00 TOTAL FOR ,AG:A'EW, DLA,•A'E $100.00 48336 AHLSTROM, SANDRA SILVERWOOD PARK-GARDEN 05/12/2009 2009 $100.00 TOTAL FOR AHLSTROAI, SANDRA $100.00 48337 AMERICAN MESSAGING MAY PAPER SVC 05/12/2009 D2059963 $8.93 48337 AMERICAN MESSAGING MAY PAPER SVC 05/12/2009 D2059963 $4.47 48337 AMERICAN MESSAGING MAY PAPER SVC 05/12/2009 D2059963 $4.47 TOTAL FOR AMERICAN 11ESSAGING $17.87 48338 ANDERSON, KRISTI B. PRK COMMISION MTG 04/30/09 05/12/2009 04/30/09 $260.00 TOTAL FOR ANDERSON, KRISTI B. $260.00 48339 BOYER TRUCK PARTS D EXHAUST PARTS 05/12/2009 289512 $1,090.36 TOTAL, FOR BOYER TRUCK PARTS DISTRIBUTION CTR. $1,090.36 48340 CENTERPOINT ENERGY S.S. CTR-5735 CTRY CLUB RD 05/12/2009 79456885- $164.05 48340 CENTERPOINT ENERGY GAS 05/12/2009 800001501 $82.93 48340 CENTERPOINT ENERGY GAS 05/12/2009 800001501 $393.12 48340 CENTERPOINT ENERGY GAS 05/12/2009 800001501 $112.04 48340 CENTERPOINT ENERGY GAS 05/12/2009 800001501 $183.96 48340 CENTERPOINT ENERGY GAS 05/12/2009 800001501 $240.82 TOTAL FOR CENTERPOLYT ENERGY $1,176.92 48341 CHANHASSEN-CITY OF 1ST QTR WA CONN 05/12/2009 1STQTR-2 $11.45 48341 CHANHASSEN-CITY OF 1ST QTR WA CONN 05/12/2009 1STQTR-2 $1,975.95 TOTAL FOR CIIANIIASSEN-CITYOF $1,987.40 48342 COMMUNITY REC RESO APR PARK MTG SVCS 05/12/2009 9-2009 $2,025.00 TOTAL. FOR COMLYIIl,'VITY REC RESOURCES $2,025.00 48343 GOPHER STATE ONE-CA APR SVC 05/12/2009 9040835 $122.83 1hund(y, illay 0/, 2009 Page I oj'-/ 4£,.;43 GOPF_R STF_; ONE-CA SVC -5/12/2009 9 )835 $122.82 TOTAL FOR GOPHER STATE ONE-CAL L, Its' $245.65 48344 HENN CTY TREAS.-TARP 2009 HARD COPY 05/12/2009 2009 $23.52 TOTAL FOR HFN"A' CTY TREAS.-TA.YPAYER SL"CS DEPT. $23.52 48345 HENN CTY TREASURER JUN 3-4 REG.-BRAD NIELSEN 05112/2009 JUNE34/2 $300.00 TOTAL FOR HENN CTY TREASURER $300.00 48346 INFRATECH MANHOLES TO L.S.#6 AREA 05/12/2009 PR90190 ($5,100.00) 48346 INFRATECH MANHOLES AT L.S.#6 AREA 05/12/2009 PR90190 $5,100.00 48346 INFRATECH I & I MITIGATION 05/12/2009 PR90190- $5,100.00 TOTAL FOR INFRA TEC'77 $5,100.00 48347 JANI-KING OF MINNESO MAY SVC-C.H. 05/12/2009 MIN05090 $299.63 48347 JANI-KING OF MINNESO MAY SVC-P.W. 05/12/2009 MIN05090 $260.79 TOTAL FOR JANI KING OF RII.I'NESOT A, INC. $560.42 48348 KENNEDY & GRAVEN, C GEN RETAINER & S.S. CENTER 05/12/2009 89224 $1,590.20 48348 KENNEDY & GRAVEN, C GEN RETAINER & S.S. CENTER 05/12/2009 89224 $4,216.03 TOTAL FOR KE.NNEDY& GRAS'EA!, CHARTERED $5,806.23 48349 KIRCHER, LUCINDA CATHCART PARK-GARDEN 05/12/2009 2009 $100.00 TOTAL FOR KIRCHER, Lt/LINDA $100.00 48350 M/A ASSOCIATES INC. TRASH CAN LINER - 05/12/2009 - 1427 $350.96 TOT-fL FOR MI4 ASSOCL4TESLVC $350.96 48351 MARSO CINDY MANOR PARK-GARDEN 05/12/2009 2009 $100.00 TOTAL FOR MARSO CINDY $100.00 48352 METRO BLOOMS RAINGARDEN 05/12/2009 APR28/09 $2,037.50 TOTAL FOR METRO BLOOMS $2,037.50 48353 MIDWEST MAILING SYST MAY PSTG ADDT'L 05/12/2009 68096 $5.74 48353 MIDWEST MAILING SYST MAY NEWSLETTER SVC 05/12/2009 68101 $333.54 TOTAL FOR IIIDIVFLST M.,IILI,N`GSY.STFMS INC $339.28 48354 MN DEPT. OF PUBLIC SA DUI-1995 CHRYSLER CIRRUS 05/12/2009 1995CHR - $23.00 TOTAL FOR MN DEPT: OF PUBLIC SAFETY $23.00 48355 MISC. VENDOR MTKA GIRLS SOFTBALL ASSC: 05/12/2009 MTKA GIR $1,780.00 TOTAL FOR ,VIISC. VENDOR $1,780.00 48356 NGUYEN, MICHELLE APR MILEAGE & BARCODE SC 05/12/2009 APR-2009 $96.80 48356 NGUYEN, MICHELLE APR MILEAGE & BARCODE SC 05/12/2009 APR-2009 $31.91 TOTAL FOR NGL%YEN, MICHELLE $128.71 48357 OFFICE DEPOT GEN & PLNG SUPPLIES 05/12/2009 471737531 $27.94 48357 OFFICE DEPOT GEN & PLNG SUPPLIES 05/12/2009 471737531 $17078 48357 OFFICE DEPOT MAGAZINE RACK 05/12/2009 472160246 $94.89 48357 OFFICE DEPOT BATTERY BACK-UP 05/12/2009 472364908 $115.00 48357 OFFICE DEPOT GEN 05/12/2009 472516100 $24.40 48357 OFFICE DEPOT BATTERIES BACK-UP 05/12/2009 472516142 $39.79 48357 OFFICE DEPOT BATTERIES BACK-UP 05/12/2009 472516142 $119.40 48357 OFFICE DEPOT BATTERIES BACK-UP 05/12/2009 472516142 $39.80 48357 OFFICE DEPOT BATTERIES BACK-UP 05/12/2009 472516142 $79.60 48357 OFFICE DEPOT BATTERIES BACK-UP 05/12/2009 472516142 $39.80 TOTAL FOR OFFICE DEPOT $751.40 48359 MISC. VENDOR PAULA SAUNDERS:S.S.CTR RE 05/12/2009 PAULA SA $300.00 TOTAL FOR MISC. VENDOR $300.00 48360 PAZANDAK, JOSEPH MILEAGES 4/13-4/24 05/12/2009 200904290 $110.55 TOTAL FOR P17 1ND.AK, JOSEPII $110.55 48361 POTTS, KENNETH N. APR PROSECUTIONS 05/12/2009 APR-2009 $2,291.66 -TOTAL FOR POTTS, KENNETH AV $2,291.66 48362 PRINCIPAL FINANCIAL G MAY DENTAL PREM 05/12/2009 100577310 $777.01 t7tcaas~Lry, ;~1ay 077 1009 Page 2 of 4 S779 01 48363 PURCHASE POWER E-Z S` AL 05/12/2009 491253-04 $89.93 TOTAL FOR PbRCA. i PC -R $89.93 48364 QWEST PHONE 05/12/2009 952470634 $111.48 48364 QWEST PHONES 05/12/2009 952470960 $58.98 48364 QWEST PHONES 05/12/2009 952470960 $58.98 TOTAL FOR QI EST $229.44 48365 ROGERS, DON DELIVER SHWD PCKTS & MILE 05/12/2009 200905070 $230.00 48365 ROGERS, DON DELIVER SHWD PCKTS & MILE 05/12/2009 200905070 $108.90 TOTAL FOR ROGERS, DON $338.90 48366 RUMPCA CO INC TREE DISPOSAL 05/12/2009 4525 $6.00 TOTAL, FOR Rt. MPCA CO INC $6.00 48367 SPEEDWAY SUPERAME GAS 05/12/2009 064699603 $1,813.82 TOT-AL FOR SPEEDWAYSUPERAiTIERI CA LLC - $1,813.82 48369 TKDA ENGINEERS ARCH MAR PARK CIP 05/12/2009 000200900 $845.37 TOTAL FOR TKDA ENGINEERS ARCHI TECTS PL_AN.VERS $845.37 48370 TOTAL PRINTING SERVI MAY NEWSLETTER SVC & PER 05/12/2009 7141 $1,028.55 48370 TOTAL PRINTING SERVI MAY NEWSLETTER SVC & PER 05/12/2009 7141 $393.10 48370 TOTAL PRINTING SERVI ENVELOPES & LETTERHEADS 05/12/2009 7153 $369.34 TOTAL FOR TOTAL PRINTING SERVICES $1,790.99 48371 VEOLIA ENVIRONMENTA APR RECYCLING SVC 05112/2009 G5000092 $6,990.00 TOTAL FOR VEOLIA E.,A'VIR0,N,11ENTAL SERVICES $6,990.00 48372 VERIZON WIRELESS L.S. SVC 3/22-4/21 05/12/2009 200358012 $208.22 TOTAL FOR VFRI70N WIRELESS $208.22 48373 VESSCO, INC. AMES-CHLORINATOR & INJEC 05/12/2009 45064 $3,044.84 TOTAL FOR VESSCO, INC: $3,044.84 48374 WAGNER, LISA - GIRL S FREEMAN PARK PLAZA-GARD 05/12/2009 2009 $100.00 TOTAL FOR WAG,VER, LISA - GIRL SCOUT TROOP 1 2274 $100.00 48375 WASTE MANAGEMENT-T MAY SVC-P.W. 05/12/2009 4970271-1 $264.80 TOTAL FOR WASTE.41A.V;AGEh1ENT-TC WEST $264.80 48376 XCEL ENERGY 24253 SMITHTOWN RD 05/12/2009 269988318 $915.62 48376 XCEL ENERGY 5700 CTY RD 19 05/12/2009 270514917 $28.92 48376 XCEL ENERGY 5700 CTY RD 19 05/12/2009 270514917 $161.86 48376 XCEL ENERGY STATEMENT #193050284 05/12/2009 514531711 $420.83 48376 XCEL ENERGY STATEMENT #193050284 05/12/2009 514531711 $501.63 48376 XCEL ENERGY STATEMENT #193050284 05/12/2009 514531711 $3,179.65 48376 XCEL ENERGY STATEMENT #193050284 05/12/2009 514531711 $626.38 48376 XCEL ENERGY STATEMENT #193050284 05/12/2009 514531711 $76.35 48376 XCEL ENERGY STATEMENT #193050284 05/12/2009 514531711 $360.30 48376 XCEL ENERGY STATEMENT #193050284 05/12/2009 514531711 $23.45 48376 XCEL ENERGY STATEMENT #193050284 05/12/2009 514531711 $3.80 48376 XCEL ENERGY STATEMENT #193050284 05/12/2009 514531711 $639.28 48376 XCEL ENERGY STATEMENT #193050284 05/12/2009 514531711 $3,164.21 TOTAL FOR XCEL ENERGY $10,102.28 48378 MN DEPT. OF PUBLIC SA DUI-1997 BUICK-LLF 4 DOOR 05/12/2009 1997BUIC $20.00 TOTAL FOR .11N DEPT OF PUL'LIC SAFETI' $20.00 48379 SUN NEWSPAPERS COMP PLAN UPDATE 04/23 05/12/2009 1174917- $28.60 48379 SUN NEWSPAPERS PARKING REQUIREMENTS 04/ 05/12/2009 1174918- $28.60 48379 SUN NEWSPAPERS ORD NO. 457 - 04/23 05/12/2009 1174919- $53.63 TOTAL FOR SL :V 1VE11'SP.APERS $110.83 48380 SUN PATRIOT NEWSPAP COMP PLAN HEARING 04/25 05/12/2009 914390- $27.20 48380 SUN PATRIOT NEWSPAP ORD NO. 457 - 4/25 05/12/2009 914395- $49.25 48380 SUN PATRIOT NEWSPAP PARKING HEARING 04/25 05/12/2009 914397- $27.20 I hursdig ,11a.r 0,~, 2009 Page 3 o f 4 Ti -r , 's CKS $64,461.64 TO i': car.~rlr{p, :I!ay 0/-, 2009 Page 4 o.1 4 $ r r 1 1207 NORTHLAI f I 'I1ST SE EDA-SHWD PRO 05/12/2009 EADSHOR $46,733.34 TOTAL, FOR NORT L„ AND TR S7'SERVICES, LIVC $46,733.34 TOT4L CHECKS $46,733.34 1 is un day, ilhg 0 2009 Page I of I PAYROLL APPROVALS For 05/11/2009 Council Meeting Prepared by._ Date: r L Michelle T. Nguyen, Sr. Accounting Clerk Reviewed by: ~ ,L n Date:; 4r Bonnie Burton, Finance Director A Date: Approved by: L616 Brian Heck, City Administrator # 1 ast Nante 'last /1' 48327 BAILEY JEFFERY 999999 BROWN LAWRENCE 999999 BURTON BONNIE 999999 DAVIS CHARLES 999999 DENNEN PATRICIA 999999 GROUT TWILA 999999 HECK BRIAN 48328 HELGESEN PATRICIA 999999 HELLING PAMELA 999999 LANDINI JAMES 999999 LIZEE CHRISTINE 999999 LUGOWSKI JOSEPH 999999 MASON BRADLEY 999999 MOORE JULIE 999999 NGUYEN MICHELLE 999999 NIELSEN BRADLEY 999999 PANCHYSITYN JEAN 999999 PAZANDAK JOSEPH 48329 POUNDER CHRISTOPHER 999999 RADCLIFFE-KAPUS MICHAEL 999999 RANDALL DANIEL 999999 STARK BRUCE 999999 TOWER TERRY 999999 TURGEON LAURA 999999 WOODRUFF RICHARD 999999 ZERBY MICHAEL 14,11 Chec=k Arm Check Date V $0.00 04/28/2009 A $2,623.66 04/28/2009 M $2,590.34 04/28/2009 S $1,293.64 04/28/2009 L $1,370.26 04/28/2009 R $1,409.09 04/28/2009 W $2,648.52 04/28/2009 R $1,459.22 04/28/2009 J $1,302.68 04/28/2009 A $1,484.49 04/28/2009 G $277.05 04/28/2009 P $1,504.90 04/28/2009 J $1,636.81 04/28/2009 K $1,100.10 04/28/2009 T $1,747.38 04/28/2009 J $1,930.76 04128/2009 M $1,923.31 04/28/2009 E $1,870.81 04/28/2009 J $1,542.47 04/28/2009 L $175.24 04/28/2009 J $1,849.81 04/28/2009 H $1,313.56 04/28/2009 R $1,333.52 04/28/2009 $230.87 04/28/2009 F $230.87 04/28/2009 S $230.87 04/28/2009 Total of Checks $35,080.23 T Iutrsdi , Illay 07, 2009 Page I of I r- 7 -1 i 6 % u 5755 COUNTRY uLuB HOAD SHOHEW`JOD, MINNESOTA 553318927 ~ (952) 474-3236 FAX (952) 474-0128 - www.ci.shorewood.mn.us - cityhail@ci.shorewood.mn.us MEMORANDUM DATE: May 6, 2009 TO: Mayor and City Council Members FROM: Jean Panchyshyn, Deputy Clerk Y CC: Brian Heck, City Administrator RE: LIQUOR LICENSES The Minnetonka Country Club and the American Legion Post #259 currently hold on-sale liquor licenses in the City. Cub Foods currently holds a 3.2 percent off-sale malt liquor license. Park Square Subway (dba Shorewood Liquor) and The Cellars Wines and Spirits of Shorewood, Inc. both hold an off-sale intoxicating liquor license. All licenses expire on May 31, 2009. All licensees have submitted appropriate liquor license documentation and license renewal fees. Background checks were processed, and there were no disclosable records for convictions within the past year of any violation of laws relating to the sale of intoxicating liquor for these five establishments. City Council Action Adopt the following five Resolutions: On-sale Intoxicating Liquor and Special Sunday Sales license for the Minnetonka Country Club and the American Legion Post #259; 3.2 percent off-sale Malt Liquor license for Cub Foods; and off-sale intoxicating liquor licenses for Park Square Subway (dba Shorewood Liquor) and The Cellars Wines and Spirits of Shorewood, Inc. ~~.6 PRINTED ON RECYCLED PAPER CITY OF SIY ` 7" O RESOLUTION NO. 9-019 A RESOLUTION APPROVING INTOXICATING LIQUOR LICENSE ON-SALE INTOXICATING LIQUOR SPECIAL SUNDAY SALES WHEREAS, the Shorewood City Code, Sections 402.02, 403.05, 1300.01 and 1300.02, provides for the licensing of the sale of intoxicating liquor in the City and requires a special license for Sunday sales; and WHEREAS, said Code provides that an applicant shall complete an application, shall fulfill certain requirements concerning insurance coverage, and shall pay a licensing fee; and WHEREAS, the following applicant has satisfactorily completed an application, and has fulfilled the requirements for the issuance of a license for the "on-sale" of intoxicating liquor and for a special license for "Sunday Sales". NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: That a License for the "on-sale" of intoxicating liquor and a special Sunday License for sales be issued for a term of one year, from June 1, 2009 to May 31, 2010, consistent with the requirements and provisions of Chapter 400 of the Shorewood City Code, to the following applicant: Applicant Address Minnetonka Country Club 24575 Smithtown Road Shorewood, MN 55331 2009. ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 1 lth day of May, ATTEST: Christine Lizee, Mayor Brian Heck, City Administrator/Clerk CITY F S E C SOLUTION NO. 09-61 V A RESOLUTION APPROVING A 3,2 PERCENT "OFF-SALE" MALT LIQUOR LICENSE WHEREAS, the Shorewood City Code, Sections 402.05 provides for the licensing of the sale of 3.2 percent malt liquor in the City; and WHEREAS, said Code provides that an applicant shall complete an application, shall fulfill certain requirements concerning insurance coverage, and shall pay a licensing fee; and WHEREAS, the following applicant has satisfactorily completed an application, and has fulfilled the requirements for the issuance of a license for the "off-sale" of 3.2 percent malt liquor NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 2009. ATTEST: That a License for the "off-sale" of 3.2 percent malt liquor be issued for a term of one year, or that portion thereof, from June 1, 2009 to May 31, 2010, consistent with the requirements and provisions of Chapter 400 of the Shorewood City Code, to the following applicant: Applicant Address Shorewood 2001 L.L.C, Dba, Cub Foods 23800 State Highway 7 Shorewood, MN 55331 ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 1 lth day of May, Christine Lizee, Mayor Brian Heck, City Administrator/Clerk CITY OF S OREEWOO RESOLUTION NO. 09-021 A RESOLUTION APPROVING AN OFF-SALE INTOXICATING LIQUOR LICENSE WHEREAS, the Shorewood City Code, Chapter 401, provides for the licensing of the off-sale of intoxicating liquor in the City; and WHEREAS, said Code provides that the applicant shall complete an application for a liquor license, fulfill certain requirements concerning insurance coverage, have a favorable financial credit background check and a criminal history background check; and pay a licensing fee; WHEREAS, the following applicant has satisfactorily completed an application, and has fulfilled the requirements for the issuance of a license for the "off-sale" of intoxicating liquor; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: That a License for the "off-sale" of intoxicating liquor be issued for a term of one year, or that portion thereof, from June 1, 2009 to May 31, 2010, consistent with the requirements and provisions of Chapter 401 of the Shorewood City Code, to the following applicant: Applicant Address The Cellars Wines & Spirits of Shorewood, Inc. 19905 State Hwy. 7 Shorewood, MN 55331 ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 11th day of May, 2009. ATTEST: Christine Lizee, Mayor Brian Heck, City Administrator/Clerk CITY F S E OOD RESOLUTION NO. 09-022 A RESOLUTION APPROVING INTOXICATING LIQUOR LICENSE ON-SALE INTOXICATING LIQUOR c& SPECIAL SUNDAY SALES WHEREAS, the Shorewood City Code, Sections 402.02, 403.05, 1300.01 and 1300.02, provides for the licensing of the sale of intoxicating liquor in the City and requires a special license for Sunday sales; and WHEREAS, said Code provides that an applicant shall complete an application, shall fulfill certain requirements concerning insurance coverage, and shall pay a licensing fee; and WHEREAS, the following applicant has satisfactorily completed an application, and has fulfilled the requirements for the issuance of a license for the "on-sale" of intoxicating liquor and for a special license for "Sunday Sales". NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: That a License for the "on-sale" of intoxicating liquor and a special Sunday License for sales be issued for a term of one year, from June 1, 2009 to May 31, 2010, consistent with the requirements and provisions of Chapter 400 of the Shorewood City Code, to the following applicant: Applicant Address American Legion Post 4259 24450 Smithtown Road Shorewood, MN 55331 ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 11th day of May, 2009. Christine Lizee, Mayor ATTEST: Brian Heck, City Administrator/Clerk CITY OF S E O RESOLUTION NO. 9-023 A RESOLUTION APPROVING AN OFF-SALE INTOXICATING LIQUOR LICENSE WHEREAS, the Shorewood City Code, Chapter 401, provides for the licensing of the off-sale of intoxicating liquor in the City; and WHEREAS, said Code provides that the applicant shall complete an application for a liquor license, fulfill certain requirements concerning insurance coverage, have a favorable financial credit background check and a criminal history background check; and pay a licensing fee; WHEREAS, the following applicant has satisfactorily completed an application, and has fulfilled the requirements for the issuance of a license for the "off-sale" of intoxicating liquor; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: That a License for the "off-sale" of intoxicating liquor be issued for a term of one year, or that portion thereof, from June 1, 2009 to May 31, 2010, consistent with the requirements and provisions of Chapter 401 of the Shorewood City Code, to the following applicant: Applicant Address Park Square Subway, Inc. DBA Shorewood Liquor 2009. ATTEST: 23670 State Hwy. 7 Shorewood, MN 55331 ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 11th day of May, Christine Lizee, Mayor Brian Heck, City Administrator/Clerk 7- d-- 5755 COU,4I rev' CLIUB F OAu Sr1GRr-W0uu, MINNESOTA 55331-8927 ® (952) 474-3236 FAX (952) 474-0128 - www.ci.shorewood.mn.us ® cityhall @ci.shorewood.mn.us MEMORANDUM TO: Mayor and City Council FROM: Larry Brown, Director of Public Works Brian Heck, City Administrator DATE: May 16, 2009 RE: Employee Retirement After 35 plus years of service, Public Works employee Dennis Johnson retired from the City in February, 2009. A staff committee was recently formed to discuss options for a retirement event for Dennis. The committee discussed what Shorewood has done in the past, noting the last retirement in Shorewood was over 14 years ago. The committee also discussed what neighboring cities have done in more recent years to recognize an employee's retirement. A common theme has been to have a luncheon and cake & coffee. Another common practice amongst public works departments is to invite neighboring cities to the retirement event. The committee discussed a luncheon invitation list and determined it appropriate to invite City Council, city staff, Dennis's immediate family members who live in the area, and the public works departments of Tonka Bay and Excelsior, (the two cities who most closely work with Shorewood). The luncheon would be held from 11:30 a.m-12:30 p.m. The committee also discussed an additional invitation list for afternoon cake and coffee to be held from 1:00-2:30 p.m. This would consist of the following neighboring cities' public works departments: Chanhassen, Deephaven and Victoria; as well as past Council members, the SLMPD, and EFD. The committee also discussed options for a retirement award, and determined an appropriate award to be a gift certificate in the amount equal to that of the last years of service award the employee received. In Dennis's case, a gift certificate in the amount of $175 would be in line with the established service awards. The committee discussed options for a luncheon menu, and has priced out a menu of Famous Dave's pulled pork; other items from Cub Foods such as buns, chips, coleslaw, and refreshments; and cake from Costco. The estimated number of people in attendance for the luncheon is 45-50. Another 20-25 r21 16 PRINTED ON RECYCLED PAPER F l people may join in for the calve and coffee. All together, the estimated cost for the luncheon and cake and coffee is approximately $350. The committee has determined to hold the event on Monday, June 1 at the Southshore Center. Council Action Staff is recommending Council approve a retirement event for Dennis Johnson to be held on June 1, 2009, at the Southshore Center from approximately 11:30 a.m. - 2:30 p.m., with costs of approximately $350 for food and $175 for the retirement award, for a total of $525. If approved, the funding for this would originate from the operating budget. MEMORANDUM To: Mayor and City Council Members Brian Heck, City Administrator From: Twila Grout Park Secretary Date: May 6, 2009 Re: Concession Services Agreement for 2009 The Park Commission, at its April 30, 2009, meeting agreed to have Russ Withum provide concession services at Freeman Park, Eddy Station, in 2009. Services will be provided Monday through Sunday, from 5:30 to 8:30 p.m. on or about May 1 and continue through August 1 or when the sports organizations have concluded their events. Mr. Withum has provided concession services since 2005. He has done a very good job with the concession services over the years, and has always been willing to open up for other events. The contractor has agreed to pay the city $394 for the 2009 season. Payment will be due September 30, 2009. A copy of the agreement is attached. Recommendation The Park Commission recommends the City Council approve formalizing the Concession Agreement for 2009 with Russ Withum. Independent Contractor 2009 Concession Operation Agreement By and Between City of Shorewood and Contractor THIS AGREEMENT, made this day of 2009 1 9 by and between the City of Shorewood, Minnesota, a Minnesota municipal corporation with its offices located at 5755 Country Club Road, Shorewood, Minnesota 55331 (the "City") and Russ Withum (the "Contractor") . RECITALS WHEREAS, the City is engaged in the business of providing municipal services including park and recreation opportunities within the corporate limits of the City. The City has constructed a concession/restroom/picnic facility in Freeman Park within the City known as Eddy Station; and WHEREAS, the City desires to provide concession services to the patrons of Freeman Park through the facility of Eddy Station; and WHEREAS, the City further desires to enter in to an agreement with the Contractor for the operation and provision of concession services. NOW, THEREFORE, the parties agree as follows: 1.) Schedule of Operation. Contractor agrees to provide concession services Monday through Sunday, from 5:30 to 8:30 p.m., commencing on or about May 1 or whenever the first organized sports events begin. Concession operations will continue through August 1, or whenever Freeman Park ceases its summer use by MGSA, Adult Softball and Tonka United Soccer. Contractor agrees to coordinate operations with the Park Scheduling Coordinator. 2.) Contractor Responsibilities. a.) Contractor agrees to be present each day for opening, training of sales volunteers, and all duties involved with closing the operation at the end of the day. Contractor agrees that if for any reason he is not able to be present for any period of time, while the concession operation is open, he will be available by pager or cell phone for immediate assistance at the site. b.) Contractor agrees to be responsible for the cleaning and maintenance of the concession area. 3.) Contractor Payment. The Contractor agrees to pay the City $394 for the year 2009. Payment due to the City by September 30, 2009. 4.) Purchasing. The Contractor agrees to purchase the necessary products and supplies associated with concession sales at Eddy Station. 5.) Equipment. The City agrees to provide the hot dog machine, popcorn machine, cash register, pop cooler, refrigerator and coffee machine. 6.) Termination. Either party may terminate this Agreement, without cause or reason, upon thirty (30) days' written notice to the other party. Either party may terminate this Agreement without notice for cause. "Cause" includes, but is not limited to, dishonesty, failure to meet deadlines, criminal conduct, or breach of this Agreement. 7.) Status of Contractor. As intended by both parties, this Agreement calls for the performance of the services of Contractor as an independent contractor and Contractor will not be considered an employee of the City for any purpose. a.) The manner and means of performance of Contractor shall be entirely at Contractor's discretion. Contractor is free to employ personnel to assist Contractor in providing services to the City, but such employees shall be Contractor's responsibility and not that of the City. The City shall not provide Contractor or Contractor's employees or agents with any benefits from the City such as workers compensation insurance, unemployment insurance, health insurance, income tax withholding, or social security contributions. The City does not control the performance of Contractor and Contractor accepts all risk of profit and loss flowing from the services provided under this Agreement. All expenses must be borne by Contractor and shall not be reimbursed by the City. Those expenses include furnishing Contractor's place of work, payroll expenses, taxes, and insurance. b.) Contractor shall conspicuously identify himself to all persons and organizations as an independent contractor and shall not represent or imply that this Agreement authorizes Contractor to act as an agent for, or on behalf of, the City. Neither the City nor Contractor shall be responsible for any agreement, representation, or warranty made by the other, nor shall the City be obligated for damages to any person or organization for personal injuries or property damage arising directly or indirectly out of the conduct of Contractor's business or caused by Contractor's actions, failure to act, conduct or negligence. 8.) Indemnification. Contractor agrees to indemnify and hold the City harmless from and against any and all claims by or on behalf of any person arising from Contractor's actions, failure to act, conduct, or negligence while performing services pursuant to this Agreement unless such damage or liability arises from or in connection with faulty or defective materials or facilities provided by the City. Contractor agrees to carry Commercial liability insurance in the amount of $300,000. 9.) Entire Agreement. This Agreement contains the entire agreement between the parties and no amendment hereto shall be valid unless made in writing and signed by the parties. There is merged herewith all prior and collateral representations, promises, and conditions concerning Contractor and the City. This Agreement supersedes and nullifies any preexisting agreements between the parties relating to the subject matter of this Agreement. All agreements as to payments to be made to Contractor for particular projects must be in writing. 10.) Severable. In the event any portion of this Agreement shall be held to be invalid the remainder of the Agreement shall continue in full force and effect. 11.) Notices. Any notice required or permitted to be given under this Agreement shall be sufficient if it is in writing and sent by registered or certified mail to Contractor's residence or to the principal office of the City, which ever shall be applicable. 12.) Governing Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Minnesota. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. CITY OF SHOREWOOD CONTRACTOR By: By: Its: Its: - r e~ m R 5.5 G-JN', . ,Y CLL . '',C ^ S,'-','.EW-L), fa, ,,,,ES0TA 55331-8927 - (952) 474-3236 FAX (962) 474-0128 - www.ci.shorewood.mn.us - cityhall d.shorewood.mn.us MEMORANDUM TO: Mayor and City Council Brian Heck, City Administrator FROM: James Landini, City Engineer DATE: May 7, 2009 RE: Resolution Accepting Plans, Specifications and Authorizing Advertisement for Bids for Mill & Overlay of Streets for 2009. As part of the Operating Budget, funds are set aside each year for Road Maintenance. The 2009 budget has $163,500 earmarked for overlays. Streets chosen for the mill & overlay must have a foundation capable of supporting the surface and have a PASER rating of 4 or higher. The streets chosen for 2009 are from the 20 yr roadway plan. Streets scheduled for 2009 mill & overlay are shown on the attached map and are: Forest Drive, Ferncroft Drive, Cajed Lane, Beverly Drive and Stratford Place. This schedule may change due to budgetary constraints. Therefore the attached resolution approves the plans and specifications for such services and authorizes the advertisement for bids. If approved, the bid opening for this project is scheduled for 10:00 a.m., Wednesday, June 3, 2009. Recommendation Staff recommends approval of the attached resolution that approves the plans and specifications for the Mill & Overlay of Streets for 2009, and authorizes advertisement for buds. V f , PRINTED ON RECYCLED PAPER CITY F S HC- RESOLUTION NO. 09- A RESOLUTION APPROVING SPECIFICATIONS AN ESTIMATE AN AUTHORIZING ADVERTISEMENTS F I FOR 2009 MILL & OVERLAY CITY PROJECT 09-04 WHEREAS, the City of Shorewood designates $163,500 for mill & overlay; and WHEREAS, the Director of Public Works has identified streets within the City that need mill & overlay; and WHEREAS, the City Engineer has prepared Specifications and Estimate dated May 8, 2009 for a project within the City of Shorewood for the 2009 Mill & Overlay of Streets. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood, Minnesota: The Specifications and Estimate was prepared by the City Engineer for such improvement. Said Specifications and Estimate are hereby approved and shall be filed with the City Clerk. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in Construction Bulletin an advertisement for bids, attached hereto as Exhibit A, upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for 2 weeks, shall specify the work to be done, shall state that bids will be opened and considered by the Council at 10:00 a.m. (CST), on June 3, 2009, in the City Hall Council Chambers, and that no bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond, or certified check payable to the Clerk for 5 percent of the amount of each bid. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 1 lth day of May, 2009. ATTEST: Christine Lizee, Mayor Brian Heck, City Administrator/Clerk y _ - TT FORBIDS NO'T'ICE IS HEREBY GIVEN that sealed proposals will be received at the City Clerk's Office in the City of Shorewood, Hennepin County, Minnesota at the Shorewood City Hall, 5755 Country Club Road, Shorewood, Minnesota 55331, until 10:00 A.M. on Wed., the 3rd day of .Tune, 2009 and will be publicly opened at said time and place by two or more designated officers or agents of the City of Shorewood. Said proposal to be for the furnishing of all labor and materials for the construction complete in place of the following; 2,178 SY MILL BITUMINOUS SURFACE 500 TON TYPE 31 LEVELING COURSE MIXTURE 1432 TON TYPE 41 WEARING COURSE MIXTURE ki GAL BITUMINOUS MATERIAL FOR TACK COAT Proposals arriving after the designated time will be returned unopened. The bids must be submitted on the proposal form provided in accordance with the contract documents, plans and specifications as prepared by the City of Shorewood, 5755 Country Club Road, Shorewood, Minnesota 55331, which are on file with the City Clerk of the City of Shorewood. Copies of Proposal Form Specifications for use by the contractors submitting a bid may be obtained from City Hall, City of Shorewood, 5755 Country Club Rd, Shorewood, Minnesota 55331, upon a deposit (non-refundable) of Twenty Five Dollars and No Cents ( $ 25.00 ) per set or a PDF file for free by email. No Bids will be considered unless sealed and endorsed upon the outside wrapper, " BID FOR 2009 BITUMINOUS MILL and OVERLAYS " and filed with the City Clerk of the City of Shorewood and accompanied by a cashier's check, payable to the City of Shorewood for 5% of the amount of the bid to be forfeited as liquidated damages in the event the bid is accepted and the bidder should fail to enter promptly into a written contract and furnish the required bonds. The City of Shorewood reserves the right to reject any and all bids. No bids may be withdrawn for a period of ( 30 ) days from the date of opening the bids. Date: May 1 lth, 2009 BY: ORDER OF THE CITY COUNCIL Brian Heck, City Administrator PUBLISHED IN: The "Construction Bulletin May 18th & May 25t1' 2009 The " Sun Sailor " May 21 st & May 28th 2009 2009 Bituminous Mill and Overlays AFB Beverly Drive, Cajed Lane, Ferncroft Drive, Forest Drive and Stratford Place STRATFORD a a r ~J i; 5 l e F y `,Q. J r J J D g r 2jrAia~ - She oal Stake Ix ate Cha `0 "Covington Ct .Elbert Pt 3MAney Clr ',Chestnuts,, 5Chestnut ct MGdnlay Clr 1 Panb View Dr t'~ } (14 0 1,000 2,000 4,000 610 C\1 I :WOOD Feet ~n a If I 44"~ v M ¢ 7' r) -F 5755 COUNTRY CLUB ROAD - SHOREWOO-, MIN-SOTA JJ331-8927 ® (952) 474-3236 FAX (952) 474-0128 s www.d.shorewood.mn.us ® cityha11@d.shorewood.mn.us MEMORANDUM TO: Mayor and City Council FROM: Brad Nielsen DATE: 7 May 2009 RE: Brockwood - Extension of Preliminary Plat Approval FILE NO. 405(08.15) Brent Hislop, representing Synergy Land Company, has requested a 180-day extension of his preliminary plat approval for Brockwood, a two-lot subdivision located on the west side of Strawberry Lane, just north of the LRT trail. His request letter is attached. In light of the current economy, it is recommended that the extension be granted. Cc: Brian Heck James Landini Larry Brown oil f®,® PRINTED ON RECYCLED PAPER p F : 1 of 1 rE From: Brent Hislop [Brent.hislop@synergylandcompany.com] Seat: Tuesday, April 21, 2009 11:41 AM To: Brad Nielsen Cc: 'Brent Hislop' Subject: Request for PP Extension - Brockwood Hi Brad - Per our discussion yesterday, we are formally requesting a "180 d.a:y extension on our approved Preliminary Plat for Brockwood. The reasons behind this request are two-fold: 1. With the meltdown of the financial & credit markets last fall/winter, we discussed the timing of the land closing with the current owners. We agreed to a. 6 month closing extension on the property. This being the case, we cannot final plat the property until we are fee owner, which Will happen later this summer. Our current preliminary plat expires in mid May. 2. In our original discussions with the City, we discussed that the our timing in submitting and recording the final plat is linked to securm- a contingent sale of the 1 acre lot on. Cathcart. This continues to be, our intent and another reason for this request. While we have received several inquiries, given the soft conditions of the current market we do not have a qualified buyer on this lot at this point. We continue to be both financially and personally cornmitted. to this property and the subdivision as approved in the preliminary plat. We appreciate the City's understanding of these marl<et realities and its willinb Zess to support this request. We would ask this item be placed on the City Council's agenda for the May 1.1th, 2009 session. Thank you. Brent I-rs1op r President / Managing Partner Land Develo.lment, Land Brokerage , Land. Consulting (612)590-0811. brent.hisl_ov@SynergyLandConlpany_.c Enjoylearningnaorc at. www,Syrwrgy_LandConipany_com_ 4/21/2009 MEMORANDUM COUNCIL FOR ACTION TO: City Council FROM: Brian Heck, City Administrator j - j DATE: April 17, 2009 SUBJECT: Excelsior Request for Supplemental Police Officers Excelsior has requested the SLMPD provide supplemental services for seasonal park and dock patrol; this service has been requested and provided in the past for the City. The Joint Powers Agreement allows for member cities to request additional services from the SLMPD as long as "...services delivered by separately dedicated personnel outside of the approved budget as mutually agreed by all parties." The provision goes on to state that such requests shall not be unreasonably withheld. The City of Excelsior will cover all the costs associated with this extra service as they have in the past. Recommendation - staff recommends Council approve the SLMPD providing season park and dock patrol services for the City of Excelsior for 2009 in accordance with the terms and conditions of the Joint Powers Agreement. 3 c~ MEMORANDUM TO: City Council Brian Heck, City Administrator FROM: Kristi Anderson, CRR DATE: May 6, 2009 RE: Demonstration Garden Project Guidelines and Recommendation The Park Commission has been meeting with an enthusiastic group of Gardeners over the past several months to discuss various gardening options. What began as a Community Garden project to teach kids about gardening, has evolved to a `Community Victory Garden' demonstration vegetable garden for people wanting to learn to garden, to it's current state as a `Demonstration Garden Project', a multi-generational garden learning experience for all ages as part of the summer in the parks series. Staff, and the Park Commission, have considered numerous locations to plant the demonstration garden and have settled upon a 20' X 30' site near the west end of the South Shore Community Park. Staff has created guidelines by which the demonstration garden will operate in conjunction with the Garden Team/Board. The intent is for this site to operate as a demonstration garden promoting sustainable and organic gardening techniques via ongoing lessons and demonstrations for the purpose of promoting a future community plot gardening effort, evaluating the commitment, community interest, potential future expansion, and funding for this ongoing effort. Over the course of the season, City staff will continue to work with the Garden Board to locate suitable space for gardening plots for future expansion and create guidelines for their operation. Recommendation: At it's March 10, 2009 Meeting, the Park Commission moved to direct staff to determine costs and a location for the Community Demonstration Garden and present those findings to the City Council for their endorsement and that the project be carried forward under the Park Commission's umbrella of summer programming at a participation cost not to exceed $250. Staff presented Guidelines for the Demonstration Project for the Commission's review. In addition to its earlier motion in March, the Park Commission recommended the City Council approve the Demonstration Garden Project Guidelines, with the initial 2009 site installation at the South Shore Community Park; that the City waive permit fees for their fencing request; and that the City provide a sign identifying the Demonstration Garden, City of Shorewood at the site. a Project- Guidelines for a:Ni-- F r. Learning Experience R , ,s art ~ d o- he Summer-ir.-.7 ---,arks programming 2009 SUMMARY/GOAL: To support community gardening through a demonstration garden promoting sustainable and organic gardening techniques for the purpose of promoting a future community plot gardening effort and evaluating the commitment, community interest, potential future expansion, and funding for this as its own entity. PROPOSED: 30' X 20' rectangular shape garden to be placed at the South Shore Community Park (Skate Park, 55355 St. Alban's Bay Rd, off highway 7) AUDIENCE: All ages welcome; as a participatory and informative demonstration project for citizens who want to garden and/or want to learn to garden. PURPOSE: t) To teach people how to grow their own vegetables and herbs by participating in a structured demonstration garden system featuring Master Gardeners. 2) To donate a portion of the produce from the summer's community demonstration garden to the ICA Food Shelf - garden team's idea 3) To encourage residents to try growing food even on a limited scale (not everyone needs a big garden-many things grow well in containers) 4) To bring neighbors together to foster a sense of community and gauge interest in community gardening programs in Shorewood and the South Lake area. 5) To evaluate a possible community garden rental plot program for the future, 2010+, to be developed within Shorewood or in partnership with the cities of Excelsior and/or Tonka Bay; dependent upon appropriate land availability, community interest, and funding. HOSTED BY: Community Garden Board of Representatives (a core board of members who will establish bylaws for the perpetuation of the project, maintenance, and member tenure/duties) to be reviewed and approved by the city. Founding Initial Board made up of `Gardening Team' members: Patricia Hauser: 952-470-0132 phauser@mchsi.com Sandy Ahlstrom: 952-474-6483 sandyahlstrom@earthlink.net Nancy Mulhern: 952-401-7550 nsmulhern@hotmail.com Additional regular (cyclical) assistance from troop leaders, area Master Gardeners, parents, interested parties City Contacts, T ila Grout - Park Secretary 952-960-7902 tgrout@ci.shorewood.mn.us Park Coordinator isti Anderson 612-743-4124 commrecresources@,mchsi.com FUNDING: Donations in kind to be secured by the Garden Team from merchants in the community, request for funds from the Shorewood Park Commission and Park Foundation. At its March 10, 2008 Meeting, the Park Commission moved to direct staff to determine costs and a location for the Community Garden and present those findings to the City Council for their endorsement that the project be carried forward under the Park Commission's umbrella of summer programming at a participation cost not to exceed $250. CITY PARTICIPATION: Will be limited to bed preparation. Public Works staff will excavate the bed and remove the topsoil, rototil, and replace it with composted topsoil/manure/mulch to be provided by the gardening team. - Public Works (PW) staff will place 4 Rain barrels at the garden plot - 2 on the north east corner and 2 at the south east corner - While `mother nature' will provide the rain water for the barrels, PW will fill barrels when dry conditions persist - PW will assist with the installation of `fencing' (provided by the Community Garden Board) around the garden (Fencing must be approved by City/Park staff) - The City will provide a park sign, similar to the current brown park signs, which identifies the site as the `Demonstration Garden, City of Shorewood' - The City commits to a one year term trial demonstration garden and work with the Gardening Team to locate an alternate site for `leasable plots' next year - The City will provide notification to one `point of contact' within the board if any unkempt or rundown conditions are noticed that threaten the success/failure of the project. COMMUNITY/GARDEN TEAM PARTICIPATION: The Garden Team will prepare soils, plant/seed materials, maintain gardens - keep weeds to a minimum, maintain surrounding areas, keep tools picked up, contain and tend to `garden waste' and compost pile (garden team to provide a container for compost), trash/litter will be disposed of in trash receptacles Plan for an End of Season Fall `clean-up', putting garden to `bed'/winterizing All soil/mulch/manure and supplies must be secured by the gardening team through donation or purchase and will not be provided by the city. The Commission, Council, Staff, and Public Works firmly state that if the garden begins looking `run down' (unkempt, excessive weeds, tools left out, dead/dried up plants) and unkempt they will notify the `point of contact' on the Board - the board will be given one week notice to clean it up - if upon the second notification the conditions are not addressed within one week, the Park Commission will consider the removal of the garden. The City is not responsible for lost/stolen items, gardeners are responsible for the perpetuation of the site, as well as, those working the site. Gardeners will be expected to supervise their children/volunteers on site. Nor is the City responsible for impacts from `mother nature', damage from hail storms and inclement weather, or from pests and deer. THE GARDEN BOARD/GARDENERS/GARDEN TEAM AGREES TO HOLD HARMLESS THE CITY OF SHOREWOOD INCLUDING STAFF AND PUBLIC WORKS, ITS COMMISSIONS, AND CITY COUNCIL FOR ANY LIABILITY, DAMAGE, INJURY, VANDALISM, LOSS OR CLAIM THAT OCCURS IN CONNECTION WITH USE OF THE COMMUNITY GARDEN LOCATED AT THE SOUTH SHORE COMMUNITY PARK. Garden Board Representative City of Shorewood Date Date SUGGESTIONS FORT GARDEN TEA : We suggest the Garden Team contact the Planning Department as soon as possible, providing them with a fencing plan and apply for a Building Permit to allow a fence on City property. The Park Commission has asked the City Council to waive the permit fees. (See Zoning Regulations, fence not to exceed 6' etc.) IN GENERAL : The Park Commission suggests the Team form a partnership with seniors, near the South Shore Community Park (Skate Park) in particular, but also reach out within the South Lake Area to gain volunteer support and offer a senior component of the Gardening Experience Form a core group of citizen "assistants" for the Team who can provide the ongoing supervision of the Gardeners, assemble a team of volunteers and create a calendar of maintenance for regular daily care and security that the garden will require. Provide hours during which Demonstrations and Master Gardeners will be on-site for instruction - which the City will publish on the City Website and within the Newsletter. Cost out everything that you need. Much of your equipment can be donated by individuals We can all help propose merchants with whom to partner (Cub, True Value, the Garden Center, Linder's, etc) for the rest of it. Prepare a written request to be mailed out and plan to do personal follow up (phone or in person). We assume that your greatest expense will be the soil supplementation. The second expense will be the temporary enclosure. You should have no problem getting anything else. SCHEDULE: It would be the Commission and Staff suggestion that you prepare a detailed work calendar starting with your meetings, working through when you would like the city to do the excavation and have the new manure/soil delivered; when you would obtain your equipment, seeds and starter plants; the introductory meetings (need to have a location), your planting schedule and a daily work cal., ° throughout the growing season so your supervisory tea and volunteers can sign up for tllcir work schedule and know when the first meetings take place. CALENDAR - DEMONSTRATION GARDEN ESTIMATED TIMELINE : END OF APRIL: Park Commission reviews Guidelines - asks for City Council endorsement of Motion to participate with the Garden Demonstration project BY MID-MAY: Garden Team provides Planning Dept with fencing plan, obtains permit, - City Council endorses Shorewood participation and funding up to $250, waiving permit fee MID - MAY: City removes soil from garden plot, rototills plot Public Works trucks in manure/soil provided by Garden Group *Garden staff presents Fencing plan to Park Commission Representatives at/prior to May 12th Meeting Garden staff amends soil, fences plot (with Public Works assistance), installs compost bin Public Works places rain barrels 3rd WEEK OF MAY: - SHOREWOOD DEMONSTRATION GARDEN IN FULL SWING - Gardeners plant seed, begin their demonstration lessons -'PLANTING THE DEMONSTRATION GARDEN' Based on scheduled lesson plans - Garden Club continues with lessons - Ho to Choose Plants/Seedlings for your Garden - Tips on Planting Seedlings, Correct watering, and Cool Weather Crops ® ETC. JUNE, JULY, AUGUST: Based on Garden Team schedule - Mondays 6-8pm and Wed & Fri. 9-1 lam Master Gardeners on site to answer questions and tend community garden demonstration site. Host a Garden Tour for the Community - invite the public to view the demonstration site up close and personal! SEPTEMBER: GARDEN TEAM HARVEST POTLUCK COLLECT AND SHARE EVALUATION DATA FOR DEMONSTRATION GARDEN YEAR ONE WITH CITY Winterize the Demonstration Garden, fall clean-up..... * * * ALL WORK WEATHER PERMITTING * * * CITY -L _ V t. 5755 COUNTRY CLUB ROAD - SHOREWOOD, MINNESOTA 55331 £3927 a (952) 474 3236 FAX (952) 474-0128 n www.ci.shorewood.r-mus s cityhall@ci.shorewooci.mn.us MEMORANDUM TO: Planning Commission, Mayor and City Council FROM: Brad Nielsen DATE: 26 February 2009 RE: South Tonka Little League - Request for Zoning Code Amendments to Allow Advertising Signs on Ball Field Fences F1 LE NO. 405(09.01) 13ACKGROUND Representatives of the South Tonka Little League (STLL) have requested amendments to the Shorewood Zoning Code that would allow them to display commercial advertising signs on the ball :field fences of the two fields used by Little League in Freeman Park (see Site Location map - Exhibit A, attached). The fields in question are shown oil Exhibit B (Freeman Park Site Plan). The applicant's request is explained in Exhibit C. As indicated, they propose to display as many as 15 signs on each of the two fields they use. The signs would be heavy-duty bamiers, measuring approximately 3.5' high and 7' wide, The applicant did not have actual photos of what is being proposed, but has prepared mock-up illustrations to provide a sense of how the signs might appear (see Exhibit C-2). The sign space would be sold to Little League sponsors and the revenue would go to STLL for "scholarships" (for families that need assistance with the fees) and field maintenance. This request initially appeared before the Park Commission as an informal inquiry in December of 2008. Exhibit D contains the material the Commission reviewed as part of that inquiry. At its 9 December 2008 meeting, the Commission voted unanimously against changing the current codes (see Exhibit E). In late January the applicant decided to submit a formal application for the code amendments. The matter was referred back to the Park Commission with some additional STLL budget information (Exhibit F) at their PRINTED ON RECYCLED PAPER 1P. 01 t,BA. Memorandum RE: SILL Rec€uest for Zoning Code Text Amendments 26 Febmarv 2009 10 February 2009 meeting. Again, they voted unanimously to recommend against changing the current code. They were not, however, unsympathetic to STLL's budget issues. As part of their motion (see Exhibit G), the Commission agreed to look at how much field maintenance is done by the City versus the League. There appeared to be consensus that the City might be able to increase its level of maintenance, freeing up STLL money for scholarships. ANALYSIS/R-E COMMENDATION A. Code Amendments Required. Shorewood's regulations pertaining to signs are found in Section 1201.03 Subd. 11. of the City Code (a copy of which appears as Attaclunent E of Exhibit D). There are also definitions relative to signs in Section 1201.02 of the Code. Not including definitions, following are the provisions of Subd. 11. that would have to be amended: b. (2 d prohibits banners except for temporary (10 days at a time) business signs. ® b.(2)(fl prohibits signs on trees, fences or utility poles. O c.(3) restricts signs on public property to goveriunental signs. • c..d limits banners to temporary business signs (maximum 10 days). d. 1 c lists billboards and advertising signs as nonconforming signs. This is perhaps the most significant revision that would have to occur. The City has had a long history of phasing out billboards. In essence, the proposed signs differ little from billboards, that is, off-site advertising signs. Over the years the City has managed, through its development regulations, to eradicate five of seven billboards that existed over the past 30 years. Thousands of dollars were spent in getting the billboard on County Road 19, at the LRT Trail, removed. In this light it was extremely important to obtain a legal opinion from the City Attorney, stating that the amendments necessary to allow signs in the signs in the parks will in no way jeopardize the City's approach to prohibiting billboards. The Attorney's comments are discussed further on in this report. e. 1 lists signs allowed in residential zoning districts. Advertising signs are not allowed in residential districts. Freeman Park is zoned single-family residential. B. Planning/Legal Issues. Staff requested that the City Attorney address several concerns relative to the proposed code amendments. These are found in Exhibit -2- Meniorandunj RE: STLL Request for Zoning Code Text Amendments M Februarv 2009 H, attached. The City Attorney has responded under separate cover (see Memorandum from Kennedy & Graven, dated 23 February 2009). The Attorney's comments no doubt will generate considerable discussion relative to this request. As a result, staff will be seeking direction from the Planning Commission as to how to proceed with the application. It should be noted that STLL requested its membership show their support for the application. Numerous e-mails were received and have been consolidated under separate cover. Cc: Brian Heck Mary Tietjen I risti Anderson Jeremy Norman Kyle Heitkamp -3- FREENLAN PARK 11- C " F, -3 ~ C) Ball f-feld IOICLIHMS +5 s P and they at I ' ,',,t C` IN ~ccaayt~sa^?~ a~r~ - R4,sgt€: Kuzma, Frank [FKIJZMA SMtJRFIT.COMI Seat: Thursday, January 22, 2009 1:16 PM To: Kyle Heitkamp Cc: chrislizee@mchsi.com abject: FW: Advertising FYI From, Nelson, Dave [maiito:DAVID.NELSON a minnetonka.kl2.mn.us] Sent. Thursday, January 22, 2009 1:10 PM To: Kuzma, Frank Subject., Advertising Frank The Tonka Football Association (TFA) has no plans to advertise at Badger Field or at any park in Shorewood. Sincerely, Dave Nelson Head Football Coach Minnetonka High School 1 4A F -en'. To: Cc: Subject: FYI - Football to follow. Kuzma, Frank [FKUZMA@SMURFIT.COM] Thursday, January 22, 2009 1:06 PM Kyle Heitkamg chrislizee@mchsi.com FW: Signs at Shorewood's Outdoor Rinks From. Morgansharonm@aol.com [mailto:Morgansharonm@aol.com] Seat: Wednesday, January 21, 2009 6:10 PM To: Kuzma, Frank Subject: Signs at Shorewood's Outdoor Rinks Frank, Minnetonka Youth Hockey Association has no desire to advertise or hang signs at any of Shorewood's outdoor rinks. Please let me know if you have any further questions. Thanks Sharon Morgan MYHA President A Good Credit Score is 700 or Above. See yours in just 2 easv steps! 5755 Country Club Road Shorewood, Minnesota 55331 e 952-474-.3236 Fax: 952-474-0128 ®,vww.ci.shore ood.mn.us e cityhall~ci shorewood.mn.us L To: Park Commission From: James Landim - City Engineer Date: December 5, 2008 Re: Agenda Item 5 - Review Sign Ordinance At the last park meeting Mr. Frarnk Kuzma from South Tonka Little League met with the Park Coni nission 11 regarding sponsorships and advertising on one of the ball fields at Freeman Park. The Park Commission asked if they could see a copy of South Tonka Little Leagues budget, attached is a copy for your review (attachment A). The Park Conunission asked staff to research other cities ordinances and report back the findings. Staff asked the following cities if they allowed signage / advertising on their baseball field fences. Cite of Plymouth - Their city's sign ordinance prohibits signs attached to fences, including field fenr..es. City of Woodbury - They currently do not allow advertising on their fences. City of Edina - They allow sponsor panels and other farms of advertising on scoreboards at their parks. The sponsor panels and other advertising on the scoreboards need to be integral to the scoreboard and constructed of the same materials as the scoreboard, City of St, Bonifacius - Their ordinance does not allow them, however their Council decided to allow thern and they are reviewed at the time of the field use application. City of Victoria - They currently allow signage on their baseball fields, but do not have any documentation. City of Chanhassen - They developed a sign agreement in 2005 (attachment B) with a local athletic association to allow advertising on their outfield fences at selected park locations. This agreement was never finalized. City of Maple Grove The city has written guidelines for advertising /sponsorships (attachment C). The sponsor has to submit a written proposal to the board and if acceptable the city will draft an agreement and submit to the board for their approval. The areas that are considered for advertising / sponsorship are the outfield fences, hockey boards and scoreboards: City of Minnetonka - Attached is the city's ordinance on scoreboards and outdoor advertising for your review (attachment D). Also attached is a copy of the City's sign ordinance (attachment E). A memo will be forthcoming from Planning Director, Brad Nielsen outlining the city's ordinance. After review and discussion please advise how the Park Commission would like staff to proceed. Exhibit D PARR COMM. PACKET Dated 5 December- 2008 CY10,11118 ih n"U.Cg ; 9!30/2009 Usii g Budige_ eS i 0/1 /2008 9i30/2009 Category De criptirjn Factual budget Difference INCOME . . Bate Ruth Income 1,775.76 1,800.00 Concession Stand - Revenue 744.94 18,000.00 East Tonka Little League 0.00 500.00 Fall Ball Registration 110.00 24,000.00 Foundations & Fundraising 0.00 5,000.00 Interest Inc 0.00 150.00 Miller Nigftt Collections 0.00 500.00 Other Inc 0.00 0.00 11.00 Sponsorships 100.00 20,000.00 - Spring Registration 0.00 72,000.00 if?`a/L C1£CC7ME 2,730.70 I 141,954.00 _ EXPENSES Accounting & Legal 0.00 1,000.00 1,000.00 Bad Dent - Bad Checks 0.00 100.00 100.00 Bank Charge 25.10 250.00 224.90 Building Insurance 0.00 750.00 750.00 Clinics - Speakers 0.00 4,000.00 4,000.00 Computer Support 59.24 200.00 140.76 Concession Stand Maintenance 0.00 3,000.00 3,000.00 Concession Stand Supplies 189.47 10,000.00 9,810.53 Equipment 0.00 6,000.00 6,000.00 Fall Bali Umpires 2,975.00 3,000.00 25.00 Fall Ball Uniforms 46.50 4,000.00 .3,953.50 Field Improvements 0.00 10,000.00 10,000.00 Field Maintainance 815.07 7,500.00 6,684.93 Grounds Cretin 1,900.17 6,000.00 4,099,83 Little League Fees & Insurance 150.00 3,500,00 3,350.00 Miller Night Expenses 0.00 500.00 500.00 Miscellaneous - Supplies 43.61 500.00 456.39 [Otka Baseball - Diarnond Club 0.00 7,500.00 7,500.00 Online Registration Costs 75.90 4,000.00 3,924.10 PR & Web Site 0.00 1,000.00 1,000.00 Recognition Event 1,650.84 10,000.00 8,349,18 Refunds 0.00 1,000.00 1,000.00 Registration Costs 107.00 1,000,00 89100 Rent (Meeting Rooms, etc.) 0.00 400.00 400.00 Scholarships .0.00 250.00 250.00 Shorewood Fees 0.00 7,000.00 7,000.00 Sponsor Signage 0.00 4,000.00 4,000.00 Spring Trophies 0.00 2,500,00 2,500.00 Spring Umpires 0.00 10,000.00 10,000.00 Spring Uniforms 0.00 25,000.00 25,000.00 Tonka Dome Commitment 3,000.00 3,000.00 0.00 Tonka Dome Rental Fees 0.00 10,000.00 '10,000.00 Tournaments 0.00 3,000,00 3,000.00 Utilities 0.00 1,000.00 1,000.00 `~t;~`i`x' L ~:XRE~SES 11,037.s0 154 950.40 139 912.10 OS/ER TILL i O fZ. 692.80 t ama 1 200t5 PROPS " L A.G EEMENT BETWEEN THE CITE' OF C ANHASSE N AND THE CHANHASSEN ATHLETIC ASSOCIATION GOVERNING THE PROVISION OF DEDICATED ADVERTISING SICNAGE AND SCOREBOARD SIGNACE I_ Field and scoreboard signage shall be placed on the outfield and/or foul fences of ball fields #l, 442, and #3 at Lake Ann Park and ball field 91 Bandimere Park by CAA. 2. For each advertisement sign, the City shall receive a $200 payment for the first year, and $200 in payment every subsequent year. Additionally, the City will receive $400 in payment for each sign on a scoreboard and $400 in payment every subsequent year. 3. Signs shall be of uniform size and color scheme. 4. Only commercial signage; excluding alcohol, tobacco and sexually-oriented businesses; is allowed. S. Signs shall be allowed to be in place from April through October. 6. Sponsorship, promotion, and management of the program shall be the sole responsibility of the.CAA. 7. The signs shall be maintained during the season and stored during the off-season by the CAA. 8. Any damage to the park property caused by the sign program shall be paid for by the CAA. 9. Payments shall be made to the City Oil July 1 and November 1 of each year. 10. This agreement expires on December 31, 2008 and is renewable upon consent by each party. 11. If this agreement is not renewed, the Chanhassen Athletic Association will no longer be held responsible for subsequent payments to the City. 12. All money collected shall be appropriated for capital improvements to City ball fields including construction of scoreboards, dugouts, and additional lighting standards. Improveme tits will only be initiated when sufficient funds have been collected and with input fi-om the CAA. CHANHASSEN ATHLETIC ASSOCIATION CITY OF CHANHASSEN By President By Administrator Date By By Todd Gerhardt, City Manager Date Tom Furlong, Mayor MARKETING/ADVERTISING SPONSORSHIP GUIDELINE General Overview The Board recognizes that the users of the parks, recreation programs and the Community Center are the same persons many businesses would like to target as their advertising audience. The Board, on a limited basis, will consider revenue resources beyond the general fund and participation fees, providing it does not compromise the recreational experience of the visitor. The Board will consider marketing/advertising sponsorship opportunities if the product /service being marketed is compatible with the Board's mission. Tobacco or alcohol products and establishments whose primary product sold is tobacco or alcohol will not be considered for sponsorships. Special mote: Restaurants selling food and alcohol are eligible for marketing sponsorships The Board will consider marketing/advertising sponsorships for the enhancement or operation of the City's recreation programs and facilities. Associations and organizations will be permitted to use City property with marketing/advertising sponsors only on an event or single tournament basis. (See Temporary Sponsorship Guideline). Each marketing sponsorship will follow these guidelines, but will have unique characteristics and revenue opportunities; therefore each agreement that is entered into will need to be approved by the Board. This guideline is written for on-going and existing facilities. Should a capital campaign program become established, it should have its own fundraising plans. This guideline may be expanded to consider additional display areas should the current revenue resources become limited. `inglAdvertising Sponsorship Guidelines Page 2 Definitions Marketing/Advertising Sponsorship - Cash, products and services offered by sponsors with the clear expectation that an obligation is created. Typically the obligation would be for the right to display their logo and/or marketing materials for an extended length of time. Temporary Sponsorships - Cash, products and services offered by businesses for a special event in partnership with the Board or offered to another organization using City property for an event. With this sponsorship, there is a clear expectation that their logo will be on promotional material and visible at th, ; event for a limited time. Special note: There is a different guideline written to address temporary sponsorships. Gifts and Donations - Gifts are unrestricted cash to be used as the Park Board wishes. Donations are restricted cash, product or in-kind services to be used in a specific way. Special note: There is a different guideline written to address gifts and donations. ® Grant - Non-proprietary financial support for a specific project. Grants are awarded based on competitive applications. Grants usually require specific criteria and may involve external audits and detailed financial reports. Special note: There will be a different guideline written to address grant applications. Implementation of (Marketing/Advertising Sponsorships Should a potential sponsor or marketing agency seek a relationship with the Parks and Recreation Board, they will be asked to submit a written proposal outlining the considerations listed herein. 0 Staff will draft an agreement with input from the City Attorney. 9 Staff will submit the agreement to the Board for formal approval. MarketinglAdvertising Sponsorship Guidelines Page 3 Considerations for Marketing/Advertising Sponsorship 1. Is the product/service being marketed compatible with the Board's mission? 2. Is tobacco or alcohol the primary product sold by the potential sponsors? 3. Does the size of the display seem appropriate for the intended space? 4. Are the materials for the display of quality material, sturdy, unobtrusive and compatible with the surroundings? 5. Who will repair and maintain the display? 6. What is the length of the partnership agreement and how can it be terminated early? 7. Will this agreement be for exclusive rights and not allow other like businesses to have displays? 8. What is the commission fee or anticipated revenue for the Board? 9. Who will monitor/manage/enforce the partnership agreement to assure all expectations are being rnet? 10. Does the display comply with the City Signage Code (Chapter 24)? 11. Besides a display, what other avenues will this sponsor be able to use to promote their business? For examples flyers, TV monitors. Note: The display is the presentation of the sponsor's logo, ad text, or picture of product specifically designed to fit within the area identified. Should the sponsor be interested in an exhibit such as a booth to pass out sample product or promotional material, the specific area and timeframe should be addressed in the agreern.. ni. it is recommended to follow the temporary sponsorship guidelines for this option. Areas of the Community Center that will be considered for Sponsorships- 1. Ice Arena dasherboards 2. Zamboni 3. Ice Arena - general wall and surface space 4. Ice Arena scoreboard 5. Exclusive private product agreements - such as the current Coke agreement. 6. Existing TV monitors at the front desk and in the Maze Lobby area. Areas of the park and trail system that will be considered for Sponsorships- 1. Outfield fences of ballfields 2. Hockey boards of outdoor rinks 3. Scoreboards at athletic facilities ORDINANCE NO, 2006-16 AN ORDINANCE AMENDING CITY CODE SECTION 300.30 REGARDING SCOREBOARDS AND OUTDOOR ADVERTISING T I-iE -17Y OF MINNETONKA OPD -,lNS: Section 1. City Code Section 300.30, Subdivision 2(22) is amended as follows: 22. "Outdoor advertising sign" - any sign whieh that is located outdoors and whieh that advertises a product, business, service, event, or any other matter w that is not available,, or does not take place, on the same premises as the sign. An outdoor advertising sign does not include a sign that is not understandable or readable_bv tl_l naked eye of an ordinary person with 20/20 vision from property other than where the sign is located, such as from adjacent property or a public street. Section 2. Section 300.30, Subdivision 2 (31) is repealed: . " pGr~snr h'na-Rei ~~hir~h/n_...oul r.~ary i~n n--Wre- nf. d tnrn r n , 4Vi" 40 -a, Pe4 I b-U- iRe- cG r-CLge-R G- e-a,&t~y finaRGiaIly, er Gth-er 4&e-j 0nniirring at the displa s - Section 3. Section 300.30, Subdivision 2, is amended by the addition of a new paragraph that reads as follows and that is inserted alphabetically, with subsequent paragraphs renumbered consecutively: "Scoreboard" - a sign associated with an athletic field that includes information and/or statistics pertinent to an on-site game or activity and also includes any sponsor or identification panels. The sty *&R language is deleted; the single-underlined language is inserted. ~1 ORDINANCE NO. 2006-16 Pa e 2 Section 4. City Code Section 300.30, Subdivision 3 (a)(4)(b)(2) is amended as follows: 2. scoreboards: a)---one scoreboard per playing field is allowed if it does not exceed 410 square feet in size except that a playing _.field with structured seating ca acit for greater than 2000 people may have one or more scoreboards and the total area of the scoreboard or scoreboards cannot exceed 1000 square feet in size; and w+ fseftaia frefds~ s~~arc f°c± #~~=1~aif~saese~fon r cgu~a# 9-sc{~at -ia~{Ar H r, r. r, h„ I t f~ n I ~-t v ~_o-Ft~-sL~ (rare-f u eT ~Ia pe ire a tetaf of-l~sg~ra =feed pe youth arm ~----s-pc~r~ser-pa~efs-s~-+all-be-a#+xed-te-thy-E3ette~-ed~e~~ie~rd~-on l~ Section 5. City Code Section 300.30, Subdivision 3 (a)(4)(b)(3) is amended as follows: 3. athletic field fence panels: a) athletic field fence panels which contain outdoor advertising signs as defined in this ordinance are prohibited; and b) an advertising fence panel which directly faces the infield and was legally established prior to the effective date of this ordinance is considered a legal nonconforming use which may not be altered, enlarged or replaced by another nonconforming sign except the message may be changed. Section 6. A violation of this ordinance is subject to the penalties and provisions of Chapter XI II of the city code. The language is deleted; the single-underlined language is inserted. ORDINANCE NO. 2006-16 Page .3 Section 7. This ordinance is effective immediately. Adopted by the city council of the City of Minnetonka, Minnesota, on September 11, 2006. Janis A. Callison, Mayor ATTEST: Laura L. Ronbeck, Acting City Clerk ACTION ON THIS ORDINANCE: Date of introduction: January 3, 2005 Date of adoption: September 11, 2006 Motion for adoption: Schneider Seconded by: Allendorf Voted in favor of: Allendorf, Callison, Ellingson, Schneider, Thomas, Wiersum Voted against: Abstained: Absent: Wagner Ordinance adopted. Date of publication: The st+}eken language is deleted; the sin Iq e-~~nderlined language is inserted. ORDINANCE NO. 2006-16 Pace 4 I certify that the foregoing is a correct copy of an ordinance adopted by the city council of the City of Minnetonka, Minnesota at a regular meeting held on September 11, 2006. t_aura L. Ronbeck, Acting City Clerk Date: The str+eke~ language is deleted; the-single-underlined language is inserted. 2, 0 . F' 7' o «'1j M11 g Re-g- ai'laar, S 0 appln~a nt appeal .e r ? :rre Beard o:; A ssuancc' and Ad! u5 r'?7)tm U °t ude-, h'Ay ul:.s and d ce 7 es as dS - u . . $ l ~s chapter. C~. Requ ir/'menss fior conddt'F'On l use, AH trarnsrT ss°,di s pipeline O.P T;nP-i' s no,% requ fired for locai distfibuting ne$wwk) an overhe cl sYansmasmorn an S-ubs'%ano-3i tines ina excess o 33 KV shall be a yonditkumal use in F19 this dc~zs subject to slu° following procedurai requ;rerraents: Subd- 11, Signs rGOr to the ➢rastallation of any of the pre'v'mous esSePtact Sc!'✓P y of the services shall hale with the Zoning ✓ dministra ton , zfll Ti naps mind oidiLe, pertinent information as deemed necessary for the City Counc81 to rev?f-'vj the proposed project; (2) The "Zoning f dministratol shall trier i" i,, tla,e mzp and ~orali~a, Ja. information to the City CoundU for its review Tegardin'g the p GjP-c''s relationship to the Corrnprehensive plan and parts thereof. A p;mt of teas review shall be a written report ffro the City Eqgineer ; The City Council shall hold the necessa r'y public heanm s as prescr6iu'ysi by this chapter for conditional uses, (4) M considerflng the applications for the placenien't of essenfiaa,, semices, as regulated by this subdivision, the City Council shall consider the adv'lce and recomrnendations of the city staff and the effect of thy proposeC project upon the health, safety and general welfare of the 61y, existiaag and araticapu,.ed and the effect of the proposed project upon the Com pryflayn,save plan. a. ppmrpose. This subdivision 6s established to protect a,nd proanot~ Maid stet, , general welfare and order vwithin the C hy o? Shorewood 3l^nrouagh thn estabfta~i of a cornpu ehensive and mpalr'the fl set of standarf ds, rer Watio::as and governing the type, numbers, size, structure, location, height, lighting, erection, use and/or display of devices, signs or symbols serving as a visual rnedia to personas situated within or upon public filth s-ol way or properl~a ;Cry; c a; r1 to en do'sq- ,f`TM~'1or t v ,o f ry C P, provisions or t-hii 6 u~1il'v nsaunS aaain`t nn r a rre~, orderly communication by reducing confusion and hazards resulting unnecessary amid/or indiscrirrainate use of communication facil-Aties. b. ~aerrd hued and prohibited signs, Permflted sagas. The followim'i signs are allowed'Wit'oaat a permit, shall comply with all other applicaW- provisions of this clap€es : 1201-6 day Puol.rc signs; (b Address signs; yc`p lntegTal sagas; (d) Every camrpaign sign must contain the n an e and address of pr °rso1, s responsible for the sign, and that person shall be Tesponsible ffo ;s removal. Signs shall be peTmhted on each 'M for a pe,-iod of 100 days prior to and ten days after an cflcctnon. The cky shall' ha,"/e I ht' Tight to remove and destroy unsightly signs or remove signs ate:: the ten day ihnat and assess a fee as provided from tixne to to-me by ordinance. Campaign signs shall not be located closer than tfn fee", ffrom any street surface and shall not be- placed an ffron; of any property without the consent of time property oavvnner; (e) Holiday signs, displayed for a period not to eXcped :30 days anti larger than 32 square feet in area; ;nay ConstTuction, signs. The signs shall be confined to t?ae s t4 of t`. construction, alteration or repair and shall be removed within tvvc years of the date of issuance of the first building pyTmia or vdh,~D' the particular project is completed, °vvhichever as sooTt-ie.~ its determined by the City Building Official or his or hey :agar sign shall be permitted for each major street the project abuts. 11C sign may exceed 50 square Peet; dry Deal estate sale or rental signs. Signs m ust be TeInoveld within 14, days atfftevx sale or rental of property. Signs may not measun nmrorc Haan six square feet in Residential Districts, nor more Chan 20 r square feet in all other distracts. There shall be only on-- sign p-7 premises, Corner pTopertnes, howeveir, may contain two signs, one per frontage, Lakeshore lots may contain two signs, one rr a lzhy font and one facing the lake; {lay ingognnataonal/darectuonnal sigras shall not be larger than thwtic squaTc feet and shall conform to the location provisions of the specific distract; ay owneT-occupant signs. One residential name, sign, not to exceed two square feet in area, identifying only the name o, nay:; ovvra:.r oy occupant of a residential building. (2) Prohibited signs. The following signs are specifically pmhillbated by th;;s chapter: 1201-62 zo it f_g U.:i Any s?gn whFo11, ol7si3ucts ?'vie visfoun of drivers o? i!pedes,,', detracts from the 'v'isibility of any offyeia" tra'`f c-yo-n-im .V? .t (b) Any sign ~vhich contains or rinitates an official tr2ftic s'ig'!!. C.: signal, except foci- private, on-preln'_Ses diyectronai S?giP.S;. (c) Any sign which moves, rotates, has any moving parts or gives the illusion of Tnotion, except er t-me and temperature inv orr1-ia"tior . Moving ovirrg message oyppe si ans na y be perry-ratted as an c~°~ o vJ;:xe shear messages consist prirnarauy of uev/s, public ar fl?i.L CL~ei:'t8 and the like of a nor?advert-Isa-ng nature; (d) Except for holiday signs and exceptions prflvided i-T, fro vis o?~ (4 Belo any Sip W-Mich CorAaMs far cons'is'ts of ba][uaea'S, _ e-Iia'.cil; ;S, ribbons, Streaet-s, sr l 'r?i ~gS of ~ . light ~LlJS, S;a_L.~i , - ,re:S or r SI-uQ ;~9s bulbs, (e) Portable signs (except as provided hi provision c.(L',) below); ("f) Signs which are attached in any Tnan-ner to ,trees, erccs ! iil7 y poles or other permanent supports, (g) No sign shall be illuminated with any -flashing or i _terrl;;ittvny lights, nor shall it be animated, except for time aid information, All displays shall be shielded to prevent a iy im r be directed at on-coming traffic in the brilliance as t', t?e vision of any driver. No device shall be ilbaminated in I,. ;r!MI-r as to interfere with or obscure are official traffic sign or signal. No light shall be directed onto a lake so as to inteyfue. Lt" ravigat+oL, thereon?; (31) hoof Sighs. (u) Window signs where the total area of such sigilS e);-retail; the totat glass area of the vvindov/ space as vile-wed, fro:! to a maximum of 20 square feet. C, General Provisions. (1 } All signs shall co-rely with the N innesota ;Mate Building Code as i--nay be, amended. (2)MI.etl electrical SIg315 are 1T1Sia1lLC3, the +'r1Stallaiifln shall be Si_iJjeC'i i0 _h° Slate Building Code as may be amended. 1201-63 2007 S-? i 2 v .01 _,_'•~r~~;,r,1~vt:.1 Z!i1LL111~ ?r!.' Plo portion of any sign si all ue aocate~' 'xitS3lr' live --Fee"'I of an-, Mlle. No slc ss other than goverv=ental signs and polit"eal Cas_'?iF-E Sl' +_'S as urovicecl in b.(i)(d) of this subdivision shall be erected, or teal-E, placed within any street rigazt-of-way Or upon public lands or easernellts or rights-Of-way. Any unauthorsZeCd signs located iii public ri-ht-of--\-,1-c,)y or on public property shall be considered abandoned and are s?ib ect to iImmediate removal and disposal without notice. (L,) _ 8'as'y u ° 05 Signs searchlights, a- eel e an` and si ill l..e tei-__~o- J d 0S~ s, iJ Z a _S sl? sa, devices sliall require a permit. he p Pin3r=_ sinait be valid }o teis_ consecutive days. The permit shall be ?prorinin -Alt%y displayed dl inJ I';lie ' period of validity. Only two temporary perinits -may be granted for any property within any 12-rnonth period. Temporary signs shall not e :teed 32 sclii.aie feet in area. Any new business that has applied ffor As -,permanent business sigh inay, at the same throe, apply for a teLi po, lacy business srgn to be displayed for no longer thain 30 days, or until the er i.~OrB.ry permanent sign has been erected, whichever conies first. The business sign shall be professionally prepared and shall be no larger filial, the approved peramanent sign. (5) No sign or sign structure shall plowide over a public right-of-v/ay, (6) All signs which require a permit shall display, h7 a conspicuous n;ag..,ie'r, the owner's name, permit number and date the sign was erected. (7) Azl height r'estric'tions on signs shall incl-ide height of sign strucb.are an-dl be measured from lot grade. (o) In the case of a two-faced, 'Freestanding sign, where Vile two faces o" th- sign are parallel and face in opposite directions, only one face sham. be used in computing the allowable area of the sign. Any sign now or hereafter existing which no longer advertises of, identifies a business conducted, service rendered or Froduct sold on the rc i ,se s shall be removed by the owner, agent or person Having the bPne--`5c U. usc v f0%1-f's,h, t or control 09 the building or structure upOn which the 5i jn may be P Within 64 days from the crate of vacancy. 0 } The regulations contained herein shall not apply to traffic sigriS ofl''da, .lad;, separate ern'olenl, or insipla of a nation, political unit, schod or reiiglio-Us group, or integral signs. There small be no more than one United States flag and no ore than three other non-corrnriercial nags. Nor shall tl~iese regulations pertain to a sign inside a. building, provided the sign is at least three feet in back of the inside of the exterior wall and is readable from tl_e inside of the building. 1201-64 20'6 S-? v ZL i e-lL' W'' J - (I I) A-11 signs requiring a permit --Coca! the city sl`?al_1 be suble.Ct to review ai c approval by the Zoning Ad ?'Mtistraf_or. AloncoPZfol7 !r?° Signs, (1) The following are nonconr10rri,111g Signs: (a) Prohibited signs; (i,. noF ~ ,ro_~ Eioled tllat _ do not co-1.1-form !P e \(i All other signs n<_ .{o t_ p_tos o-on'.s o"'this chapter; (c) Billboards avid advertising signs (except as provided in prJVision . c. (3)(b) or this subdivision) (2) Excep as provided in p ragrapb (5) below,,,, all nonzcon o l,in ai rirobibited signs created by this chap -ter except those signs exer,pred by state statutes (M S. § 462.357, subd. 1c) shall be rernoved or brougl t il:n ; conformity with this chapter within the following time periods:. (a) Any sign in violation of prohibited sig Lns: six months Isom flhc Katy of the enactment of this chapter; (b) All other nonconforming signs: upon approval. of a-. j% ! t, petr nit, sign permit, or other zoning action, (3) A nonconforming sagas 7day not be: (a) Changed to another nonconforming sign.; (b) Structurally altered e;cocoM to bring into compliance v'llfl'n provisions of this chapter-, (c) Expanded; r.. (d) Reestablished aver its rem oval, y Rccstabl; shed aft-r~amagc of mo.. 1-han 50% ".r sit`i cost except to bring into compliance. (4) Nothing in this subdivision small be construed as relieving the ovm.c.,r or riser o1 ca. legal nonconforming sign or owner of the property on which tae legal rioncoriforrning si-n is located from the provisions o! this swbdivisioTs regarding safety, maintenance and repair of signs contained in stibdivisiol 1201_-65 2006 S--1 `~O 03 LT~a a' L" 8illbd1v!Mc7 n 1-e ~O~:. ~~,~~:;!`U <:~✓i.'J 11c; provided, _"3oweve , fiat any repainting, cleani o and 061'ev rm,--im.ai maliztenai?ce or re-pair OS the l' not z d?i j file Sbdra or sign str>_cttTe shat o_..cSigis structure or copy In any Way whic)"I _nakes ii nrlore no._comfovri.-ing Gr the si.gil shall lose its legal n oncmi_10 Ming statl?s. (5) Notwithstanding provisio s to tl~e contrary within this subC''j.iVis!o1D' cr ilOncCi?tCrriiir?g 01.! Site d11'eeilorl_al signs ilOCal`ed on pu" iC inay conainue upon a finding by the City Council that. (a) The sign, is reasonably necessary to pl-ovide direcdG-D to t" busi ,ess which is advertised by the sign:; (b) The sign (or a substantially sifn,,ilar } r edecessoll has been 'at V-'-' =ation foi, at least 20 years; OB, to (c) The sign has not represented a safety hazard or an obstruct' ordinary roadway maaintemance activities. (a) The Couvcil may condition the permission nTon the owne of then establish-rnent entering into air agretment vvi-Ah Mize city addressing i7?.:.tters, r including lzability, Qrideriu~lty of the cj.ty, circumstances Calling for rcmova l Of the sigh, permit fees ar'.d other matters deemed appropriate by the city. (7) im lieu of permitting the existing sign to remain at its existing City cCouncil 7_riay authorize the location of a substitute sign im the exisiir g location or a di rferent location. e• !>istrici` , ega l itions. The foilowing sign standards by zoning district pertain o signs which require application and permit. ('1) R-I/a throifgh R-3B Residential Districts. (a) Area identif cWion s?gM (Momimen, type Only). 07'?° Sid? „c each 7C0rderlrig Street shall be allo4veC fCr each de\/elC i e.?i Or 2v r or uriore units. The sign shall mot exceed 32 square feet in areas nor shall the sign structu e exceed ogle-l all of the ailovvable corny al•ea. The signs shall be erected only at the dedicated street eTjtrs:,_:C:, not iii "he public. i°ig±it-Op-i,/ay, may Le indirectly i+_iLl ~z?12:ic TC- r v shall riot exceed a height of eigist reef above grade. (b) Instinition signs. One freestanding sign no` to exceec v ,c a.r feet in area. $ he freestanding Sign may be indirectly i? lumiriated and shall riot exceed a height of eiubt 'feet above bra dc. IFreestandi_ng signs located adjacent to i ter!!sediate or minor i 201_ -66 x.006 ` t o, t bJOt C __ter i streets, as iCer1_ti` e in t e .Sh J an zy be internally lit. ID 'addition, one. y/al^ ~ nn a 7; allov%iefj. by conditional tise pe-in-Ail., si!'usect to +t-c _`oflovvi" g: The total area of si.gnage, 'nc tiding she iJ✓aNj s;c s?~ ~i''s ''r; exceed 5% of the builrb.r;g silhouette as viewed.. ' oil the street; `ii) The wall sign may be i.n ec_ !Iy Park ide;`itiffiCattion slons. iorce sign, acil Ug each t;oL cy33C, i The sign shall not exceed 20 square feet in area i-,o' e5ga e' Height. The signs may be a_ndirectly a_11lun:hnated. ~re) &!bdivi-sion FJlo S1bns, N0 r3orP. than two +_emporaTey Sio;,_s a vei315? 3g a 1eev/ subdivision p" .1 Provided each Sig 2 +oeS Gs exceed 32 square feet in area, identifying only the plat in vlh-lo they are located, are noi7ii'l~aii~iinated and are eiecrled o '1; a.; dedicated street entrances ;o the plat. The signs shall be rep: rove 3 if construction of subdivision hTn provernents is not in progress on the plat within 60 days , olioa/ing the date of the sign e:r;;nn o as soon as S0% of the lots are developed and sole. (2) R-C ResidentiollComrnerciol. Subject to oth er conditions of this charuf ' , the nollowir±g signs shall be allowed in tlne R-'C District: `a) Signs are regulated in e.('-I) above; (b) Business signs in the R-C Districts shall be sub-jeet to luid requirements of 12011.19 Subd. 8. or t?ass code. 1201-6 200%'Q-2 Rep". Si.:iL}.i Zoning Ll]('I Zi,Wl Lill AG1,a,in R S:. 11 ~1 cLLliui_s v i It (_V:j G ('V-1 and C-2 Uom ane'C Li *al ' .`l5'. ~3Sw0]Gc` t(1'' 0ti_e2 ~ Coi r'"I'~J-a^'S ~.1'- `L. Gstr' t shall 2', and C-2? 9 i' . CSSC"~7ter, t~~e-LOJ.lOt~/i°ig S?nS shall be aiaC]~~/et _~i the C-11 I°t~!.,~?.t;;i.O (a) Bilsiness Signs. ('r_.) rt'he rnaxh-nurn nun ber of silpas fGr any 3,DTIMCiDal building shall be three except by conditional use as piovided, "!n (C i below. The rniaXamum tota% area for all signs shall ' e- determined by taking 10% of the gross siihoulett° aT,e.a o°? the -front of the biaildirlg. Where the pmncipal building is a corner lot aPd thus faces two pinbliic scree s, both side, may be counted. - Ilk" OJI) For Purposes or dete.-Irvin'-ng the g-oss ar ea o± t'_ sithoucu- of the Prind-i al -wilding, the silhouette snail be deli-RCCI '--AS that area within an outline draw; P- of the mrii cil~a.l b-,-2M,.-'Ma as Vie4Ved Irofrt the front lot l f're or frOi~i the r eIa'ted Dii' s? y street(s). (iii) Each lot will be all0v/ed only one freestandiRC7 sign e"'Celi'1 as provided in (C) below. (b) Advertising signs. Advertising signs are allowed, pro,!idest bh - r bc, and size of the signs sha11 be subtracted frorn t;r.e a o number and size of allowable business signs Provid.ecd in (a.) above. In no case shall the area of advertising signs exceed 25% of tlh total al.lowablIC sign area. (c) Conditional uses. In the case of a shopping center, or where t'heTC are two or -more business rises, a conditional use per fait may be granted to the entire shopping center iii accordance with ar, o c fa l; site arid signage plats iudicatirig the si e, location and ul signs. A maximum of J O% of the gross area o_a tb(.: ~ iffldir? , acg_,y.~ ie Silhouette shall apply to 'the principal build rtg vi here alflowable sign area is distri'oi-ited among the, several blush: esses. is the case of applying this conditional use per-niit to a sho-pi:i^:_g center, the shoeing center gay have two freestar ding sig~,s ar'iPntiffing the shopping center, 1201-Go 22007 S-% 3epl. (d) k reestanding sl10rls. Prees'tandiilg signs Sllall nol eXceeC ) Tee`L height or 80 square feet in area. The to'a area or the sign structure snail not exceed one-half of 'the allowable copy area. enCee! (e) Window signs, he total area of wir-dow sighs stall Do' 10% of the total area of windows as Viewed froiM the S'tree?' Window signs with lettering exceeding 3.5 inches in height shall be debited against the total number a-?d area of signs allowed f-0-R, I)TOPerty Mena boar'ds' One menu board sign per restaurant use with a c drive-UD facility may be allowed in conjunction with a coiiditiof.,sl use permit. The menu board shall not exceed 32 s qua-e <eet i; area, nor knore than eight feet in height, arld may be ir, addii io-n`1 the freestanding sign on the _property. .ette ing size on t11e rnieri-~? board shall not exceed two inches in height. (4) Signs per•rnitteet in the PUD Planned Unit Developn'ieYat District. (a) Signs Permitted in PUDs shall be as approved by the City C'ou n:,.cii for each development and shall be consistent with the iegLlir ?r_e :.s for the district most closely associated with each Lase in the PUD. (b) For PUDs containing 20 acres or more, of lanai, the city nnay Jlovv larger construction signs than those allowed in b.(1)(f) of th s subdivision. In determining the size and allowable area of ssg_os in a PUD, the city shall -take into consideration the functional classification and designated speed limit of adjacent loads and potential impact on adjoining residential areas, In no case shalll the total allowable area of construction signs exceed three square feet. for each acre of land within the PUD. The total area of the sigh shall not exceed 100 square feet and no individulal sign shat; exceed 30 square feet. f. ,Pernfit issuance; fees. (1) No sign shall be erected in the City of Shorewood until a W CIO SO t G -nq'r*i the r. d 'ii i x~ttnr Agri 1Pr by has br; a~,~,roved by , e o,_uo Fdd~_~ ra.. _ a ~ v or the Building Official (signs stipulated in b.(1) above shalt be e,_enrpt from this requirement). No permit shall be granted unti -1 t,e necessary fee has been paid and until the Building official, or staff representative, has made a preliminary inspection of the sign before installation and has ascertained that the sign and `Method of installation comply vviiii all. 1201-69 2006 S-!- J'71t]U"!lW s°lnd ~Jl-ir)(rl„,l\:~JLTIk: ci1Tc.L.t'`;ii~u !v! .v.~i Fr recuire>~erts of this chapter. The Bu-i Ing `~ifficia! may TeC'5'e that, detailed plans and spec" cations be submitted vvifl the apphcatioia necessary in 115 Or her judg ne it. OllOw;~g perijjit iSS?a eCe a1_cl Si`Zi erection, the Building Official shall rrakc a final inspection of the sigr_, and if it complies in every respect with the rniiii1"YELI stands rcis set forth it this chapter, shall endorse Ori the permit his or her certificate of approval. (2) Fees: (a) Poyinent of fees. The Pernnit fee and other fees and charges sell -forth in this chapter shall be collected by the city before the issuance of any permits and the Building Official, or other p-'r sons the ;`jayme9't of a "fee dL71V aiitg 0?lzed t0 issue the permit f0± -which is required under the provisions of this chapter, may not issue a Permit until the flees shall have been paid. (b) Double fees. If a person begins work of any kind --f'or- which a permit from the city is required, without having secured the necessary permits therefor, either previous to or on the date of corim- encernetnt of the work, he or she shall, when subsecre} sly securing each permit, pay double the fee provided for the per"?_ it, or is subject to the penalty provisions of this chapter. (c) yniticrl fees. The City Council shall, from time to time, establish a fee schedule by ordinance. Subd. 12. Horne occupations. a. Purpose. The primary purpose of this subdivision is to provide a means through establishmmert of specific standards and procedures by which holm occupations can be conducted in residential neighborhoods without jeopardizing the health, safety and gFraeral welfare of the surrounding rielghbOrhOOd, it is f~r.',r±e that businesses which may be allowed within residential districts should. ? oC g•,i an unfair economic advantage over businesses located in districts zoned foi business rises. in addition, this subdivision is intended to provide a r echatnism enabling the distinction between limited borne occupations and s-pecial ho ie Occupaons, so that ii iced home occupations may be allowed as accesso.-y '„iscs ti within residential zoning. b. tl~pliccition. Subject to the nonconforming use provision, of this section, all occupations conducted in the home shall comply with the provssi.o ns of this subdivision. 1201-70 2000, "S j ' ag CITY O C,,- T` l " P _3 5755 COUNTRY CLUB ROAD SHOREWOOD, MINNESOTA 55331-8927 (9:2) -1743?36 FAX. (952) 474-0125 - wwvd.ci.shorewood.mn.us ciiyliali@ci.sl.orev~)acd.rnn.us MEMORANDUM TO: Park Commission 1;-4RO1vtf e Brad NTiclsen DAX14;° 9 December 2005 ;t TE Signs in City Parks FIILE NO. Zoning (Signs) The Park Commission has been asked to consider allowing conurnercial advertising signs on the outfield fences in certain ballfields in Freeman Park. Staff has been asked to identify what charges to its existing codes would be necessary to accornin.odate this activity. Shorewood's regulations pertaining to signs are found in Section 1201.03 Subd. 11. of the City Code (a copy of which has already been provided to you), There are also definitions relative to signs in Section 1201.02 of the Code. Following are the provisions of Subd, 11. that would have to be amended: G b. 2 d) prohibits barmers except for temporary (10 days at a time) business signs, Staff does not have enough information at this time to lalow what types of signs arc being proposed. o hL2jfiproh1b1ts signs on trees, fences or utility poles. c.(3) restricts signs on public property to governinental signs. o c.(4) limits bamlers to temporary business sig (maximum 10 days). : ~gaii1 staff does not know what types of sighs are being proposed. © d. 1 ~ lists billboards and advertising signs as nonconfornming signs. This is perhaps the most significant revision that would have to occur. The City has had a long history of phasing out billboards. In essence, the proposed suns dap PftIP, FED ON RECYCLED P=.PcP \/I_c inoiai-i uni ne; l giis I I l paylCS }-cenlber 2008' differ little from billboards, that is, off-site advert" sing signs. Over the years the City has managed, tiv:ough its development regulations, to eradicate five of seven billboards that existed over the past 30 years. Thousands of dollars were spent in getting the billboard on County Road 19, at the L.RT Trail removed. In this light it will be extremely important to obtain a legal opinion from the City Attorney, stating that the amendments necessary to allow signs m the signs in. the parks will in no way jeopardize the City's approach to prohibiting billboards. e.(1 lists signs allowed in residential zoning districts. Advertising signs are not allowed in residential districts. Freeman Park is zoned single-family residential. With regard to process, the changes referenced above require that a public hearing be held by the Planrung Commission. A public hearing notice must be published in in the official newspaper; at least 10 days in advance of the hearing. The same notice would be mailed to all property owners within 500 feet of the park, or parks, in which the proposed sighs would be located. Obviously, the Plarming Commission would rely heavily on the Park Commission's input, as well as public testimony, in making its recommendations to the Council. The City Council makes a final decision on the proposed amendments. H the Park Conunission has any questions or would like additional information relative to this matter, please do not hesitate to contact me at 952-474-3236 or by e- mail at bruelsenQci.shorewood.r m.us. Cc: Brian Heck Maly Tietjen J arnes Landis Mayor and City Council Planning Commission -2- PARK C0, --SS-(-7 _NJEN-UTES PAGE 2 OF 4 B, Update on Arctic Fever Chair Norman stated that the fuudraisin6 efforts for Arctic Fever continue, noting that the event is 80% funded at this time. He pointed out that they are short an estimated $500 due to a shortfall of funds expected from the Legion which won't be available. Norman indicated that the pond hockey organizers have roughly 65-70"x'0 of their teams registered and will need many volunteers to assist with that event. Quinlan, volunteer coordinator, stated that while the overall number of volunteers for Arctic Fever is in good shape, he committed to helping the pond hockey folks recruit more volunteers for their tournament. Trent asked how the Commission could help bridge the finding gap or recruit volunteers. Chair Norman stated. there would be a meeting the next day and funding would be discussed at that time. 4. MATTERS FROM THE FLOOR There were none. 5. REVIEW SIGN ORDINANCE As a follow-up to a request made by Diamond Sports and SILL to allow advertising sponsorships on the ball fields at Freeman Park, Landini reviewed the high points of the current Sign Ordinance with the Conunission, as well as, Planning Director Nielsen's memo with regard to what changes would need to occur to acconunodate such activity. As Landini reviewed the memo, Quinlan stated that it was clear to hirn. that it has been the cities intent to remove billboards throughout the city and .limit, if not, eliminate this type of advertising. He suggested they use the Sign Ordinance as a fallback to deny the request. Landini stated that the Commission should discuss the Ordinance, memo, and request and decide what they wish to reconunend to Council. Chair Norman stated that, based on other conununities ordinances, as well as Shorewood's Sign Ordinance, he believed this activity should be limited on public grounds. He pointed out that the City has a strong sign ordinance currently which has mostly done away with signs. Trent felt the Commission should not modify the ordinance based on this request and feared doing so could be setting a new precedent, `walking a slippery slope'. Wellens stated that he believed the City Council would feel the same way. Quinlan moved, Trent seconded, denying the request on behalf of STLL and Diamond Sports to allow ball field signage at Freeman Park by changing the current Sign Ordinances that are in place. Motion passed 5/fL Exhibit E PARK COMM. RECOMMENDATION Excerpt fi-om 9 December 2008 minutes eIot2 From: commrecresources CX mchsi.com Sent: Tuesday, February 10, 2009 4:39 PM To: Brad Nielsen; Jeremy Norman; Twila Grout Cc: Brian Heck Subject: FW: RE: STLL request FYI - STLL response.... Tx - Kristi Forwarded Message: From: "Kyle Heitkamp" <kheitkamp@q.com> To: <commrecresources@mchsi.com> Subject: RE: STLL request.... Date: Tue., 10 Feb 2009 18:35:29 +0000 Kristi, Please find attached the breakdown you requested. We have each individual invoice for all of these expenditures if you would like to sit down with our Treasurer. I thought it would be best to give you a summary at this point instead of a pile of invoices. The budget you have in the packet is for the 2009 season which includes the Field Improvements ($10,000) and Field Maintenance ($7,500). The 2008 expenditures were Field Improvements ($6,252.40) and Field Maintenance ($7,491.40) for a total of the $13,743.80. The significant repairs (safety related) are mainly repairs needed to fencing and batting cages. These repairs have been put off (by STLL) each year to the point that we need to address them this year. Tim Jenzer has had a discussion with Brian Heck on the batting cage issue, Originally, it was our understanding that there may have been funds approved in prior years for this project. After meeting with Brian we found this was not true. There have been a discussion of how we could partner to get these repairs completed. I have not included prices on these due to not having specific bids. We have not brought the fence issues to the City's attention, due to STLL taking care of repairs like this in the past. We feel we have a great relationship with the City of Shorewood, This is why I mentioned our partnership with the community, City and STLL is so important in the request we submitted. I feel all three entities do a great job in sharing costs and responsibilities to provide a great experience for the athletes, As I mentioned in the request, our sponsorship dollars continue to get smaller. This is why we are trying to get creative with this temporary signage is at Freeman Park. I hope this answers your questions. If not, please give me a call at your convenience. Thanks, Kyle Heitkamp 952-412-8092 2/10/2009 Exhibit F STLL BUDGET INFORMATION Provided to Park Commissiori Page; 2 of 2 From., commrecresources@mchsi.com [maiito:commrecresources@mchsi.com] Sent: Monday, February 09, 2009 5:11 PM Toe kheitkamp@q,com Subject, STLL request.... Kyle - good talking with you this afternoon - below is the email I sent earlier today FYI. Let me know your thoughts. Kristi Good morning Frank - please email a copy of this to Kyle Heitkamp (I did not have a contact for him) As Park Coordinator for the City, I was reviewing the STLL zoning application request for signage scheduled for discussion at the Park Commission meeting tomorrow evening, a few questions came to mind that I hope you can clarify. With regard to the $13,743.80 STLL mentioned that was spent on field improvements/Maintenance in 2008, could you break that down more specifically. As I reviewed the attached STLL 2008 budget in the packet, there is no reference to improvements or maintenance items made within Shorewood in 2008 that would constitute this figure, unless I misinterpreted something in the budget. In addition, reference is made to 'significant repairs' that must be completed at Freeman fields as they are related to 'safety concerns'. Once again, could you identify what these significant repairs consist of so that I may relay these to the Commission. To my recollection, STLL has not brought any need for improvement to the attention of the Commission in the past few years that has not ever been addressed, especially with regard to the safety and well being of our child athletes. Thank you for your assistance, Kristi Anderson CRR/City of Shorewo - 2- 2/10/2009 aj E m 16 E m a c m 0 a c m 0 c Y ° N = N 3 N 3 rn a ° 0 c ca N C N C N U w m a C m ~6 o C c c m G 3 m O E O E N O U° ° N C O N y p a _a N U- a N -i6 > - .O O Q N C m N O U N C N m N ~ O v, 3 a 0 'c m' c a m m (06 C 'p N N o_ .N (6 L C C . O _ N N L , N T ~ O N C ~ L a a N C N m O N 3 N p d U U N N O O O N sz N N O D m O N d Q ~ ~ m (6 y~ ~ 9 9 o N N ° N . N = (D LL p M C U a W a . 'm 3 N Q ° U ca N = Q N O m E N U N N u s O_ Q E o m a C C O C7 a C a .C ~ ° ° rn C m~ N Q c c o N m N ' m 3 p J M O N N 0 N '4 O U .O 0) C I Y m C s N i= aa) ` ° C mm U QEa) m m ID m -o N a N ° Q . U a m 3 p N N m J aai O ' m ' C G N N i- O N N O E h m i? a) y N 0. m d i c c fl. c 3 3 E 6) Q 2 a n. 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E E L c p N N m U m U m U 'N = a C v N N N O ..N- C E N E N m a N a N a m N U N m C> a N G N > O > O m J m J m J C N N T Y m a O N ~ J O m N E N > ° E ° E a'S W KS Q C ~ 3 > N C N LL N N p C > ° Q N N Y U U p N U m O O O Y m m Y m C N N E C W N W E N C N N c m N E O) U U a) N "C O) N a) N O G m -Nj m m U m Ol c N c N c N ¢ U) J C N 3 o E o o. Em m N m C c N m m -o a i E c - j a. ui N C7 F- a a a N LL m m co c m E 0) m 2 C7 U U Y U F= Q d Z F i N 0 Q v ~N O C ~ O Q) p U N C U N O ~ w C C O N U U C U C N J 0- C C o Q N U- m U) m o_ C U a) lu a) Q, S 0~ O O r O r-ONN r' O O m N U C Q O) N N m N W O N N y m N N J O N O O N O O ti V m C l6 C c4 E m N LL 0 f0 TO C N X W a aD m E 0 R m a C (6 C c9 N N LL N C (6 G N G m m E `o Z PARK CONIMISSION MINUTES TUESDAY, FEBRUARY 10, 2009 PAGE ? ()E The Commission complimented the pair on their well thought out program and indicated that they would follow-up with staff and public works to determine where the garden could potentially be placed as well as discuss other details of the plan. Anderson suggested they consider focusing on `kids of all ages' for the prograin, especially if the garden is planted in Freeman where Shorewood Ponds seniors might enjoy bringing their grandchildren or working the gardens themselves. Davis stated that she would follow-up with staff, as well as, check how the Arboretum runs their community garden program at their children's learning center. 3. REVISION TO ZONING ORDINANCE l SIGNS IN PARKS - (Planning Director, Brad Nielsen) Planning Director Nielsen explained that STLL repres(m Lt tt i \,c Kyle Heitkarri,) l gad submitted an application for amendments to Shorewood's Zoning Cede tliat would allow advertising signs to be placed on the ball fences at Freeman Park. He reminded the Commission that they had reviewed this proposal informally at the end of last year. Although the Commission had voted unanimously to not recommend such amendments, the STLL group decided to pursue a formal application. Nielsen stated therefore that is wliy the submission l-ias been rerouted back to the Commission for a formal recommendation. H_c indicated that the [Tanning Commission would be holding apublic hearing on March 3rd and would lilkc to hear Crow the Commission prior to that date. Heitkamp explained that the league is getting close to critical mass, 500 players strong, and that the need for financial assist oice is greater this year than in the past. Heitkamp maintained that it is their intent to scli sponsorships o~_ the signs to help keep costs for all players down and to add to the schol irshin ('Lind overall. I Ic reviewed sonic financial burdens and expenses incurred by the organization with regard to repairs, maintenance, and equipment. He stated that he was unfamiliar witli what the Commission had decided at the end of 2008. Chair Norman asked how the City could continue to work with the little league group in a way that might alleviate some of their burden besides the fence billboards. Though he felt Heitkaimn lead done a fine job presenting little leagues case, Young stated that he hated to undo an ordinance that had a solid foundation such as this. Anderson interjected and read passages from the November Park Commission Meeting and the final recommendation to deny the request at the December meeting for review. She asked for further clarification with regard to the maintenance items and safety related issues referenced within the application. Davis stated that in reviewing the budget supplied to the Commission, she saw mixed budget messages and places the budget could be trimmed. Exhibit G PARK COMM. RECOMMENDATION Excerpt from 10 February 2009 minutes PARK CoNINTISSION M1WrES TUESDAY, FEBRUARY 10, 2009 PAGE 3 OF21 Trent stated that he would urge the organization to pursue other avenues or explore other financing options open to them. Woodruff reminded Heitkarip and the Commission that, had the organization applied for a variance, the City does not consider financial hardship a valid reason to grant variances thus the little league decided to undertake the ordinance amendment request instead. Nielsen stated that, if the City Council ends up determining the application move forward, he would suggest looking at a conditional use permit instead. Hensley stated that he was really concerned that, if the Commission supported such a request, it would be precedent setting. As an attorney he would view this as a dehn ite change in direction from what the city has decided in recent years. Hensley added that, as a resident, he would not want to look at signs in the public park anyway. Chair Norman concurred, stating that the City has gone to great lengths to regulate signage. He felt this to be a `slippery slope' and questioned where things would stop. He su;;gcsted the organization contact the Park Foundation and ask them to assist with fundraisers or financial aid scholarships. He stated that he believed the city would be willing to exan-iine the relationship it has with the sports organization in order to lighten their load and consider making some of the fixes normally performed by the little league itself Heitkamp stated that members of the other sports ol-anir,ations had letters attached stating that they had no intent to pursue such measures. Anderson pointed out;that each wrote that they would not pursue advertising boards themselves at this tithe but she questioned how the Commission would regulate allowing signs at one end of the park and not the other or Ior ornc or-anization and not another as the application presented themselves. Chair Norman questioned whether thcrc was a formal document or agreement that identified who cares for what with regard to maintenance. He asked what the user fees cover for the users and whether there were items the city could take upon itself He asked staff to investigate. Anderson stated that, to her knowledge, there was no formal agreement between the city and the little league but that, typically, when an improvement is made or donated to the parks it becomes the property, as well as, the responsibility of the City. Woodruff was surprised to hear there would be no formal agreement with regard to maintenance. Quinlan pointed out that, if little league estimates they will make $20,000 in sponsorships, perhaps the City should consider how it can offset some maintenance costs rather than allowing the signage. However, he noted that the purchase of a new mower and rakes to mow the infields and care for the ag lime are specific to the organization and this application only and may not necessarily even be city maintenance items. PARIS C0,1VIINIISSION I'tINu'rES TUESDAY, FEBRUARY 10, 2009 PAGE 4 oF'1 Heitkamp stated that he did not wish to jeopardize the good working relationship the little league had with the City; however, he maintained that costs are rising and they are searching for solutions or will have to start cutting things. He pointed out that many local businesses have expressed an interest in advertising on the signs. Anderson suggested the Commission give consideration to private versus public spaces in which advertising is or is not currently allowed. Chair Nonrian concurred, stating that he found it difficult to consider putting private messages in our public spaces which are currently clutter free. Norman believed this to be a larger issue than allowing little league to raise money. He felt the city should keep private interests out of public open spaces and that the ordinance is well written to do so. Trent agreed, stating that the bigger issue is to keep the aesthetics consistent within the parks for a commercial free park experience. Woodruff suggested the Commission investigate v,~hethcr the city should provide more support than it has in the past and encouraged the little league to im,cstigatc whether there are other answers than signage out there to help with the financial piece o l'things. Davis moved, Young seconded, to reconnmcnd denial of the request by STLL for Amendments to the Shorewood Zoning Code that would allow advertising signs to be placed on ball field fences in Freeman Park with the recommendation that staff review our current agreement with STLL and investigate other avenues for support that would help offset some of the mainteu~mce costs. Motion passed 7/0. -t-_ 4. REPORTS A. Report on City Council Meeting Woodruffreported that the City Council appointed new members to the Planning Commission, as well as, tvvo new Park Comtnissioners, Thomas Robb and Bob Edmundson. B. Report on Arctic Fever Event on January 17, 2009 Chair Norman reported that attendance was estimated between 500-800 people in Shorewood. He noted that the sliding hill was very popular and would encourage staff to build a giant sliding hill every season. Norman stated that the pond hockey sponsor has already committed to 2010 and the planning groups will be meeting soon to discuss where they want to head going forward. Norman indicated that the library coloring contest also went well and that everyone was very pleased with the numbers in attendance at all events this year. C. Update on Consultant Services Anderson reported that the City Council voted unanimously to move forward with the Parlc Consultant Planning Services recommended by the Commission with negotiations to begin soon. Pq(-Y - 1 1 From: Brad Nielsen Sent: Tuesday, February 10, 2009 3:43 PM To: Mary Tietjen (mtietjen@kennedy-graven, com) Cc: Brian Heck Subject: STLL Proposed Zon Text Amdmt Good Afternoon Mary, As you are aware, South Tonka Little League has requested amendments to the Shorewood Zoning Code that would allow them to place advertising signs on the ball field fences at Freeman Park. Staff has identified several issues that require legal advice. Per our conversation yesterday, would you please comment on the following: ® Can the City distinguish between park fence advertising signs and other types of outdoor advertising signs, including billboards? We discussed how the proposed change represents a definite change in direction with respect to the City's current policies on signage. Does such an amendment(s) jeopardize the City's position on other commercial signage, particularly outdoor advertising? ® Can we/should we limit the amendment to apply only to Freeman Park? Or, should the amendment be extended to include other city parks? ® While STLL has submitted e-mails from representatives of organized hockey and football, stating that they have no interest in placing signs in the parks, there is concern about setting a precedent for the future. Presumably, it would be difficult to deny similar treatment to other groups. Is that correct? I mentioned that this item is on the Park Commission agenda this evening and is scheduled for a public hearing on 3 March at the Planning Commission. The Planning Commission packets go out the week before the meeting, so if I could get your report by 23 February, that would be helpful. Call or e-mail me if you have any questions. J3wd ✓Ui& ea Planning Director City of Shorewood 952-474-3236 2/10/2009 Exhibit H QUESTIONS FOR CITY ATTORNEY Dated 10 Feb]-Laai-y 2009 CITE' OF SHOPS` PLANNING CGP I X G TUESDAY, 3 MAR _,09 MINUTES CALL TOO ER Chair Schmitt called the meeting to order at 7:00 P.M. ROLL CALL SOUTHS C V, CO J , - _ - ENTER ' TIIV I- SAD 7:00 P.M. Present: Chair Schmitt; Commissioners Arnst, Hutchins, Ruoff and Vilett; Planning Director Nielsen; and Council Liaison Zerby Absent: Commissioners Gagne and Geng APPROVAL OF MINUTES ® 17 February 2009 Hutchins moved, Vilett seconded, Approving the Planning Commission Meeting Minutes of 17 February 2009 as presented. Motion passed 5/0. 1. 7:00 P.M. PUBLIC HEARING - ZONING CODE TEXT AMENDMENT REGARDING SIGN REGULATIONS Applicant: South Tonka Little League Location: Freeman Park Chair Schmitt opened the Public Hearing at 7:00 P.M., noting the procedures utilized in a Public Hearing. He explained items acted upon this evening would be placed on a March 23, 2009, Regular City Council meeting agenda for further review and consideration. Director Nielsen stated South Tonka Little League (SILL) has requested amendments to the City's Zoning Code that would allow it to display commercial advertising signs on the ball-field fences of the two fields in Freeman Park used by STLL for little league games. He explained the applicant's request proposes to display as many as 15 signs on each of the two fields. He reviewed a site location map showing the location of the two fields, and photo mock-ups submitted by the applicant showing where the signs could be placed on the fences. He explained the signs would be heavy-duty banners, measuring approximately 3.5 feet high and 7 feet wide. The sign space would be sold to SLLL sponsors and the revenue would go to STLL for "scholarships" for families needing assistance with the fees and for expenses. Nielsen explained this request initially appeared before the Park Commission at its 9 December 2008 meeting, noting the Connuission voted unanimously against changing the current code. The applicant decided to submit a formal application for the code amendments in late January 2009. The Park Commission discussed the formal application during its 10 February 2009 meeting, and the Commission again voted unanimously against changing the current code. He noted the Commission was sympathetic to STLL's budget issues. He stated the Commission did agree to look at how much field maintenance is done by the City versus STLL. There appeared to be consensus that the City might be able to increase its CIS - LA1 I Vag 2 m f7 level of rr i a_ - funding, freeing up STLL money for scholarships. He clarified that the Planning Commission is charged with holding public hearings on proposed Code amendments and making recommendations to the City Council. With regard to the analysis of the case, Nielsen explained changes would be required to City Code Section 1.201.02 Definitions relating to signs, as well as to provisions in Section 1201.03 Subd. 11. He reviewed which provisions of Section 1201.03 Subd. L1 of the City Code would have to be amended. ® b.(2)(d) prohibits banners except for temporary (10 days at a time, 2 times per year) business signs. a b.(2)(f) prohibits signs on trees, fences or utility poles. 0 c.(3) restricts signs on public property to governmental signs. ® e.(4) limits banners to temporary business signs (maximum 10 days). . s d.(1)(c) lists billboards and advertising signs as nonconforming signs. The City has had a long history of phasing out billboards. The proposed signs differ little from billboards, that is, off-site advertising signs. Over the years the City has managed, through its development regulations, to eradicate five of seven billboards that existed over the past 30 years. e.(1) lists signs allowed in residential zoning districts. Advertising signs are not allowed in residential districts. Freeman Park is zoned single-family residential. Nielsen stated Staff asked the City Attorney to provide a legal opinion on the requested amendments. The Attorney indicated if the City proceeds in making the requested amendments; the ordinance should be crafted to clearly distinguish ball-park signs from other types of outdoor advertising signs. Nielsen noted the City had received numerous emails from STLL members in support of the request. Nielsen stated Staff is looking for direction from the Planning Commission. He asked if the Commission would like Staff to draft amendments to the City Code. Nielsen stated Kyle Heitkamp, representing STLL, was present this evening and Park Commission Chair Norman was also present. Mr. Heitkamp stated STLL has a very good working relationship with the City, and on behalf of the STLL he did not want anything to jeopardize it. STLL is very proud of its facilities, and it spends a lot of money each year maintaining its facilities. STLL is seeking an exception to allow temporary signage on the ball-field fences at two ball fields in Freeman Park. He explained the proposed signs would be 3.5 feet high by 7 feet wide, they would be constructed of industrial mesh fabric and they would be the color of the fence. He stated he thought this request would be a win-win for the City and STLL. He commented that based on feedback from potential sponsors he thought STLL could receive $20,000 for the advertising signs. Mr. Heitkamp explained why STLL was making its request. The main reason is STLL wants every child in the area who wants to play little league to have the opportunity to do so. It wants to keep its fees low and offer scholarships to children whose families need help paying the fees. A representative of Diamond Club approached STLL about the idea of advertising sponsorships. This representative from Diamond Club worked with the City of Minnetonka to have Minnetonka's ordinance changed to allow this type of signage at two ball fields. In 2008 STLL received $8,500 from sponsors and it was difficult to get that much. Every city that abuts the City allows advertising signs. The St. Bonifacius ordinance does not allow them, but its Council decided to allow them. Victoria allows signage. Chanhasssen developed a signage CI pt,Al Far J of 7 agreement. 1 onka amended its ordinance to allow advertising signage in certain parks. Mound and Upper Tonka ~'so allow signage. Six of the eight cities the City Engineer spoke with allow the signage. The proposed signage would be up approximately three months each calendar year. Mr. Heitkamp stated the sponsorship revenues will be used for scholarships and field maintenance. He noted STLL's requests for scholarships have increased substantially; this is also occurring with most other leagues. He stated STLL's fees are some of the lowest around and it would like to keep them that way. He explained that in 2008 SILL spent approximately $13,700 on field improvements, equipment and maintenance. Also, $6,700 was spent for the grounds crew; those hours are in addition to all of the volunteer hours. The only people that get paid are youth umpires and youth ground crews. STLL allocated $17,500 for field improvements in 2009. He stated the Park Commission indicated that maybe the City could pay for some of the maintenance and improvement expenses. STLL and others thought the signage would be a better idea because the taxpayers would not have to fund that cost. Mr. Heitkamp explained the City received approximately 50 emails from parents of STLL players who live outside of and inside of the City before Director Nielsen asked STLL to have people to stop sending him emails. Residents in the Shorewood Oaks neighborhood, located to the west of the ball fields, have been supportive of the signage. He had met with the President of the Shorewood Ponds Home Association twice and the President did not express any issue with having signage. He commented the signage would be put up after the foliage came out and taken down before it was gone. Mr. Heitkamp reviewed the questions and highlighted the answers provided in a memorandum from the City Attorney written in response to Staff questions (per a memorandum from Kennedy & Graven dated 23 February 2009). 1. Can the City distinguish between park fence advertising signs and other types of outdoor advertising signs, including billboards? Would the amendments jeopardize the City's position on other commercial signage, particularly outdoor advertising? Approving the amendments would not jeopardize the City's position generally on commercial signage as long as the city has a rationale basis for distinguishing between certain types of signs. 2. Can the City limit the amendments to only allow signs in Freeman Park? Should the amendments be extended to include other City parks? Allowing advertising signs only in Freeman Park could open the door for challenges based on the argument that all public property within the City should be similarly available. Because the City is regulating commercial speech rather than noncommercial speech, a challenge nevertheless might be less likely to succeed, especially if the City has a sound, content-neutral basis for allowing signs in one park versus another. 3. If the City allows advertising in the ball fields for STLL, would it be difficult to deny similar treatment to other groups (e.g., hockey, football)? The City could regulate off- premise sign based solely on some other neutral factor (e.g., location). This approach would address any concerns that the City was showing preferential treatment to a certain group and would make a challenge less likely to succeed. Mr. Heitkamp stated only people coming to the Park would see the signage. He questioned if approval of signage could be granted on an annual basis and it could be up for a specific timeframe. This request could be unique because STLL pays for much of the improvements and maintenance in addition to paying for usage fees. He noted representatives of other sports organizations using the City's ball fields indicated they were not interested in pursuing signage treasures. He stated he would be willing to review STLL's budget line item by line item if the Planning Commission wanted him to. Ct7 rag ar 7 In response to a question from Commissioner Ruoff, Mr. Heitkamp explained each sign cc A approximately $500 and the estimate is to have 26 sponsored signs. In response to second questic Mr. Heitkamp stated there were less than five scholarship requests in 2008, and there have already been eight in 2009 noting the peak time for receiving scholarship requests does not happen for a while. He anticipates SILL will award $3,000 - $4,000 in scholarships in 2009. Chair Schmitt opened the Public Testimony portion of the Public Hearing at 7:25 P.M. Bob Edmondson, 19585 Shady Hills Road, stated he ran for a City Council seat in the 2008 general election but failed to secure a seat noting he was narrowly defeated. He applied for a seat on the Planning Commission in February 2008 and was narrowly defeated for that. He has been appointed to the Park Commission. His intent this evening was to introduce himself to the Planning Commission, and to congratulate Commissioner Arnst who was recently appointed to the Commission. He was looking forward to a vigorous attitude in these stringent and unusual economic times that are the worst financial times in 50 years. He anticipated the Park Commission would be fiscally smart. He looked forward to working with the Planning Commission on up coming issues. Frank Kuzma a resident of the City of Chanhassen, stated he is with Diamond Club and he initiated this entire discussion with Mr. Heitkamp. Diamond Club is an umbrella organization that brings various sports organizations together. He noted he had worked with the City of Minnetonka on its amendment to its signage ordinance. He explained potential sponsors approached Diamond Club about possibly doing sponsorships in the South Tonka area with SILL. He thanked the Planning Commission for considering this request. Doug Dahl, President of the Shorewood Ponds Home Association, stated the Association is pleased to support SILL in its efforts to remain self sustaining. The advertising signage will in no way diminish the entertainment provided by SILL little league games. Gayle Luke, 25725 Park Lane, stated she probably lives closest to the south ball field and the parking lot. She likes the openness of Freeman Park. She expressed concern that if this request is approved then what would prevent additional signage from being put up in the Park. She stated she will be disappointed if the Park takes on more of a commercial look. Park Commission Chair Norman stated the Park Commission has met with Mr. Heitkamp, and the Commission unanimously recommended the request be denied. If the City amended its Zoning Code to allow advertising signage in Freeman Park the Commission was concerned that it would set a precedent, and it would undo the City's past efforts to reduce signage in the City. The Commission also felt strongly that commercial messages should be kept out of public space. The Commission directed City Staff to work with STLL to determine where the City should be paying for certain maintenance and improvement costs. Mark Tuseth, Excelsior, stated it's his understanding that the purpose of sponsorship advertising signage is to generate funds so more children can participate in the STLL programs. He then stated the proposed signs would be temporary. STLL wants to raise additional monies to help reduce its expenses and provide more scholarships. Chair Sclunitt closed the Public Testimony of the Public Hearing at 7:35 P.M. In response to a question from Commissioner Ruoff, Mr. Heitkamp explained STLL spent approximately $13,700 on field maintenance in 2008 with most of it being for the ball fields in Freeman Park. It includes 31V Page 3 01 '1 normal field maintenance to new eq i or° things such as nhowing and dragging the infield. In response to another question. Heitka--hp stated he and the Park Commission did not discuss any specific amount of money the City could possible contribute to field upkeep. Mr. Heitkamp stated a representative from STLL met with the City Administrator to discuss repairs for batting cages. The repairs could cost up to $20,000. STLL had thought the City had previously budgeted for the repairs, but the City Administrator informed STLL there are no funds allocated for that. Many of the necessary repairs to the cages would resolve safety issues, and improvements along side of the cages would extend the life of fence. Commissioner Vilett stated she thought there is a distinction between billboard signage and the type of signage STLL was proposing. She then stated if the City Attorney thought this request could be granted without setting precedent then she could support the request, noting that would be contingent on how the amendments were worded. Commissioner Ruoff stated he understood the City Attorney to indicate there could be a possibility of establishing precedent if the amendments were not carefully worded. He questioned how likely it would be for other sports organizations to request this type of advertising signage if this request were to be approved. Director Nielsen explained hockey is played at Badger Park and at Cathcart Park, football is played at Badger Park, soccer is played at Freeman Park, and softball is played in Freeman Park. Park Chair Norman stated there is overflow soccer and lacrosse played at Manor Park. Commissioner Hutchins questioned what the City's exposure would be for other organized sports activities to make similar requests. Director Nielsen stated it would be difficult for the City to turn down another organization; it would be easier for the City to limit signage to a specific park than a specific organization. Commissioner Hutchins stated the City Engineer's report listed what neighboring cities did with regard to allowing signage in their parks. He questioned if the signage is allowed as variances to ordinances. Director Nielsen stated the City of Minnetonka allows signage at its high school complex and at Bennett Field, yet its ordinance specifically states signage is not allowed on ball-field fences. Another city's ordinance states it's not allowed but the City actually allows it. Another city has a formal agreement it uses. Commissioner Hutchins asked Director Nielsen if he had identified what the rationale would be for granting this request. Director Nielsen stated Mr. Heitkamp indicated distinctions could be made. The signage would not be visible from the road, part of the sponsorship money would be used to pay for ball field maintenance, and Freeman Park is a community park versus a neighborhood park. There could be a requirement that the display would be temporary. In response to a question from Commissioner Hutchins, Mr. IHeitkamp stated the signage would cover approximately 33 percent of the outfield fence and 15 percent of the total perimeter. Commissioner Arnst stated that when she served on the Park Commission from 1997 - 2004 there had been 2 - 3 similar requests which were considered by various Commissioners. The Commissions never thought it was an appropriate venue for advertising signage. The Commissions tried to balance the intense usage of the City's parks with the intense beauty of the surroundings; the ability to see through ball-field fences needed to be preserved. C11 rag 01 7 Commissioner Ruoff stated he is a parent of children participating in SILL programs, and STLUs fees are lower than other organizations' fees. There is parent involvement with cleanup of the melds and maintenance of fields, parents have established a partnership with STLL. If the amendments could be crafted to limit the number of signs allowed and limit them to specific fields then he could support the request. He understood it may be difficult to limit it to only softball, but thought it was possible. Chair Schmitt stated he has mixed thoughts about this request. He appreciates STLL's need for additional funding. He thought the City should be responsible for providing adequate maintenance of the two ball fields. Making the necessary amendments would cost the City a significant amount of time and effort. The current discussion is about crafting amendments that would be creative enough to allow this specific request. It would set a precedent. When a similar request comes along another creative amendment can be crafted to allow the new request. He recommended the Park Commission identify funds to help with maintenance of the two fields and determine where the funds would come from to repair the batting cages. He stated businesses will pay for advertising signage because there is a financial benefit to them. The proposed signage would also be a financial benefit to STLL. Therefore, government property would be used to create advertisement for financial gain and he did not think it would be appropriate to establish that precedent. He has a difficult time supporting this request. The fact other Commissions had recommended denial of similar requests does carry some weight, but he is not one to do something because it has historically been done that way. Approving this request could make it difficult to keep commercial messages out of public properties. He expressed disappointment that STLL is doing part of the City's job by doing maintenance on the two ball fields. He thought the Planning Commission should strongly recommend Council address the issue. Chair Schmitt clarified the Planning Commission is a recommending body only, it does not make the decisions. This request will come before Council during its March 23, 2009, meeting and the Council will make the decision. Hutchins moved, Arnst seconded, recommending denial of South Tonka Kittle League's request for amendments to the City's Zoning Code that would allow it to display commercial advertising signs on the ball field fences of the two fields in Freeman Parr used by STLL. Commissioner Vilett suggested the motion be amended to include the request for Council to consider having the City fund some of the maintenance of and improvements to the two ball fields. Without objection from the maker or seconded, the motion was amended to include the Planning Commission requests the City Council consider having the City fund some of the maintenance of and improvements to the two ball fields. Motion passed 510. Chair Schmitt closed the Public Hearing at 7:54 P.M. 2. SELECT CHAIR AND VICE-CHAIR FOR 2009 Hutchins moved, Ruoff seconded, recommending the nomination of Scott Schmitt to the position of Planning Commission Chair. Motion passed 5/0. Hutchins moved, Ruoff seconded, recommending the nomination of Bob Gagne to the position of Planning Commission Vice-Chair. Motion passed 5/0. -D-R-A-F-T- CITY OF SHO WOOD RESOLUTION NO. A RESOLUTION DENYING A REQUEST BY SOUTH TONKA LITTLE LEAGUE FOR AMENDMENTS TO THE SHORE WOOD ZONING CODE THAT WOULD ALLOW COMMERCIAL ADVERTISING SIGNS TO BE PLACED ON BALLFIELD FENCES IN FREEMAN PARK WHEREAS, Kyle Heitkarnp, representing the South Tonka Little League (Applicant) has requested amendments to the Shorewood Zoning Code that would allow cornrnercial advertising signs to be placed on ballfield fences in Freeman Park; and WHEREAS, the Applicant's request was reviewed by the City's Planning Director, whose recommendations are set forth in a memorandum, dated 26 February 2009, which memorandum is on file in the Shorewood City Hall; and WHEREAS, the Applicant's request was reviewed by the City Attorney, whose recommendations are set forth in a memorandum, dated 23 February 2009, which memorandum is on file in the Shorewood City Hall; and WHEREAS, the request was reviewed by the Park Commission at its meeting on 10 February 2009 and, after deliberation, the Park Commission recommended to the Planning Commission and City Council that the request be denied; and WHEREAS, a public hearing was held and the request was reviewed by the Planning Commission at its meeting on 3 March 2009 and, after deliberation, the Plan ling Commmission recorunended to the City Council that the request be denied; and WHEREAS, the City Council, at its regular meeting held on 23 February 2009, reviewed the material submitted by the Applicant, written and oral public testimony, the reconunendations of the Park Commission and the Planning Commission, the Planning Director's memorandum, dated 26 February 2009, and the City Attorney's memoranduun, dated 23 February 2009, which memoranda are on file in the Shorewood City Hall. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: FINDINGS OF FACT Freeman Park is public property located in the R-1C, Single-Family Residential zoning district. 2. The Applicant proposes to locate as many as 15 commercial advertising signs on the outfield fences of each of the two ballfields currently used by South Torika Little League in Freeman Park. 3. The proposed signs measure approximately 3.5' x 7' and are made of industrial strength mesh. 4. The request would necessitate changes to the following six sections of Section 1201.03 Subd. 11. of the Shorewood Zoning Code: a. b. (2)(d), prohibiting banners except for temporary signs (10 days at a time) b. b.(2)(f), prohibiting signs on trees, fences or utility poles c. c.(3) restricts signs on public property to governmental and political campaign signs d. c.(4) limits the use of banners to temporary signs, two signs per property per year for 10 days at a time e. d.((1)(c) lists billboards and advertising signs as nonconforming signs f e.(l) lists signs allowed in residential zoning districts; advertising signs are not allowed in residential districts CONCLUSIONS A. The Zoning Code amendments requested by the Applicant constitute a significant deviation from the requirements of the Shorewood Zoning Code. B. The Applicant has failed to demonstrate that the Shorewood Zoning Code should be amended. C. The Applicant's request for Zoning Code text amendments as set forth above is hereby denied. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOI2EWOOD this 23rd day of March 2009. CHRISTINE LIZEE, MAYOR ATTEST. BRIAN HECK, CITY ADMINISTRATOR/CLERK C `T' 5755 COUNTRY CLUB ROAD ® SHOmEvvOOD, MINNESOTA 55331-3927 ® (952) 474-3236 FAX (952) 474-0128 - www.ci.shorewood.mmus - cityhall@ci.shorewood.mn.us MEMORANDUM TO: Mayor and City Council FROM: Brad Nielsen BATE: 7 May 2009 RE: Comprehensive Plan - Interim Adoption FILE NO. Comp Plan (Admin) The public hearing draft of the Comprehensive Plan is included in your packet. The Planning Commission held a public hearing last Tuesday and voted unanimously to recommend approval, subject to two changes: Y The South Lake Skate Park should be added to the Parks map and text in the Community Facilities chapter • Lake Linden should be shown as a wetland rather than a lake on the Wetlands and Shorelands map on page NR-13. Assuming the Council approves the Plan for submission to the Metropolitan Council, it will be submitted before the end of the month, along with the Surface Water Management Plan previously adopted by Shorewood. Once through the Met Council, the Plan will come back for forinal adoption. Cc: Brian Heck ®11 PRINTED ON RECYCLED PAPER X8.8. MEMORANDUM FOR NCI ACTION TO: City Council FROM: Brian Heck, City Administrate DATE: April 17, 2009 SUBJECT: LMCC Request The LMCC is present to request approval from the City Council to purchase the building they currently have their offices. In order for the LMCC to proceed with the desired purchase of the property, they need 2/3rds of the member cities to approve the purchase. Attached is the background on the purchase from the LMCC, Purchase agreement, and Resolution. Staff Recommendation - adopt the resolution to approve the LMCC's purchase of the building they currently occupy. I 1 L AI, A71 SUNSET C.:: `E BOX 38: a S! - MN 55384-C".35 - "52.,.'1.7125 - MX .1.71 X71.9151 - ffrccOfmcc-i .org 4-27-2009 Background info rm~lltion; The LMCC has been renting their facility for the past 10 years. Over the past several months we have been exploring other options. Such as renting or DEEPHrivciv purchasing another building. On April 23, 2009 the executive committee unanimously voted to purchase our existing building. Payment would be made EXCELSIOR over 5 years and funding would come from cable franchise fees. There would be no dditionit cost to the cities. Facts about our ability to enter into a possible agreement. -This is our 25th year serving our member communities -We receive our funding through cable TV franchise and PEG fees, -Our current find balance is approximately `$400,000.00. LAKE 2008 Rcvenue was $61.4,000.00 LORE1TO Per our Joint Powers Agreement, approval is needed from, 213rds of our 17 member cities. We will not be asking you for money to aid us in making this MAPLE PLAIN purchase, only permission. MEDINA Financially purchasing our existing building is our best option. #1 $319,000. 'Own building at the end of 5 years MINK#2 Co€Ztil?uc existing lease for next 5 years, total cost, $280,000. sL " Currently $4,400. per month with 3% yearly increase. #3 Looked at leasing a larger facility. $490,000. approximate cost. MINNETRtSTA Rent, build out., moving, etc. ORONO Appraisals County tax assessor property value $340,000. ST, BONIFACILIS Comparable sale summery in cost per square foot $82.85 Current building we are purchasing 51-JOREWOOD $165.08 Mist, Campus Dr, Spring Park $123.99 4400 Shoreline Dr, Spring Park $103.61 2434 Commerce Blvd, Motuid SPRING t'fhRIC $115.84 3701 Shoreline Dr, Orono $123,54 3600 Shoreline Dr, Orono 7ONKA`BAY $229.75 5205 Shoreline Dr:, Mound VICTORIA Qspectfully, fF WOODLAND Tom Scanlon l Chairman CITY F SHOREWOOD RESOLUTION N 9®026 A RESOLUTION APPROVING ACQUISITION F AL ESTATE BY THE LADE MINNETONKAA COMMUNICATIONS COMMISSION WHEREAS, the Lake Minnetonka Communications Commission ("Commission") was established under MN Statute 238.08 and MN Statute 471.59 pursuant to a Joint and Cooperative Agreement ("Agreement") by and between the cities of Deephaven, Excelsior, Greenwood, Independence, Long Lake, Loretto, Maple Plain, Medina, Minnetonka Beach, Minnetrista, Orono, St. Bonifacius, Shorewood, Spring Park, Tonka Bay, Victoria, and Woodland, Minnesota ("Member Cities"); and, WHEREAS, the Commission produces community programming and administers and enforces the cable franchise on behalf of the Member Cities; and, WHEREAS, the Commission leases office and studio space in a building located at 4071 Sunset Drive, Spring Park, Minnesota, 55384 ("Property"); and WHEREAS, the Commission has determined that it is in the best interests of the Commission and Member Cities to purchase the Property; and WHEREAS, the Commission has approved acquisition of the Property and has negotiated the terms of such transaction; and WHEREAS, pursuant to the Agreement, in order for the Commission to purchase real estate two-thirds (2/3) of the Member Cities must approve. NOW, THEREFORE BE IT RESOLVED, by the City of Shorewood that: 1. The Commission's purchase of the Property is approved upon the terms and conditions negotiated and approved by the Commission; 2. The Commission shall be solely responsible for payment of the purchase price and for ownership of the Property including all capital improvements and all costs of operating and insuring the Property; 3. This Resolution shall be effective immediately. ADOPTED by the City Council of the City of Shorewood this 11 day of May, 2009. Christine Lizee, Mayor ATTEST: Brian Heck, City Administrator/Clerk MEMORANDUM FOR COUNCIL ACTION TO: City Council FROM: Brian Heck, City Administrat DATE: April 17, 2009 SUBJECT: Phillippi Mediation Outcome The City and the City's insurance provider met with the other defendants and the plaintiff in mediation on Tuesday, April 28, 2009 in an attempt to work out a settlement to the claims the plaintiff, Matthew Phillippi, made against the City of Shorewood, Mr. Nathan Shanklin, and Mr. Peter and Ms. Clair Killen. Ret. Judge Roland Faricy conducted the mediation and after several hours, the parties arrived at the following agreement to settle the case. 1) The defendants will provide to the plaintiff the sum of $5,000. 2) The defendants will cover the costs of the mediator. 3) The case shall be dismissed with prejudice. 4) The plaintiff will execute a complete waiver of all claims. The $5,000 sum is allocated in the following manner - City and its insurance company $3,500; Nathan Shanklin $1,000; and Peter and Clair Killen $500. Mediator fees allocated with the City paying 3/8; Mr. Shanklin 3/8; and Mr. and Ms. Killen 1/4. I spoke to the insurance trust and the costs to the City for this case is approximately $3,550 and includes the settlement, deductible, and the city's share of attorney costs and court fees. Options 1. Accept the mediated resolution to the case. 2. Reject the mediated settlement. Accepting the mediated resolution puts to rest this case and all other past claims Mr. Phillippi has or may make and caps the amount the city will be liable for approximately N-DLTM -2- $3,550. If you recall, the city just made payment to the L MCIT in an amount over $31,000 to cover costs associated with Mr. Johnson. Rejecting the proposed settlement renders the agreement void as to all parties. The case would then proceed to court with the City's and other defendants motions for summary judgment. Further court proceedings will cause the city and other defendants to incur additional fees and expenses. Recommendation: staff recommends the council approve the mediated settlement and authorize the insurance trust to process payment on behalf of the City. t 4 ' s Fahey WITNESS: This 28 day of April, 2009 K ~c 11l/I- r1 . I S 13 c~t~ S/dJ,C- C=R6 Defeo of Sho w 4~' t I L---~. Defendant Nathan Shan}in Defendants Peter and Claire Killen Exhibit A . The Defendants shall pay to the Plaint' the sum of $5000 (the Payment). 2. The Defendants shall pay all of the fees for Mediator Roland T.Faricy. 3. Upon the Payment the parties shall execute the dismissal with prejudice, attached as Exhibit 1. 4. Upon the Payment the Plaintiff shall execute and have notarized the Release of Claims attached as Exhibit 2. 4. The Plaintiff warrants and represents that he has full authority to sign this Settlement Agreement, and the attachments hereto, and to cause the same to be binding on the Property, without any other person or entity signing the documents.. 5. This Agreeement is not binding on the City until such time as it is approved by the City Council, which will place it on the City Council agenda for May 11, 2009. Subject to the foregoing contingency this Agreement is binding on all of the parties hereto and acceptance of the same may not be rejected. In the event the City Council does not approve this Agreement by May 12, 2009 it shall be null and void and of no further force or effect. 6. Upon approval by the City the Defendants shall tender checks to Mediator Faricy within 10 business days, who will disburse the Payment to the Plaintiff in exchange for executed copies of Exhibits 1 and 2 attached hereto. Mediator Faricy shall then deliver original signed copies of Exhibits 1 and 2 to the Defendants, who shall executed Exhibit 1, deliver one copy of the same by mail to the Plaintiff and cause an original to be filed with the Court. STATE OF MDMSOTA DISTRICT COURT COUNTY OF Hennepin Pots JUDICIAL DISTRICT Matthew J. Phillippi, Plaintiff, vs. City of Shorewood, a Minnesota, municipal corporation, Nathan Shanklin, Peter Killen and Claire Killen, Case Type: Other Civil Court Pile No: 27-CV-08-24096 Judge William Howard STIPULATION F DISMISSAL WITH PREJUDICE AND ORDER Defendants/Respondents. The above parties, through their undersigned attorneys, hereby stipulate and agree that the Plaintiff's complaint be dismissed in its entirety, all Cross-Claims between the Defendants be dismissed and that the foregoing matter, having been fully compromised and settled, may be and hereby is dismissed with prejudice, without costs or disbursements to any party. Dated: 2009 Matthew J. Phillippi 500 3`d Street Excelsior, MN 55331 (952) 474-2025 Pro Se Plaintiff That : 2009 Dated: .2009 Mark A Fredrickson (#210535) Lind, Jensen, Sullivan & Peterson 150 South Fifth Street, Suite 1700 Minneapolis, MN 55402 (612) 333-3637 Counsel for Defendants Peter & Claire Killen Dated: , 2009 Peter B. Tiede (#245094) Amy Michelle Kaldor (#308432) Murnane Brandt 30 East Seventh Street, Suite 3200 St. Paul, MN 55101 (651) 227-9411 Counsel for Defendant Nathan Shanklin QJRDER The undersigned, being one of the Judges of the above-entitled court, based upon the dismissal of the action through counsel, hereby orders the above matter to be dismissed, including all cross-claims the Defendants, with prejudice without costs or disbursements to any Fw1y. LET juDGAffim BE ENTERED ACCORDINGLY. Dated: 12009 BY THE COURT William Howard District Court Judge of Claims Dated: Matthew J. Phillippi STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this of , Matthew J. Phillippi, a single person, appeared before me and executed the foregoing instrument before rne. Notary Public 1 CADocuments and Settingg\Roland J. FaricyWy Documentslrelease-drft9422.doe ALLOCATION AGREEMENT 1. City of Shorewood - $3500, plus 3/8 of the Fees. 2. Nathan Shanklin - $1000 plus 3/8 of the Fees. 3. Peter and Claire Killen - $500 plus'/4 of the Fees. City of Shorewood Nathan Shanklin Peter and Claire Killen MEMORANDUM FOR COUNCIL ACTION TO: City Council e FROM: Brian Heck, City Administrato DATE: April 17, 2009 SUBJECT: SouthShore Community Center The SouthShore Community Center working group met on Thursday, April 30 to discuss the RFP responses and began to discuss possible options regarding management and funding. The consensus of the group is to work out a management agreement with Community Rec. Resources for the operation and programming at the Center. The outline of this agreement will be based on the RFP response submitted by CRR and will run for 42 months (approximately 3.5 years). The group discussed ideas around a management group concept as well as an advisory board to work with the management group on programming and related issues. The advisory board was indicated in the proposal from CRR and all members felt the advisory board to be a good idea. As for the management or operational committee, the thought was to provide seats on a seven member board based on share of contribution, usage, population, or some other factor. Essentially all members get one member and two other cities receive an additional voice/vote on this oversight board. The group then began to discuss the options for funding the "gap" left between projected operational costs and revenue. The projected gap for the first full year is just over $26,000 according to the proposal issued by CRR. Some thoughts for bridging this gap included selling memberships, corporate sponsorships, restructuring rental rates, and city contributions. The group focused on what method or formula the cities should use to allocate any gap left as the responsibility of the cities. A wide variety of possible formulas were discussed including ad-valorem, population,, usage, housing units, population by age, and combinations of these. In listening to the varied opinions of the members, it appeared to me there were three main concerns regarding the funding: usage, distance, and ability to pay. In this case, 4l MEMORANDUM --2-- I have taken all these areas into consideration and arrived at the formula with the corresponding percentages on the attached spreadsheet. I also calculated board membership using the final contribution percentage. As this formula uses data that can change over time, I would suggest a "refresh" of data on a periodic basis, similar to what is called for in the Police JPA; the formula doesn't change, only the data changes. I know there will be other proposals for possible funding; this is only one possible option. At the end of the meeting the group found itself looking at two approaches regarding the SouthShore Community Center. One approach considered the willingness of the City of Shorewood to take over sole operation and management of the center and under what conditions the City would take on this responsibility. The other approach was to continue to work toward a cooperative resolution to the funding issue and move ahead as the five or fewer cities. Approach #1- Continued Joint Partnership The cities continue to work in good faith to create a new operational model and funding mechanism that takes in to account aspects such as population, ad valorem, housing units, distance from center, etc. The group did discuss the issue of usage and if that should be considered as a factor; however, usage is a difficult element to determine with any amount of accuracy as there are many variables that come into play that can skew the results. One item not considered, but one that might be worth including, is a city's net levy in comparison to the total levy of all participating cities. This would get to the cities "ability to pay". In order to make a joint partnership work, all parties have to be willing to give a bit and commit to working together. Approach #2 - Shorewood Management and Operation The suggestion one city put forth is for the City of Shorewood to assume complete responsibility for the operation and management of the Community Center and be the single point of contact. Other cities would then contribute to the operation of the center according to how much value they placed on the center. Before going this route, the City of Shorewood would outline the conditions under which the City would assume this responsibility. Conditions could include: 1. How much, if any, each city receives for Shorewood acquiring the building. 2. What, if any, annual support or contributions other cities would make to the operation of the center, 3. Ownership i.e. would Shorewood own the center. 4. Flow the future of the Center is determined. 5. Flow fees and charges are set. Action Items The following items should be considered for action: 1) Approve the recommendation of the working group to hire Community Rec. Resources to provide management and programming services for the Community Center and authorize the City Administrator to work with representatives of the other cities in drafting a management agreement based on the RFP response submitted. 2) Discuss and consider adopting the attached resolution indicating the City supports the use of the facility first and foremost as a community center. 3) Discuss how the City Council wishes to proceed with the other Cities on this venture. Does the City want to continue with joint ownership and operation of the Center and if so, what makes sense regarding cost sharing and management? Or, does the City want to consider going it alone and under what conditions would the city consider doing so? The consideration for the City of Shorewood to take on responsibility of the Center might appear to be the best solution given the difficulty of gaining consensus of the other cities; I am not sure the perceived "reward" outweighs the significant financial risk. In this particular case, working to maintain the partnership with the other cities should be the first course of action; taking sole responsibility of the Center should be considered as a last resort and only if the potential financial risk is significantly reduced. J NUJ --4-- A RESOULUTION IN SUPPORT OF THE USE OF THE SOUTHSHORE CENTER AS A COMMUNITY CENTER WHEREAS, the cities of Deephaven, Excelsior, Greenwood, Shorewood, and Tonka Bay participated in a Cooperative Venture since 1996 to build the SouthShore Senior Center; and WHEREAS, the operation, care, maintenance, and programming of the Center was turned over to the Friends of the SouthShore Senior Center ("Friends"); and WHEREAS, the dissolution of the Friends has placed the operation, care, maintenance and programming in to the hands of the member Cities; and WHEREAS, the Center is a valued resource in the South Lake area. NOW, THEREFORE, BE IT RESOLVED, by the City of Shorewood that the Shorewood City Council support the use of the Center first and foremost as a Community Center and pledge to seek common ground with the other cities to ensure its success. 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'X 7 DATE: May 6, 2009 TO: Mayor and City Council Members FROM: Jean Panchyshyn, Deputy Clerk PI CC: Brian Heck, City Administrator James Landini, City Engineer Larry Brown, Director of Public Works RE: INFORMATION ITEM: TOUR DE TONKA BIKE RIDE SATURDAY, AUGUST 1, 2009 Tim Litfin, Director of Minnetonka Community Education, has informed the City of the fourth annual Tour de Tonka Bike ride. The attached correspondence from Mr. Litfin describes the event. Both the SLMPD and EFD have been made aware of this event. The event has a total of five ride routes. Four of these routes travel through Shorewood. One of the routes, the 38-mile route, is scheduled to travel on a couple of streets in Shorewood that are to be sealcoated this summer. These streets include Edgewood Road and Howards Point Road. As we may only have a few days notice as to when the sealcoat rock will be placed, Staff has informed Mr. Litfin of this sealcoat project, and recommended that an alternate route be identified for this portion of the race, should the sealcoat rock be in place on August 1. Staff will keep Mr. Litfin informed of the sealcoat project schedule. ® PRINTED ON RECYCLED PAPER Fri : Pletsch, Gwynn [mailto:Gwynn.Pletsch@minnetonka.kl2.mn.us] Sent: Monday, March 09, 2009 4:55 PM To: Brian Heck Subject: FW: Tour de Tonka Bike Ride Approval for Saturday August 1 Dear Brian: The fourth annual Tour de Tonka bike ride is set for Saturday August 1. The event begins in Minnetonka at the Minnetonka High School at 7:30 am, and does travel through your city per the attached map(s). Tour de Tonka is coordinated by Minnetonka Community Education, and benefits the ICA Food Shelf and community education activities. This letter and its attachments are provided to seek permission from the city for the event. This year there are four different ride (not race) distances: 16, 38, 62 and 75 miles. Last year we had 1,881 total riders. Not all riders come through your city (see the attached graph depicting which ride distance actually does come through your city limits). I will list the distances and the number of riders we had in 2008 that participated in that distance: 15 mile ride (which is now a 16 mile ride) 420; 33 mile ride(which is now a 38 mile ride) 880; and the 65 mile ride (which is now a 62 mile ride with an option of 75 miles) had 581 riders. I am anticipating a similar number of riders this year with a slight increase, however the 2009 ridership number will not be known until ride day. All pertinent route maps are attached. My assistant, Gwynn Pletsch, is in the process of contacting your administration staff regarding whether we need to fill out a special event application and/or pay a special event fee where applicable. The law enforcement organization in your community has already been contacted for both awareness and support. Tour de Tonka will have many volunteer corner guards in place as well as police reserves to insure the safety of both riders and motorists. Also, ambulance and Fire Departments are on notice and will help supervise and respond if necessary. Last year there were a total of 250 volunteers working the event. I look forward to hearing any questions or concerns that you may have. Thank you. Sincerely, Tim Litfin Director, Minnetonka Community Education a--r C N a) O E E O U U co C O a) O 0 0 N 0 c 0I ca .U N U G a) n~ W Q) C L- 0 a) U X W O C tt5 0 n C a) c~ m ljc~ U) n3 U c a~ U) m C m -C I U cu IN" m ~I 0 U t6 m L 0 U m m Rf C O U m .E O m co O 0 a) L- 0 vJ 0 C- 0 O O o c L- O (6 O > ~ O U t1 _ .Y e L~.-,r.nl.:y a Rd X1,7 ..r:A l~ i t i h j, _l T 2 f d i~n 1 ;,.1 r71 r 1N Rd 4 ,I X r r. r~ Y Nd z Frrc? `f, ~ per Q~ r Ili P1 41t it cjp~; LJ L ~ - y QJ r rC _ N LuJ it t: :J m O r- ~ u N m 00 M Y . av u J ~ w ~ X J ± ® L 0 . N ~C w L c V1 V N ,ter n ~l r ai ~ n d R1 a Q f lu~~:e _k Tc. I ~J ~ r l - - G 2 - a rk Eii; ,'I y ~ ~ - 6 n O 7•;' i~r'~: rte-. v ~ ~ _ 57 C T' N C 77 1 v, FIT UI ~ ~ 1 tf ~J G r LL_ ' LJ L C t ~ T r ~ ~ 0 , h L'J ^7 ~ r ~ L tJ~ art',i by t ~ n! lJ J 'Y LLLLU JJII n CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MAY 1, 2009 PUBLIC SIGN-IN SHEET For the record, please Lint your name and address below. 'T'hank you. Name Address 1. '4d N , J/ r 2. 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