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02-27-12 Regular Mtg Agenda
CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, FEBRUARY 27, 2012 AGENDA 1. CONVENE CITY COUNCIL MEETING A. Roll Call 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. Mayor Lizee Hotvet Siakel Woodruff Zerby B. Review Agenda 2. APPROVAL OF MINUTES A. City Council Work Session Meeting Minutes, February 13, 2012 B. City Council Regular Meeting Minutes, February 13, 2012 3. CONSENT AGENDA - Motion to approve items on Consent Agenda & Adopt Resolutions Therein: NOTE: Give the public an opportunity to request an item be removed from the Consent Agenda. Comments can be taken or questions asked following removal from Consent Agenda A. Approval of the Verified Claims List B. Approval of Preliminary Plat — Christmas Lake Estates C. Organic Recycling Program Update 4. MATTERS FROM THE FLOOR (No Council action will be taken) 5. PUBLIC HEARING 6. REPORTS AND PRESENTATIONS A. Sue Hnastchenko of the South Tonka League of Women Voters will speak about the proposed Constitutional Amendment for Voter ID 7. PARKS A. Report on February 14, 2012, Park Commission meeting Attachments Minutes Minutes Claims List Planning Director's memo, Resolution Recycling Coordinator's memo CITY COUNCIL REGULAR MEETING AGENDA — FEBRUARY 27, 2012 Page 2 of 2 Attachments B. Ice/Warming House Policy Administrator's memo 8. PLANNING A. Report on February 21, 2012, Planning Commission Meeting B. Minor Subdivision/Combination and Lot Width/Area Variance Planning Director's Applicant: Michael and Elizabeth Cannon memo, Resolution Location: 28170/28180 Woodside Road 9. ENGINEERING /PUBLIC WORKS A. Accepting Plans, Specifications and Authorizing Advertisement for Bids for Engineer's memo, Mill & Overlay of Streets in 2012 Resolution 10. GENERAL /NEW BUSINESS A. Appointments to the Park Commission Deputy Clerk's memo, Resolution B. Appointments to the Planning Commission Deputy Clerk's memo, Resolution C. Hennepin County Dispatch Charges Administrator's memo 11. OLD BUSINESS 12. STAFF AND COUNCIL REPORTS A. Administrator and Staff 1. GreenStep Cities Program Update 2. Department Project Updates B. Mayor and City Council 13. ADJOURN CITY OF SHOREWOOD 5755 Country Club Road • Shorewood, Minnesota 55331 • 952- 960 -7900 Fax: 952- 474 -0128 • www.ci.shorewood.mn.us • cityhall @ci.shorewood.mn.us Executive Summary Shorewood City Council Regular Meeting Monday, 27 February, 2012 7:00 p.m. 5:00 p.m. — Council will interview candidates for the Park and Planning Commissions. 6:00 p.m. - Council Work Session is scheduled this evening Agenda Item #3A: Enclosed is the Verified Claims List for Council approval. Agenda Item #313: At its last meeting the City Council directed staff to prepare a resolution approving a preliminary plat for the Christmas Lake Estates subdivision on Christmas Lake Road. A draft resolution is attached for your consideration. Agenda Item #3C: Approving the pilot program for zoned collection of organics to a portion of the city for one year. Agenda Item #5: There are no public hearings scheduled this evening. Agenda Item #6: Sue Hnastchenko from the South Tonka League of Women Voters will speak about the proposed Constitutional amendment relating to Voter ID. Agenda Item #7A: Park Commissioner Nick Swaggert will report on the recent Park Commission meeting. Agenda Item #713: Consideration of a policy relating to the maintenance and operation of the city's ice rinks and warming houses. Agenda Item #8A: Planning Commissioner Sue Davis will report on the recent Planning Commission meeting. Agenda Item #813: Mike Cannon has requested approval of a minor subdivision/combination (lot line rearrangement) for the properties at 28170 and 28180 Woodside Road. Although the rearrangement technically requires lot width and area variances as described in the staff report, in the end better compliance with zoning standards is achieved. The Planning Commission voted unanimously to approve the request. A draft resolution is included herein for your consideration. Agenda Item #9A: The City of Shorewood encumbered $298,000 in the capital improvement plan for the road maintenance within the City for Mill and Overlay. Staff proposes to mill & overlay Clover Lane, Club Lane, Elder Turn, Knightsbridge Road, Lakeway Terrace, Pleasant Avenue, Tee Trail, Wood Drive and Wood Duck Circle. Staff recommends adopting a resolution approving Executive Summary — City Council Meeting of February 27, 2012 Page 2 of 2 plans and specifications and authorizes advertisement of bids for this mill & overlay project. If approved, bids will be opened on Monday, April 2 at 10:00 a.m. Agenda Item #I OA: Consideration of appointments to the Park Commission for the period March 1, 2012 — February 28, 2015. Two seats are open on the Park Commission. Agenda Item #IOB: Consideration of appointments to the Planning Commission for the period March 1, 2012 — February 28, 2015. Two seats are open on the Planning Commission. Agenda Item #IOC: Consideration of continuing to support the Hennepin County dispatching services and a new facility without cost to communities to which the County provides dispatch services. Agenda Item #11: There are no items of new business this evening. Agenda Item #12A: Administrator and Staff updates will be provided. #za CITY OF SHOREWOOD CITY COUNCIL WORK SESSION MONDAY, FEBRUARY 13, 2012 MINUTES 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 6:00 P.M. 1. CONVENE CITY COUNCIL WORK SESSION Mayor Lizee called the meeting to order at 6:09 P.M. A. Roll Call Present. Mayor Lizee; Councilmembers Hotvet, Director DeJong; Planning Director N1 Engineer Landim Absent: Councilmember Woodruff Also Present: Deputy Clerk Panchyshyn; Con Chief Gerber; Park Commission( B. Review Agenda Hotvet moved, Siakel seconded, approving the 2. PRESENTATION OF CITY SURVEY RESULTS and Zerby; Administrator Heck; Finance Director of Public Works Brown; and �oosdinator Moore; Excelsior Fire District Kjolhaug, and Quinlan Motion passed 4/0. Administrator Heck introduced Laurie Urban with the National Research Center (NRC). Ms. Urban is going to present the results of the City survey conducted by NRC. Ms. Urban stated the City of Shorewood is among an elite group of jurisdictions that survey their residents to find out what the residents think. These types of surveys promote transparency and accountability in jurisdictions. The City survey conducted measures things such as quality of life, quality of services, public trust, trust of the government, rating of City employees and so forth. The survey serves as a window into the City's performance. The survey is a perception survey; it answers the "what's" not necessarily the "whys." The highlights of Ms. Urban's "presentation are as follows. • The results of the survey can be used to: monitor trends in residents' opinions over time; measure government performance; make informed budget, land use, and strategic planning decisions; and, benchmark service ratings against other jurisdictions. • The survey was mailed to 1,330 randomly selected households in the City. Of those, 613 residents returned the completed survey for a response rate of 47 %. NCR typically sees response rates in the 25% — 40% range. NRC weighted the results to represent the demographic profile of City. The margin of error of is + / — 3 percent for the entire survey sample. For subgroups, the margin of error is higher. CITY OF SHOREWOOD WORK SESSION MEETING MINUTES February 13, 2012 Page 2 of 5 • Ninety -six percent of the respondents said the overall quality of life in the City was excellent or good. Ninety -seven percent rated the City as an excellent or good place to live and to raise children. Ninety -two percent rated their neighborhood as an excellent or good place to live. Sixty -nine percent rated the City as excellent or good place to retire. These ratings are much higher than the national and small city benchmarks. Ms. Urban stated that a small city is a jurisdiction with a population of less than 10,000. • The survey asked about 23 community characteristics. • The four highest rated community characteristics were: air quality (93 %); quality of overall natural environment in the City (91 %); overall image /reputation of the Cite (90 %); and, educational opportunities (86 %). These ratings were much higher than the national and Small city benchmarks. • The four lowest rated community characteristics were: sense of community (60 %); ease of walking within the City (57 %); availability of affordable quality child care (57 %); and, availability of affordable quality housing (54 %). • With regard to aspects of community character — 93% strongly or somewhat agreed that the City is a safe community with a low crime rate; 85% strongly or somewhat agreed that the City offers the best schools; 82% strongly or somewhat agreed that the City provides and protects open space; and, 61% strongly or somewhat agreed the City has tight -knit neighborhoods. • With regard to frequency of contact with neighbors 48% said they have contact with their neighbors at least a couple times a week. The City compares similarly to the national benchmark but lower than the small city benchmark. • With regard to safety — 97 % said their neighborhood is very or somewhat safe during the day; 95% said they are very or somewhat safe from violent crime; 93 % said they are very or somewhat safe from environmental hazards; 92 % said they are very or somewhat safe in their neighborhood after dark; and, 89% said they are very or somewhat safe from property crimes. All are much above or above the national and small city benchmarks. • The five highest community, participation activities were recycling (96 %); reading the City's newsletter (95 %),; providing help to a friend or neighbor (94 %); visiting a City park (87 %); and, visiting the City's website (61 %). For seven of the 12 activities, about two - thirds said they never participated in any of them even once over the last 12 months. • The five highest community participation program and events were — Music in the Park (23 %); Artie Fever (10 %); NICE Summer Rec Program (8 %); free Fridays in Freeman Park (7 %); and, Oktoberfest (7 %©). About 60 %© said they never participated in any of the 13 activities even once over the last 12 months. ■ The four highest uses of City recreation facilities were — paths / trails (80 %); playground equipment (38 %); ice skating area (26 %); and, warming house (22 %). About 14% said they never used in anv of the facilities once over the last 12 months. • With regard to the spring clean -up drop -off program — 43% participated. Of them 94% thought the ease of use was excellent or good; 89% thought the convenience of the drop -off location was excellent or good; and, 74% thought the cost of disposing of items was excellent or good. • With regard to the overall quality of services provided — 80% rated the quality as excellent or good. The ratings were above the national and small city benchmarks. • The four highest rated services provided by the City or special districts were — Fire District's response to calls (98 %); public schools (96 %); City parks (94 %); and Fire District's services overall (93 %). Of the 36 services provided, 26 received excellent or good ratings from two - thirds or more of the respondents. Overall most of the services were much above or above the benchmarks. • The four lowest rated services provided by the City or special districts were — street lighting (48 %); street resurfacing (45 %); street maintenance /repair (44 %); and, cable television (39 %). • With regard to code enforcement issues such as rundown buildings, weed lots, junk vehicles, etc, — 85% thought this was not a problem or the issues were minor. CITY OF SHOREWOOD WORK SESSION MEETING MINUTES February 13, 2012 Page 3 of 5 • With regard to municipal water — 46% have municipal water. Of those — 94% rate the dependability of service as excellent or good; 78% rate the quality as excellent or good; and, 48% rate the cost as excellent or good. The reasons for not connecting to municipal water were — 69% had no connection was available; 27% thought it was too expensive; 19% had some other reason; and, 7% were concerned about municipal water quality. • Identifying the most important characteristics of a transaction or product is called a Key Driver Analysis (KDA). The key drivers come from statistical analyses of the predictors of behaviors. Nineteen of the 36 services were included in the KDA for the City. Three of the services were identified as key drivers of overall quality of services for the City snowplowing on City streets; storm drainage; and, land use, planning and zoning. Each key driver was rated much above the national benchmark. • With regard to City employees — 54% of the respondents said that had contact with an employee in the last 12 months. Of those — 8 in 10 or more rated the employee's courteousness, knowledge, responsiveness, timeliness, follow -up, and their overall impression of the interaction as excellent or good. Where benchmarks were available, the ratings were much higher than the national and small city benchmarks. • With regard to government performance —67% rated the overall direction the City is taking as excellent or good; 62% rated the opportunities to participate in City government decisions as excellent or good; 59% rated running Shorewood's local government in the best interest of residents as excellent or good; 56% rated the value of services for the taxes paid as excellent or good; 53% rated the City's government as an example of how best to provide services; and, 53% rated the City's elected officials' consideration of what people like themselves think as excellent or good. Overall, the ratings were much above or above the benchmark. • With regard to aspects of City administration performance 78 % rated the quality of the City's website as excellent or good; 70% rated the online services available on the City's website as excellent or good; 69% rated public meetings about City plans as excellent or good; 63% rated response to resident complaints and concerns as excellent or good; 62% rated information about City plans and programs as excellent or good; and, 57% rated the City's transparency and accountability as excellent or good. There were no benchmarks to compare to for these. • With regard to the importance of six potential general improvements over the next five years — 76% rated road improvements as essential or very important; 67% rated environmental improvements e.g., diseased trees, lake water quality as essential or very important; 52% rated expanding trails and walkways as essential or very important; 47% rated municipal drinking water system improvements e.g., expansion additional treatment as essential or very important; 28% rated park improvements as essential or very important; and, 21% rated expansion of recreational and social programs for all ages as essential or very important. • With regard to the importance of seven potential park and recreation projects — one -third or more of the respondents indicated that each of the seven was not at all important. Of those that indicated there is some importance — 25% rated programs for seniors and older adults as essential or very important; 19% rated lights on balls fields at Freeman Park as essential or very important; 18% rated new recreational /Community Center programs as essential or very important; and, 14% rated updated skate park facilities as essential or very important. No respondents indicated they had used the skate park in other questions. • With regard to support for or opposition to five City initiatives — 89% strongly or somewhat support increasing recycling options for residents; 82% strongly or somewhat support providing organic material collection; 78% strongly or somewhat support encouraging more community gardening; 76% strongly or somewhat support increasing environmental education and public awareness programs; and, 50% strongly or somewhat support having a single trash hauler contracted by the City rather than multiple haulers. CITY OF SHOREWOOD WORK SESSION MEETING MINUTES February 13, 2012 Page 4 of 5 With regard to residents' awareness about City issues and operations — 43% indicated they were either very or moderately informed. With regard to internet access from home — 94% responded they have access with 52% through cable, 45% through DSL and 26% through cell phone /PDA. With regard to how frequently respondents used 10 different sources to get information about the City in the last 12 months —91% used the City's newsletter; 87% used word of mouth; 75% used the Sun Sailor newspaper; 64% used the City's website; 48% used the Excelsior Bay Times newspaper; 46% used the Laker newspaper; 40% used email messages; 30% used local cable government access stations; 18% used social networking sites; and, 14% used the Lake Minnetonka Communications Commission website. Ms. Urban noted that because Staff and Council have much more different conclusions than NRC has. She reviewed the conch survey data. NRC concluded residents enjoy a high quality highly, feel safe, have quality interactions with City employe and special districts very highly. Opportunities for improvemf increasing and enhancing communications with residents, affordable and desirable place to retire. Jge about the City they may draw came to after reviewing all of the the community's characteristics the services provided by the City include increasing the sense of community, . making changes that make the City an Ms. Urban stated she would entertain questions now. Director DeJong asked Ms. Urban what the resul strongly support and 29% indicating they would by the City meant. Ms. Urban explained that be opposition to, the results are basically a toss up. difficult to gain support for doing that. She tl jurisdictions and found it to be a difficult sell. only 21 % of the respondents indicating they would ghat support having a single trash hauler contracted those results were split between support for, and stated because of the split she thought it would be oted NRC has asked the same question in other Councilmember Siakel stated Council has discussed that initiative. She then stated if the City eventually wants to go to a single trash hauler there would be value in educating residents about the rationale for considering that little by little. She noted that an article published in the Star Tribune newspaper last fall stated Shorewood was number three community in the terms of recycling. Even though the residents in the City do a good job of recycling some indicate they want even more recycling opportunities. EFD Chief Gerber stated as people's lives have continued to become busier he asked Ms. Urban if NRC has found the sense of community to lessen at the same time. He then asked if the low rating for the characteristic of sense of community is unique for Shorewood. Ms. Urban explained NRC has asked the question about sense of community characteristic throughout her 10 -year tenure with NRC in many communities across the nation. Generally, ratings of that characteristic remain stable and continued to do so even after the economic downturn. Because it is a perception survey, there is no way to know what is behind the residents' ratings of sense of community. She noted the City's rating is similar to the national benchmark but lower than the small city benchmark. Because residents tend to know each other in smaller communities there could be an opportunity to improve the residents' perceptions of sense of community. Mayor Lizee stated the survey provided an area for responders to write comments. She asked if for sense of community people identified events in the other four cities also considered part of the South Lake community. She asked if more information would help solidify a Shorewood identify. Ms. Urban stated the survey did not ask questions specific to those areas. Ms. Urban then stated the survey did ask one open ended question asking residents if they had any other comments they would like to add. NRC did not do an CITY OF SHOREWOOD WORK SESSION MEETING MINUTES February 13, 2012 Page 5 of 5 analysis of the responses to that question. The responses were provided to Administrator Heck and she thought he analyzed them. Councilmember Zerby asked if the information is available on a location basis, noting that Shorewood is 7 miles long and 1 mile wide. The City was developed at different times; east versus west. There is some dichotomy between the east side of the City and the west side. Ms. Urban noted that for this survey NRC did not do any geographic tracking. Shorewood staff did not think there was a need to do that for this survey. Ms. Urban explained because the surveys are confidential, NRC did not collect residents' address information. Mayor Lizee asked Mr. Urban how frequently other cities conduct surveys. Ms. Urban stated generally every two years. NRC has some clients that do a survey every year alternating between a general survey and a policy related survey. Councilmember Siakel stated she thought there could be value in doing another general survey in five years. She then stated there could be value in doing a survey specifically related to municipal water, which is a very complicated topic. Ms. Urban stated NRC offers short follow -up surveys to the general survey. She said these are web based. NRC sends out a postcard to randomly selected households with a link to a website to complete a short survey. Mayor Lizee stated the City discussed doing a survey for years and she thought the decision to use NRC proved to be a great decision. She thanked staff, Council, the Commissions, and the residents that took the time to answer the survey. She commented that in casual encounters with residents they commented to her that they received the survey and although they thought the survey was quite long, they did complete it. She stated the results were fantastic and she ,again thanked the residents for taking time to complete the survey. Ms. Urban reiterated the response rate to the survey was terrific. She stated out of all the other jurisdictions she has worked with there is only one other that nets a response rate similar to Shorewood's. Mayor 3. ADJOURN Siakel moved, Zerby seconded, adjourning the City Council Work Session of February 13, 2012, at 6:48 P.M. Motion passed 4/0. RESPECTFULLY SUBMITTED Christine Freeman, Recorder Christine Lizee, Mayor ATTEST: Brian Heck, City Administrator /Clerk #ZB CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, FEBRUARY 13, 2012 MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING Mayor Lizee called the meeting to order at 7:00 P.M. A. Roll Call Present. Mayor Lizee; Councilmembers Hotvet, Siakel, 7:30 P.M.); City Administrator Heck; Financ( Nielsen; Director of Public Works Brown; and Er Absent: Councilmember Woodruff B. Review Agenda Mayor Lizee stated that Staff has asked Item 10.D be removed fro Councilmember Siakel asked that Item I LB Trail Plan Clarificab Hotvet moved, Zerby seconded, approving the agenda as ame 2. APPROVAL OF MINUTES 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. Keane (arrived at Planning Director Landim be added to the agenda. A. Motion passed 4/0. A. City Council Work Session Minutes, January 23, 2012 Siakel n 2012, as Council Work Session Minutes of January 23, B. , City Council Regular Meeting Minutes, January 23, 2012 Zerby moved, Hotvet seconded, Approving the City Council Regular Meeting Minutes of January 23, 2012, as presented. Motion passed 4/0. 3. CONSENT AGENDA Mayor Lizee reviewed the items on the Consent Agenda. Zerby moved, Siakel seconded, Approving the Motions Contained on the Consent Agenda. A. Approval of the Verified Claims List B. 2012 Pay Equity Report Motion passed 4/0. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES February 13, 2012 Page 2 of 21 4. MATTERS FROM THE FLOOR George Greenfield, 24715 Yellowstone Trail stated he received a letter from Administrator Heck in response to questions he raised during the January 23, 2012, Council meeting. He asked Mayor Lizee if she reviews items that are sent out under City letterhead; in particular that letter from Heck. Mayor Lizee stated she reviews things in advance of them being sent out if they have her name on them. Mr. Greenfield stated it did not have her name on it. Lizee stated then she probably didn't review the letter. Mr. Greenfield stated he had questions about the tone and the substance of the letter. He asked if the letter is an accurate characterization of what happened in relation to the letters that were mailed out to the west Yellowstone Trail neighborhood. He stated the City came to an agreement with a private citizen to surreptitiously send a letter promoting a particular policy under the guise of neighborly concern. The result of that letter has been to sow division and suspicion in his neighborhood. He asked if there was any thing about that that is inaccurate. Administrator Heck stated the answer to that is unequivocally no. Administrator Heck explained the resident who sent out the initial letter presented Council with a petition to have municipal water extended to the neighborhood during Council's November 14, 2011, work session. Council discussed the petition during its November 28, 2011, meeting. Council encouraged the resident to essentially take the petition back and work with staff to put on a community meeting for the residents in the area to talk about municipal water. In that context staff worked with the resident and mailed out the letter the resident had already delivered to some of the residents in the neighborhood regarding the petition. Staff did not participate in writing that resident's letter. Staff provided the mailing list and postage to mail the letters. When he found out what letter was mailed out he explained to staff that the City's role was to help the resident send information out about municipal water and to provide the Southshore Community Center as a place for those residents to gather to talk about municipal water. Mr. Greenfield stated he lives four doors down from the woman who wrote the letter and she never asked him and his wife to sign the betition. Administrator Heck explained it's his understanding that woman had put some information into residents' mailboxes and the postal carrier removed the information because it didn't have proper postage on it and returned it to that individual. Engineer Landim stated that is what he had been told. Mr. Greenfield stated therefore the neighborhood was not 'alerted to the matter. Heck stated some residents did get the information including the City's pamphlet about municipal water. Mr. Greenfield asked why the letter didn't indicate the City is cooperating with the woman who wrote the letter. Administrator Heck noted he did` not review the letter and staff did not produce a letter inviting residents to a meeting. Staff did what Council asked it to do which was to work with the resident to provide the meeting space and to schedule the appropriate people to be present at a meeting to talk about municipal water. That meeting has not taken place. Mr. Greenfield stated from his vantage point there is a kind of secrecy involved in this that approaches being an ethical lapse. He suggested it be addressed. Mayor Lizee stated she appreciated Mr. Greenfield taking the time to come before Council and share his opinion. Lizee noted there is nothing secretive or surreptitious happening with the Council when a resident comes to a public meeting to present a petition and wants to find out how best to contact her CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES February 13, 2012 Page 3 of 21 neighbors. That was done during an open meeting that was televised and had minutes prepared for it. Things were out in the open. Mr. Greenfield stated he thought the letter writer should have indicated in her letter that the City paid for the postage and helped her do the mailing. She presented it under the guise of neighborly concern. Mr. Greenfield then stated the letter from Administrator Heck indicates that statements that Mr. Venero attributed to Engineer Landim in his letter are accurate. From his perspective those statements indicate a misunderstanding about the purpose of government which as he understands it is to promote and expand the public good. To think of the City as an enterprise that operates as a business, either the City as a whole or any part of it, is a misunderstanding of what government should be. From his vantage point some reeducation is necessary. He noted he doesn't want his City acting as a corporation which in many instances has no regard for the public interest. He indicated he thought there is a conflict that needs to be addressed. Mr. Greenfield went on to state that he had asked if the Cit information about the amount of chemicals and fertilizer its water it uses annually. Administrator Heck's response was in has no interest in public health and no interest in the exprof he called his Attorney General and his state representative ai wells private or other wise. He has not gotten an answer. His water in lakes and rivers is owned by the public. Mr. Greenfield also stated that from his to the Country Club property could be affected b then leach into their well water supply. That is a golf course as a luxury item. If the Country Club than it is deserving of that is a matter of public p wells to go dry because the Country Club is wa having been thunderstorms. For those questions him as being right. 7' could' require the Country Club to provide puts on the golf course and how much well �. He infers from that response that the City riation of public owned resources. He noted id asked who owns the water that is used by stated his representative did tell him that the ✓e it makes common sense that the people who live next , the chemicals that are put down on the golf course and legitimate public health concern. He noted he views the is expropriating public resources in a proportion greater Dlicy. , He doesn't want his well or any of his neighbors' Bring its golf course six hours per day right after there to be dismissed with an unexplained no doesn't strike Administrator Heck explained the City does operate a few enterprise operations. The water system and the sanitary sewer system are enterprises. They are not supported by the general tax levy. They are paid for by user fees which are established and set by Council. The dollars generated by the user fees and charges go' back into their respective fund to pay for the upkeep and maintenance of the system. The storm water system and the recycling program are also classified as enterprise. Heck explained the Country Club has private wells. The City has very little authority with regard to monitoring, regulating and enforcing public health issues on private wells. The City can't monitor water consumption from residential wells. For large enterprises the Minnesota Department of Natural Resources (DNR) does regulate and monitor the volume of water drawn from the aquifers. The Minnesota Department of Public Health monitors wellhead protection which the City has to do on the public side to monitor the level of contaminants in public water. If the Country Club does extract a defined amount of water from the aquifer it has to produce a report for the DNR. If it extracts less than that defined amount it doesn't have to produce a report. The DNR monitors the commercial use of water from aquifers. Mr. Greenfield asked who measures the amount of water drawn from the aquifers. Administrator Heck stated he does not know. Mr. Greenfield stated the answers Heck provided sound like reasonable answers. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES February 13, 2012 Page 4 of 21 Mr. Greenfield stated from his perspective he and all the citizens in the City should equally share all City expenses. He cited an example in the City of Edina where owners of properties adjacent to a street needing major repairs were going to be assessed for that rather than the Edina community as a whole paying for them. He stated he does not think that is right. He then stated all residents should have a common responsibility for the common good of the community. He then cited the problem in the City of Cottage Grove where its water system is compromised because of chemical contamination by an industry in that City. He asked why the County Club should be able to put down a lot of chemicals that can leach into the aquifers with impunity. Mayor Lizee stated the concern about putting chemicals down on the ground applies to residential properties as well. It's the responsibility of the home owner or business owner to properly apply any chemicals used in lawn maintenance. She noted the City drove the phosphorous free fertilizer regulation for the State many years ago. She explained when the City permits lawn" fertilization application service providers they are told they can only apply phosphorous free fertilizer, and they are strictly regulated and controlled. She expressed hope that commercial businesses are as concerned about ground water as everyone present is. Mr. Greenfield stated he thought it admirable that the City has regulations on commercial lawn fertilization businesses. He asked why the City doesn't hold the Country Club to the same standards as the commercial lawn applicators. Mayor Lizee stated she is not prepared to answer that this evening. Mr. Greenfield stated he is anxious for M meeting with residents in his neighborhood damaged relationships in his neighborhood t: Mayor Lizee thanked Mr only received respons traffic and danger on Mayor Lizee and Cou: inistrator Heck stated he has knows there have been tr development and another Director Nielsen explained the Road 19 and Smithtown Roa completed. for coming stated He asked I to get him information about the forth coming tcipal water. He reiterated the letter situation has ale will now be suspicious of future proposals. an email to all of the Councilmembers but he Woodruff. His email was regarding increased iv Councilmember did not receive the email. they do not recollect seeing it. the opportunity to talk with staff about this. He then stated he for County Club Road. One was done prior to the CUB Foods counts taken before the improvements to the intersection of County about 1,000 thousand higher than after the improvements were Director Brown stated before improvements were made to that intersection the traffic engineer (WSB & Associates) conducted an origin destination study. It assessed how vehicles traveled through the area and where they were headed to. The study determined that 40 percent of the traffic that was using that route prior to the improvements to the intersection was headed southbound on Highway 41. After reviewing the study data the then Council decided to have a no- right- turn -on -red sign installed at the northwest corner of the intersection. It was thought at that time if 50 percent of the cut -thm traffic could be deterred that would be admirable. A concerted effort was made to encourage drivers to stay on County Road 19, the collector route, to access Highway 7. He noted that a certain percent of the traffic used the route so they could go eastbound on Highway 7 and try to beat the traffic. He also noted that the route is a thm route and it is considered a State aid route. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES February 13, 2012 Page 5 of 21 Mr. Miernicki asked when the last traffic study was done. Director Brown stated he is not sure while noting counts have been taken after the improvements were made to the intersection. Mr. Miernicki then asked if anyone thinks it is safe to walk along Country Club highway, noting it is a highway from his perspective. He stated no one obeys the no- right- turn-on -red sign, the no -thru street sign, or the speed limit. He noted he has spoken with South Lake Minnetonka Police Department ( SLMPD) Chief Litsey about speeding on Country Club Road. The Chief acknowledged speeding is a problem. He stated he has asked the SLMPD to have a patrol officer park in his driveway to monitor traffic speeds and told them that within five minutes they would catch a driver going 50 miles-per-hour (mph). One time within a minute of parking in his driveway the patrol officer stopped someone for speeding. Mr. Miernicki stated he has almost been hit by a car twice while feels safe when doing that. He asked if the intent is to wait to m person gets hit by a vehicle and is seriously hurt. He noted 1 Commissioner Callison and she told him she thought there is a mz Club Road and that traffic route. He stated residents are very upse route. He then stated Badger Park and the park near Yellowstone safe to walk to them. Mayor Lizee stated this Council, this staff and the Park and Pla Miernicki. She noted that during the work session preceding this me results of a recent City resident survey. She explained the survey rc expansion of trails and walkways is important. The City was deveh Newer developed areas do have sidewalks. Residents are reachin between parks, schools and throughout the City. Everyone is aware t Club Road and there are no sidewalks next to it.; The Road is v Miernicki to provide his contact information so the City can keen trails. She stated she will search her email for Nor. Miernicki's Commission would love to hear his comments. to get his mail and he no longer change on that street until after a s spoken with Hennepin County -oblem with the traffic on Country drivers use that route as a cut -thru are great. Unfortunately, it is not ning Commissions agree with Mr. ting Council was presented with the ponses indicated residents think the )ed without sidewalks in the 1950s. the point of wanting connectivity at there are no shoulders on Country ±y heavily traveled. She asked Mr. him informed about sidewalks and email. She commented that Parks Mr. Miernicki stated he and his wife moved here ``because it is a family - friendly neighborhood. Unfortunately, because of the volume and speed of traffic on Country Club Road his family drives to the parks. He commented there is a property located on Echo Road and Country Club Road that has been for sale for a number of years and he thought someone would buy the property if changes were made on Country Club Road to slow the traffic down. Park Commissioner Edmondson extended an invitation to Mr. Miernicki to come to a Park Commission meeting, noting it has a meeting tomorrow evening. He stated he shares Mr. Miernicki's concerns. Councilmember Hotvet stated it takes residents like Mr. Miernicki to speak up for the community. Council wants to hear about residents concerns. Mayor Lizee thanked Mr. Miernicki for coming this evening. Attorney Keane arrived at 7:30 P.M. Henry Miles, 24035 Mary Lake Trail stated that at least every other year he walks along County Club Road from Yellowstone Trail to City Hall to pick up litter. Half of that litter he picks up is beer cans or liquor bottles. He explained that 150 times a year he and his wife walk on County Club Road. While they walk they observe drivers speeding and disobeying stop signs. Not long ago his wife was almost hit by a CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES February 13, 2012 Page 6 of 21 driver who was texting as he rounded the corner from Yellowstone Trail on to Country Club Road and hit Mr. Miernicki's mailbox. One or two years ago he and his wife witnessed a car cut across the lawn of the property at Yellowstone Trail and Lake Linden Drive, noting the driver did not live in the City. Mr. Miles then stated the cut -thm from City Hall to CUB Foods, Highway 7 and Highway 41 is dangerous and it is becoming more so every year. It may not be because of traffic counts but it can be in part because of the inattentive drivers who drive Country Club Road. From his vantage point the City's response to this has been pandering and indifference. The stone columns that were put up by CUB Foods were supposed to convince drivers that they were entering a neighborhood and therefore should drive carefully. From his vantage point drivers coming between those columns couldn't care less. Mr. Miles then stated he doesn't think the Mayor answers her mail o: one of her coffee with the mayor session why she did not she indica will but he didn't think she did. Mr. Miles asked Council if they knew what the sign along Country City Hall says. Councilmember Hotvet responded no- turn -on -red. H miles per hour no thm traffic. He then asked Council how many of have been cited or ticketed for violating that sign. He stated if Counc answer. ect. When she was asked at ought she had and that she Club Road less t stated the sign s hem know how r is not indifferent 200 feet from speed limit 30 times drivers ill find out the Mr. Greenwood stated now that Attorney Keane is present he asked him who the water in the ground belongs to. Keane explained subsurface water in the aquifers is owned by the public and it is regulated by the DNR and the Minnesota Department of Health. The basic principal is it is regulated by well appropriation permits. There is no rationing or mechanism for who gets what under current regulations. 5. PUBLIC HEARING None. 6. REPORTS AND PRESENTATIONS None. 7. PARKS A. Discuss Topics for the February 28, 2012, Joint Meeting with the Park Commission Administrator Heck stated there is a joint Council and Park Commission meeting scheduled for February 28, 2012. He asked Council what it would like to discuss during that meeting. He noted he will ask the Commission the same thing during its meeting tomorrow evening. Mayor Lizee stated she would like to discuss the results of the City resident survey, noting the results were presented to Council during its work session immediately preceding this meeting. She then stated the survey results indicated there was a lot about parks and recreation and about the desire to have more trails and walkways. Councilmember Zerby stated that information could dovetail into the plans for Badger Park, noting that has been discussed on and off for a long time. TKDA addressed Badger Park in detail when it updated the CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES February 13, 2012 Page 7 of 21 over all plan for the City's parks. He would like to hear what the Park Commission's vision is for that Park to determine if it is in sync with Council's vision. Councilmember Siakel stated she would like to discuss what the Park Commission thinks its top priorities are for 2012 and where Council can be of help. Park Commissioner Edmondson stated the Park Commission is going to be working on its vision for all the parks. He then stated he is a big proponent of trails and walkways. People want to walk and bike to places in today's world. 8. PLANNING A. Report on the February 8, 2012, Planning Co Commissioner Davis reported on matters considered and action Commission meeting (as detailed in the minutes of that meeting Commission heard residents from four neighborhoods complain thought it is a serious problem in the community. Mayor Lizee stated she thought it first and foremost is the B. Christmas Lake Estates Director Nielsen explained Eric Zehnder, Zehnder F located at 6040 Christmas Lake Road into three lots. ' property is zoned R -IA, Single - Family Residential, as the easterly one -third of the site lies within the "S'l meeting the Planning Commission held a public he Commission decided to continue the public hearing to concerns raised. The Commission also wanted an c revisions discussed. Plan at the Fel is noted t1 traffic and ility factor. 8, 2012, Planning year the Planning n. She stated she es, Inc., is proposing to subdivide the property property has one single - family house on it. The ill of the property surrounding it. Approximately soreland District. During its January 17, 2012, ig on this. After hearing public testimony, the February 8, 2012, meeting based on a number of )rtunity to see revised plans incorporating the Nielsen reviewed how the concerns raised about the Staff report during the January 17 meeting have been resolved. The original plans showed elevations for the proposed building pads and that they were to be walkouts. Storm water calculations were not provided at that time so there was no way for the City Engineer to determine if they could be walkouts. The applicant's engineer provided storm water calculations twice with the second time being based on Staff recommendations. The revised calculations and the water table information do support the walkout elevations shown on the plans for the three houses. 2. Storm water calculations made it clear that runoff from the two new houses will not adversely affect the property to the south, noting there is a culvert under Christmas Lane. Before that would happen it would leave the site to the wetland system to the north or top over Christmas Lane. 3. The driveway to the existing house on the property extends across from Christmas Lake Road. There is a culvert underneath that driveway that currently dams up the wetland system and basically separates the wetland into two. The original plan proposed taking that driveway out and removing that culvert. The first revision of the plan proposed leaving that culvert where it was in CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES February 13, 2012 Page 8 of 21 part because they wanted to use the sewer line for the existing lot along that driveway. Staff advised against that because it would require an easement across Lot 2. The plans have been revised again to reflect connecting to the sewer on the west side of the plat. The applicant has gone back to taking the existing driveway and culvert out and creating a swale through there. That is supported by the comments provided by the Minnehaha Creek Watershed District (MCWD). The original plan had shown the new driveway coming through the wetland setback; something allowed by the City Ordinance. The revised plan has shifted the new driveway a little to the left eliminating any crossing of the wetland but resulting in the loss of one tree. 4. The original plan showed the wetland buffer setback on Lot 2 at 25 feet and that is less than what the City Code requires. The developer's consultants based the buffer and setback on the MCWD requirements. The MCWD's requirements can be less than the City's depending on the wetland. The revised plans reflect a 35 -foot natural buffer and a 15 -foot setback from that buffer per the City's requirements. 5. Staff and the Planning Commission asked the applicant to '`show a different illustrative building style for Lot 2 than what was shown on the original plan. The revised plan shows a shallower design and it leaves room between the building pad and the wetland setback for deck or patio. Nielsen stated the Planning Commission recommends approval of the preliminary plat subject to Staff recommendations and incorporating the comments of the MCWD. Mayor Lizee asked Mr. Zehnder if he has anythin but he would answer any questions Council may hz like to add'. Mr. Zehnder stated he did not Councilmember Siakel stated she had visited the potential access to municipal water from the site. Boulevard. She asked if there is an opportunity to onto Lots 1 and 2. Landini explained the water sys Drive is from the Chanhassen water system so pe Landini noted Mill Street is a from that system. Extendins4 v . She noted she has asked Engineer Landini about ie then noted there are fire hydrants along Powers vide access to water to the site before people move i that is near Lilac Drive and Mill Street on Powers ;sion would have to be obtained from Chanhassen. and that would have to be torn up to extend water the City's feasibility requirements. Mayor Lizee stated that is an interesting proposition because there is water close by. Coming in through the Brand Circle area would be one way to deliver water to that area. Then municipal water could be brought to the residents near Christmas Lake. She asked Mr. Zehnder if he every spoke with the Cities of Chanhassen or Excelsior about water. Mr. Zehnder stated in early conversations Director Nielsen it was determined that water was not available and wells were the only option. Lizee then stated at times there has been misunderstanding about wetland natural buffers and setbacks. Placing wetland monuments have really aided the City and the residents in knowing where the buffers and setbacks are. She asked if that will be part of the final plat. Director Nielsen explained the applicant will have to show the wetland buffer with monuments. A wetland monument is an at -grade survey stake with a cap on it and it says Shoreland Wetland Boundary. They will be placed at all the deflection points on the lots along the wetland. Property owners mow into the wetland buffer. They can mow the setback. Some cities use 42- inch -high posts with signs stating wetland boundary. Unfortunately, they are unsightly when there are a lot of them. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES February 13, 2012 Page 9 of 21 Lizee asked if the utilities to the site will come off of Christmas Lake Road or Brand Circle. Director Nielsen responded both. Two lots will be served off of Christmas Lake Road and the third off of Brand Circle. Councilmember Zerby stated he is pleased with the work that Staff and the Planning Commission has done, and also with the fact that the MCWD has been involved. Zerby moved, Siakel seconded, directing Staff to prepare a resolution approving the preliminary plat for Eric Zehnder, Zehnder Home, Inc., for 6040 Christmas Lake Road, subject to Staff recommendations and incorporating the comments from the Minnehaha Creek Watershed District. Motion passed 4/0. C. City Code Text Amendment for Therapeutic Director Nielsen explained that Council had directed the Planning Commission to review a number of the City's Ordinances with regard to licensing, one of which was Therapeutic Massage Licensing. The current Ordinance requires individual massage therapists to get their own license. There is =a business located in the City that has 8 — 12 therapists working there and each has to get a license. That business expressed concern to the City about the amount of fees therapists had to pay. The Planning Commission recommends a different approach to licensing for therapeutic massage services. Nielsen then explained that the Commission recommends the individual business and not the therapist be licensed. That includes individuals practicing massage therapy on their own. The proposed amendment to the Ordinance shifts the burden of background checks and validating credentials of individual therapists to the business. The City would still monitor and enforce that rule. All the requirements for being a massage therapist will still be in place. Councilmember Zerby asked if the permit will change to a rolling 12 months or a prorated fee. Director Nielsen responded no. Zerby asked if there is a reason it won't. Councilmember Siakel stated she thought there had been discussion about a prorated fee when the license was applied for part way into the calendar year. Director Nielsen stated it's an annual fee and he thought it is prorated. Administrator Heck stated that was the discussion. Zerby asked if the amendment includes prorating. Nielsen stated if it does not it should be 'because the Commission didn't change that. Siakel stated she did not find that in the amendment. Director Nielsen stated the fee schedule will be adjusted to allow for prorating. Zerby moved, Siakel seconded, Approving ORDINANCE NO. 490 "An Ordinance Amending Chapter 311 of the Municipal Code to Update the Licensing Requirements for Therapeutic Massage Services" subject to 'including a prorated fee option, Adopting RESOLUTION NO. 12- 009 Resolution Approving Publication of Ordinance 490 by Title and Summary ", and Approving ORDINANCE NO. 491 "An Ordinance titled `License, Permit, Service Charges and Miscellaneous Fees." Motion passed 4/0. The owner of the massage therapy business located in the Shorewood shopping Center thanked Council and Staff for doing this. He asked how his business should respond to licensing during this first year of transition. Administrator Heck stated the Planning Commission didn't address the effective date of the license. Director Nielsen stated it is his recollection that it would occur on the effective date of the license renewal. Nielsen then stated that the responsibility for business being responsible for keeping the records of therapists goes into effect as soon as the Ordinance amendment is approved. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES February 13, 2012 Page 10 of 21 Mayor Lizee thanked the business owner for his patience. She also thanked the Planning Commission for its work. D. Discuss Topics for the February 21, 2012, Joint Meeting with the Planning Commission Mayor Lizee noted there is a joint Council and Planning Commission meeting scheduled for February 21, 2012. She stated she would like to discuss the Commission's 2012 work program and the results of the City resident survey conducted in 2011. She asked if there were any other topics Council wanted to discuss during that meeting. Councilmember Hotvet stated the survey will also tie into life -cycle housing, noting that came out in the survey. 9. ENGINEERING /PUBLIC WORKS None. 10. GENERAL /NEW BUSINESS A. Financial Services Agreement with the City of Excelsior Administrator Heck explained that the City of Excelsior lost its finance director and was unsuccessful in recruiting a replacement. He noted Director DeJong ''helped out with that recruitment process and during that process DeJong suggested to Excelsior that maybe the Shorewood Finance Department could provide to Excelsior at least a portion of the financial services needed on at least an interim basis. At first Excelsior City Manager Kristi Luger was not overly receptive to the idea. After warming to the idea Luger eventually asked Shorewood to 'submit a proposal for providing financial services for doing their utility billing, payroll, claims processing, accounts receivable and escrow accounting. The services would be billed out on an hourly basis. The meeting packet contains a copy of a Financial Services Agreement (the Agreement) between the two Cities. He noted that Excelsior plans to hire a finance officer and when that position is filled some of the services Shorewood may provide could revert back to Excelsior. He also noted that the Excelsior City Council has already approved the Agreement. Director DeJong stated a goal of doing this is trying to gain efficiencies in the financial processes. The best way to do that is for the two Cities to use the same financial system software and similar charts of accounts. He explained the services will be provided using Excelsior's financial system in 2012. He stated the Shorewood 2012 Capital Improvement Program (CIP) includes funding for a new financial system and Excelsior's finances could possibly be processed using the new system. If they two Cities ultimately use the same financial system it would make it relatively easy to coordinate the financial services. He noted that he believes this is a good opportunity for the two Cities to share services. DeJong explained that the National Association of Industrial and Office Parks has a bill in the Legislature that will require line item reporting of budgets and expenditures. Doing that would make comparing city operating costs easier and help in identifying best practices. The League of Minnesota Cities, Metro Cities and the Minnesota Government Finance Officers Association are all very leery of the existing bill. He stated he thought there is a lot of benefit to have similar structures in place for various cities. He explained the Local Government Information Systems (LOGIS) consortium and also the City of Roseville and another organization already share software. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES February 13, 2012 Page 11 of 21 DeJong stated that if at the end of 2012 it's decided that things didn't work out as well as the two Cities had hoped the Agreement will end. Mayor Lizee stated this is a great opportunity to collaborate and share services. She agreed that it is easier to share services when software applications are the same or at least if they can interface with each other. Councilmember Zerby asked how much staff time will be required to provide Excelsior with services and what impact that will have on doing Shorewood activities. Director DeJong stated he doesn't have a great idea but the current estimate is around 500 hours a year split between him and the Senior Account. DeJong explained the estimate is based on what it takes to perform straight accounting functions. Excelsior also wants its residents to contact Shorewood directly with utility questions. Zerby noted that is about one quarter of a person's time. DeJong stated that he anticipates some efficiencies will be achieved during the first year of this. Zerby then asked if Shorewood's utility billing system will be used for Excelsior's billing and if Shorewood's office staff will mail Excelsior's bills out: Director DeJong explained Excelsior will continue to do the mailing of bills and Excelsior's readers will be used generate the information for input to the billing system. Zerby also asked if the checks will be mailed to Excelsior or Shorewood. DeJong responded that has not been decided yet. DeJong noted there are quite a few unanswered questions for both Cities. Administrator Heck noted the questions are more about logistics. Zerby went on to ask if Attorney Keane has thought he had sent it to Keane. Keane state explained the attorney for Excelsior drafted the the Agreement. Administrator Heck stated he A been asked to review the Agreement. Heck Zerby stated the Agreement states it expires on December 31, 2012, unless either party terminates it with 60 days written notice. There is no auto renew clause in the Agreement. It seems that this is not being considered as a long -term venture. When the learning curve is factored in it seems like a lot of work for a relatively short contract. Administrator' Heck explained the Excelsior City Council and Excelsior City Manager Luger wanted an approximate one -year trial Agreement to provide Shorewood the opportunity to determine if it is feasible to provide the services on a long -term basis. Heck stated if both City Councils conclude that this arrangement works to everyone's satisfaction the Agreement could be renewed before the end of 2012. Councilmember Siakel asked when Shorewood will begin providing services to Excelsior if Council approves the Agreement. Administrator Heck explained that Director DeJong has already spent time over at Excelsior City Fall to familiarize himself with Excelsior's financial software. Siakel stated it sounds as if there are still logistics to work out and Attorney Keane has to be provided the opportunity to review the Agreement. Siakel then stated it in some ways it makes sense to do this, but if Shorewood doesn't start providing services until June and the Agreement is only through the end of the year she questions the value of going through all of the effort for that short period of time. Heck stated the plan is to start providing services right after Council approves the Agreement. Director DeJong stated he has already started helping Excelsior out because it is short on personnel; something the City would likely do for any other neighboring city. He explained he has run payroll, entered utility bills, and done some payment processing. Councilmember Zerby noted the Agreement stipulates that the fees that will be charged are based on the hourly rates of the City's two Financial Department staff members. He stated it doesn't appear that Excelsior will be charged for computer time. He asked if another financial system license will have to be purchased. Director DeJong explained there is no need for another license because there will not be any CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES February 13, 2012 Page 12 of 21 additional users of either system. Shorewood staff will use Excelsior's existing software licenses. No decisions have been made about licensing Excelsior to use Shorewood's financial software. Zerby asked if Staff researched rates of private financial services providers. Director DeJong explained that Excelsior is spending approximately $7,000 per month on services from an outside accounting firm for financial reporting services. DeJong stated there would potentially be an opportunity to increase the rates if the Agreement is renewed. Zerby noted he supports moving forward with doing this. He expressed concern that there is a lot of risk with doing this. He stated he assumes staff will deal with the risks appropriately. He expressed some discomfort that Director DeJong has already started providing services before Council has approved the Agreement. Councilmember Hotvet stated she is a huge fan of innovation in government when it makes sense. She then stated this is a good opportunity. She asked if Excelsior or Shorewood would be responsible for any overtime costs incurred by Shorewood staff to provide services to Excelsior. Director DeJong stated Shorewood financial staff will continue to be paid through the Shorewood payroll system and overtime charges will essentially be reimbursed from payments received from Excelsior. DeJong noted that not all of the hours spent on Excelsior activities will be overtime hours. There is regular business hours time available to work on them. Hotvet asked what fund the payments from Excelsior will go into. DeJong responded the General Fund. Councilmember Zerby stated if the two hourly rates were averaged out and then that amount is multiplied by 500 hours the amount the City would earn is approximately $23,000. Councilmember Siakel stated she wants Attorney Keane to review the agreement. She asked that this be included as an item on the City's project planning calendar and that Council be provided with regular updates on how this initiative is working. Hotvet moved, Siakel seconded, approving the Financial Services Agreement between the City of Excelsior and the City of Shorewood subject to the Shorewood City Attorney reviewing the Agreement. Motion passed 4/0. Aquatic Administrator Heck explained that Mayor Lizee, Councilmember Zerby, Attorney Keane, Director Nielsen, Minnehaha Creek Watershed District (MCWD) Administrator Eric Evenson, the legal representation for the MCWD Louis Smith, and he have met twice to date to discuss what the City and the MCWD can do to minimize the spread of aquatic invasive species (AIS) into Christmas Lake. This group wanted to begin the discussions well before the 2012 boating season starts. This group has talked about things such supporting legislative proposals that would increase local authority as it relates to the control and prevention of AIS and having inspectors at the launch site. The group thought it prudent to bring Council up to speed on what the group has discussed to date. The Minnesota Department of Natural Resources (DNR) has stated it will not support the central inspection of watercraft for AIS before entry into Christmas Lake, Lotus Lake and Lake Minnewashta. Heck noted that Joseph Shneider, president of the Christmas Lake Homeowner's Association, has submitted a grant application in the amount of $25,000 to the Conservation Partners Legacy Grant Program for funding to cover watercraft inspections at the Christmas Lake boat launch. Mr. Shneider CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES February 13, 2012 Page 13 of 21 asked him as property manager for the City to sign off on the project, which he did. The due date for the application was February 9, 2012. Heck asked Council what it thought the City should do to try and keep Christmas Lake from becoming infested with AIS. Mayor Lizee thanked Administrator Heck for signing off on the application for Legacy funding. She stated the City and Council have been concerned about AIS, the issues they cause, the economic impact AIS have, water quality and so forth for a long time. She then stated the communication and cooperation about AIS management and mitigation has improved between the various government agencies. She thought it prudent for the City and the agencies to maintain those relationships. She recommended the City continue to work with the MCWD on doing what ever it can to train watercraft users about AIS. She stated she thought the inspection certification training program is intriguing. She noted the South Lake Minnetonka Police Department (SLMPD) will be sending some officers to training on March 26, 2012. SLMPD Chief Litsey has offered to hold a second training session at the SLMPD facility so more people can be trained. She asked for Council's support for the training program and for continuing to do what ever the City can to protect the natural assets. Councilmember Siakel stated the DNR does an excellent job of training people on how to inspect for AIS and it is willing to come to various sites to conduct the training. She asked Mayor Lizee if she wanted Council's support for holding an inspection training session at either the Southshore Community Center (SSCC) or at the SLMPD facility and inviting residents from Christmas Lake or anywhere else in the City to the session. Lizee clarified she is asking for Council's support for the training and the ongoing AIS management and mitigation efforts. Siakel then stated the Lake Minnetonka Conservation District (LMCD) works with the MCWD and the DNR to provide inspections at selected launch locations on selected days. The LMCD contracts with Volt Workforce Solutions (Volt) to conduct the inspections. She asked if the City could potentially work with the LMCD and Volt to conduct the inspections. Councilmember Zerby asked if the inspections conducted by Volt are mandatory or voluntary. Zerby stated he would like to move this forward. Councilmember Hotvet stated she thought Shorewood is viewed as a leader because of its attempts to move this effort to control and manage AIS at Christmas Lake. Councilmember Siakel stated if the Christmas Lake Homeowner's Association gets the grant she asked if it would be able to hire someone like Volt to conduct the inspections. Mayor Lizee stated any inspector at the site would have to be certified by the DNR. Siakel stated that would be true for a lay person, but what about people working for a company like Volt. Councilmember Zerby stated that as long as the DNR recognizes them as being able to conduct inspections it would be alright. Mayor Lizee stated it is important that the licensed peace officers get trained to do inspections because any transportation of AIS is against State law. The DNR has made it known that it intends to ticket people for transporting AIS; it is no longer just going to issue a warning. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES February 13, 2012 Page 14 of 21 Councilmember Hotvet asked if things such as boat lifts being transported can also be inspected and ticketed for transporting AIS. Mayor Lizee stated that has happened. The DNR has traced zebra mussels to a boat lift that was transported and put into pristine lake. Siakel moved, Hotvet seconded, approving support for the City working with the Minnehaha Creek Watershed District and the Minnesota Department of Natural Resources to provide aquatic invasive species (AIS) certification training in the spring of 2012, supporting current and ongoing efforts regarding AIS education and control, and supporting Legislative proposals aimed at increasing local authority as it relates to AIS control and prevention. Motion passed 4/0. Mayor Lizee stated this is important for all residents. She noted she received an email from the MCWD earlier in the day regarding a two -day symposium on March 19 and 20 about the latest research on AIS management and the policy and legal implications of the approaches available today. C. Recreation Trail Grant Application Administrator Heck explained Staff recommends Council authorize the submittal of a grant application to the Minnesota Department of Natural Resources (DNR) for the Federal Recreational Trail Program. The application is for funding to help pay for the construction of 1200 linear feet of paved trail from the LRT Trail on County Road 19 Tonka Bay /Shorewood border to Smithtown Road. The City had applied for a similar grant for this section of trail in 2011 but it was not awarded the grant. The grant provides 50 percent reimbursement of the total cost. The Ad Hoc Trail Committee (the Committee) formed in 2011 identified this segment of trail as one of the priority 1 trails targeted for completion within the next five years in the Trail Plan Implementation Report (the Trail Plan). He noted the resident survey indicates there is a desire for walkability in the community. He stated the Tree Rivers Park District supports this trail segment because it is beneficial and ties into the overall regional nature of the trail system. Councilmember Siakel asked how Staff arrived at a cost of $72,000 for this trail segment. She stated originally Staff indicated it would be very easy to construct and very low budget, noting she doesn't consider $72,000 or even $36,000 to be low budget. Administrator Heck explained that is based on trail 'cost projections for neighboring communities which are in the $50 — $60 per lineal foot range. Engineer Landini has been doing some preliminary work on this potential project, but he doesn't think Landini has enough information yet to revise the estimate. He stated during Trail Committee meetings Staff had indicated this would be an easy segment to construct. The right of way (ROW) adjacent to a Hennepin County road is a complicating factor. If the City wants to construct the trail in the ROW it would be responsible for the relocation of power poles of the ROW. The design plan being considered does not involve that ROW. The City needs to speak with Xcel Energy and the bus garage company to construct a trail on their properties. Engineer Landini stated' he only has preliminary concept plans for that segment of trail. He has no additional information to revise the cost estimate. Councilmember Siakel stated she was a member of the Committee which was comprised of members of the Park and Planning Commissions, she and Councilmember Hotvet, staff and representatives from the public. She explained the Committee had reviewed trail plans that had been developed by various councils over the past ten years. There was Committee consensus that having trails and a walkable community is important. The Committee prioritized the various trails previously identified somewhat based on ease of construction and lower cost. Each trail segment would be evaluated on its own merits when it came up for consideration. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES February 13, 2012 Page 15 of 21 Siakel explained the Trail Plan was presented to Council during its September 26, 2011, meeting and at that time Council directed Staff to draft a resolution incorporating the Trail Plan into the Shorewood Comprehensive Plan. The Trail Capital Improvement Program (CIP) had been taken out of the Trail Plan before the resolution was adopted because the cost estimates needed to be revised. The CIP was revised and the cost estimates are much higher than what the Committee had been told. The revised 10 -Year CIP reflects a total cost of approximately $1.8 million. She asked how all of that resulted in committed funding of $1.8 million to trails. Council had talked about if there was funding and matching grant funds and if it made sense to construct a segment of trail then Council would discuss it. Siakel stated a total cost of $72,000, and a possible City cost of $36,00 like a lot of money to her. She has no idea if it is a reasonable cost. It could be constructed easily and inexpensively. She noted that segment c the City and it could be constructed at any time. She questioned if it taxpayers money to construct that segment at this time. She then stated moving forward with this. Councilmember Hotvet stated she was a member Councilmember Siakel's perspective. She noted that it is stated if the grant could be applied to another trail seg make sense to apply for the grant. Councilmember Zerby stated from his perspectiv because it would be the easiest to construct. He t lot longer to move forward in part because of tl thought the cost estimate seems high, noting he d would be. To him it is a guesstimate. He stated if the cost he would be in favor of constructing it. Councilmember Hotvet noted the Committee prioritize it would be easv and relatively inexpensive to construct. was awarded a grant, seems racterized as something that isn't connecting anything in be good stewardship of the she has a lot of reservations about ttee, and that she agrees with he is a fan of the trail system. She have more of an impact it could icting that missing segment of trail makes sense d to consider other trail segments would take a ch that has to be done. He commented that he low what the specifications for the trail segment would be awarded a grant to pay for one half of its segment of trail as number one discuss there being ROW issues and it was told Councilmember Hotvet stated to her it almost sounded as if the Public Works Department could construct the asphalt'' trail. Based on information provided to the Committee, it considered this trail to be low - hanging fruit and a great place to start. Councilmember Siakel asked if this should be brought back to the Committee. Mayor Lizee questioned if it is prudent to spend time and money on quantifying costs and preparing plans before there is some commitment to constructing this trail segment. Based on past experience, applying for a grant doesn't commit the City to accepting the grant. Administrator Heck clarified if the City applies for and is awarded this grant it is required to take the funding for this specific location. Councilmember Hotvet stated the City would be obligated to fund one half of whatever the cost ends up being. Administrator Heck stated based on comments made earlier in this discussion it is his understanding that Councilmembers would like Staff to identify a possible section of trail that could be constructed and then have it evaluated for things such as connectivity, access, cost and possible grant funding before committing to the anything in the Trail Plan. Heck noted that very preliminary construction costs had CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES February 13, 2012 Page 16 of 21 been estimated to be approximately $50,000 per mile. Those were revised later on based on other municipalities' cost estimates. Councilmember Hotvet suggested providing different options and costs. For example, one option could be a bituminous surface and another could be a sidewalk. Councilmember Zerby stated creating the perception that Council has agreed to spend $1.8 to construct trail segments is ludicrous. That isn't going to happen. He suggested delving deeper into the Trail Plan and providing more detailed information about what obstacles there are to constructing the trails and more realistic cost estimates. He commented that he views the Trail Plan as more of a wish list; a wish list that needs more investigation. Mayor Lizee noted that Council is being asked to authorize application has to be submitted to the DNR by February 28, 201 Councilmember Siakel asked when the next opportunity to app] Landim explained the City could apply again in February of 2013. Administrator Heck stated based on this discussion next year determine which trail segments could benefit from the grants, for those segments, then bring that to the Park Commission with recommendations. Councilmember Hotvet stated her greatest discomi more solid cost estimates. Councilmember Zerby 4 Councilmember Zerby stated the Park Commissioi to do more research, provide more information and this evening. The a similar grant will be. Engineer 7ould identify the grant opportunity, what the priority is in the Trail Plan ideration and then come to Council the costs. She asked if there is a way to get 't need to get involved at that time. Staff needs more solid cost information. Councilmember Hotvet stated the Committee would like that same information also. Director Brown stated before better cost estimates can be provided Staff has to determine if there are ROW needs, utility concerns and wetland impacts. That requires a lot of Staff time. Councilmember Zerby noted that he and Councilmember Hotvet were involved in the trail planning process for the .potential County Road 19` trail project. One of the first things participants did was ride their bikes to look at proposed trail routes. Engineers took pictures of the proposed routes to show where wetlands, utilities and so forth were located. Concept plans were then prepared. He suggested that one of the first things that should be done is something like a visual survey for trails and that could be done by Staff. Councilmember Hotvet stated doing that would help create a more realistic picture of how the trail would fit in and what it could look like. She noted she has had three conversations today about when trails are coming, two tonight and one earlier in the day. She stated now it is time to visualize the Trail Plan and take it seriously. She then stated she supports forgoing applying for a grant until more specifics are known about this trail segment. Councilmember Siakel agreed with that. There was Council consensus to forgo applying for this grant at this time, and to have Staff gather more specifics about what it will take to construct this segment of trail, the cost to do so, and work with the Committee and the Park Commission and Council on what the next steps should be. Councilmember CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES February 13, 2012 Page 17 of 21 Hotvet stated she doesn't think there is a need to meet with the Committee on this. Staff should just provide more detail about the trail priorities for the next five years and then Council and Staff can discuss it. Mayor Lizee recessed the meeting at 8:55 P.M. Mayor Lizee reconvened the meeting at 8:59 P.M. D. Presbyterian Homes Conduit Bonding Request This item was removed from the agenda at Staff's request. E. Property Casualty Insurance Changes Director DeJong explained that in 2010 the City was approached b Insurance Group to potentially use there services as insurance ag learning about them thorough the nature of their services, Administr, business to those agents for the 2011 and 2012 insurance renewal. I getting a lot better information, saving money in a number of areas did not have enough coverage. They also did a cost benefit analysii per- incident deductibles. The Staff report included in the meetinj analysis. The analysis shows there is the potential for the City t increasing the per- incident deductible level to either $1,000 or $2,5 level. He noted Staff recommends the deductible level be increasec approximately $3,500. Zerby moved, Siakel seconded, directing Staff incident. Motion passed 4/0. F. Discuss Resident Survey and Gathering two agents from Northern Capital nts. After checking references and or Heck decided to move the City's iat decision has resulted in the City nd identifying areas where the City of insurance premium costs versus packet includes the results of the save a fair amount of money by 0 from the current $500 deductible to $2,500 for an annual savings of urance deductible to $2,500 per for Additional Resident Information Mayor Lizee stated during its work session just prior to this meeting Council was presented with the results of the resident survey. She suggested Council and the Park Commission and the Planning Commission discuss results that are specific to the respective Commission and what items Council and the Commissions want to pursue. Councilmember Zerby agreed with flushing out some what the City should do with what it learned from the survey before considering options for additional resident information gathering. He noted Council learned that 91 percent of the respondents use the City's newsletter to get information about the City. Questions could be published there and residents could be directed to the City's website to comment on them. He suggested seeking input from the Commissions on areas relative to them that Council wants more information on. Councilmember Hotvet stated she prefers there to be a gathering sooner rather than later so as not to appear as though Council is distancing itself from the results. She recommended Staff and Council be very organized about what will be covered during the gathering. Councilmember Siakel stated there is a big opportunity to use the website to gather more information as well. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES February 13, 2012 Page 18 of 21 Administrator Heck stated as many modes of gathering information should be used as possible. Bur first, Council and the two Commissions need to decide what specific areas it wants to get additional information about. Councilmember Hotvet asked Administrator Heck who will identify which survey questions and results are pertinent to the two Commissions before the joint meetings with them. Administrator Heck stated the survey questions specific to each Commission will used to guide the discussion. Councilmember Siakel based on the priorities identified in the Strategic Plan a few key things should be the focus of discussion. She noted she is pleased that the City did the survey. 11. OLD BUSINESS A. Amendments to the Personnel Policy Manual Administrator Heck stated this item was continued from the January 23, 2012, Council meeting in order to provide Staff the opportunity to make a few minor revisions to the draft language regarding severance pay as recommended by Council. Councilmember Siakel stated the couple of the concerns expressed about the verbiage have been addressed. Siakel moved, Hotvet seconded, approving the amendments to the Policy manual as provided. Motion passed 4/0. B. Trail Plan_ Clarification Councilmember Siakel stated this somewhat ties to Item 10.0 on the agenda about the grant application for funding to help pay for the construction of 1200 linear feet of paved. She explained when Council discussed cost to implement the Trail ''Plan Implementation Report (Trail Plan) it was discussed in the context of being a placcholder. It has been changed from being a placeholder to what has been termed to be committed funds. It was never the Ad Hoc Trail Committee's (the Committee) intent and she doesn't think it was Council's intent to take all of the funds in the Community Infrastructure Fund (CIF) and dedicate them to trails. She noted she does not want there to be a perception that Council allocated $1.8 million dollars to trails. She stated creating that perception is disturbing to her. She reiterated it was not her intent or the intent of the Committee and that she doesn't think it was Council's intent. She asked Staff how to remedv this. Director DeJong explained that everything in the Capital Improvement Program (CIP) is a placeholder under certain assumptions. Assuming there is a commitment to do all of the projects identified in the Trail Plan funds are committed to them. None of the projects are set in stone. But, there has to be some reasonable planning methodology about what resources will be available. He stated Administrator Heck has been talking to Council about prioritizing projects and effectively communicating the priorities and the costs to do them to the residents. He explained from a financial perspective the best way to do that is with a CIP that includes projects and capital expenditures the City expects to do and incur over the next 5 — 10 years and a Financial Management Plan (FMP) that shows what the impact of the CIP is on City finances. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES February 13, 2012 Page 19 of 21 DeJong encouraged Council to think hard about where it wants to go with trails. He stated he believes the expectation has been set that trails are a high priority and that the City will construct them. He then stated that without going through the process of doing the engineering and analysis to build a trail it is difficult to get a better estimate of costs. The thought was that by doing a relatively easy and short trail project Staff could come up with better construction cost information. He indicated he will attempt to revise the FMP so it makes sense to Council. He stated he thought it important to communicate fairly to the City's residents what the City thinks it is going to do and what it thinks the cost to do so is. Councilmember Siakel stated there had been discussion about using CIF funds to help pay for removing buckthorn from Freeman Park. She reiterated she did not think it was the Committee's or Council's intent to commit the entire CIF to trails. She stated she is not sure how to fix this.. Mayor Liz& stated it was not her intent and she didn't think it was Council's intent to earmark the $1.8 million in the CIF to trails. She then stated there is a difference in her mind between the CIP and the City's Comprehensive (Comp) Plan which gets updated at least every five yews. The Comp Plan addresses roads, trails, and parks and recreation without any specific commitment to funding things. The trail projects will be considered when there are grants available and when the City has the needed funds. Councilmember Siakel clarified the intent of this discussion is not to point the finger at anyone. She stated it seems as if everyone agrees in concept that there is an incorrect perception that all funds in the CIF are committed to trails that has to be addressed. Administrator Heck stated from his perspective the identifies potential trail projects but a source of fundi trail projects will be considered on an annual basis. the FMP showing all of the CIF funds being used to other priorities Council may have. The FMP needs implement the Trail Plan but sources of funding to That can be done as part of the 2013 budget process. Councilmember Hotvet asked' decisions on how to use it have Administrator Heck stated the about the survey, the priorities' that in the bast there hasn't bee: - asiest way to "fix" this is to say that the Trail Plan ng for the projects has not been identified. Individual He them stated he thinks the confusion is created by offset the cost of the trail projects at the expense of to be revised to reflect there is an estimated cost to implement the Trail Plan have not been identified. about potential uses of the CIF noting no of the CIF is a policy issue that Council needs to address. Discussions the Strategic Plan, the CIF and the FMP all tie together. He then stated good comprehensive discussion that ties priorities to a FMP. Director DeJong stated this incorrect perception highlights the tension between desires and the lack of funding available to fund all of the priorities. Staff has been working hard to help Council identify priorities to include in a'FMP. He then stated he has a hard time using bullet points in a FMP. A FMP needs to include specifics projects and costs; projects and costs that can be adjusted. 12. STAFF AND COUNCIL REPORTS A. Administrator and Staff 1. GreenStep Cities Update CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES February 13, 2012 Page 20 of 21 Administrator Heck stated there is nothing new to report on the GreenStep Cities Program project. The energy audits of City Hall, the Public Works facility and the Southshore Community Center are scheduled to happen this month. The results should be available by the end of the month. 2. Project Update Administrator Heck stated there is a joint legislative conference sponsored by the League of Minnesota Cities, Metro Cities, Association of Minnesota Counties and School Boards on March 22, 2012. Councilmember Hotvet has signed up for it. He met with representatives from the Minnesota Department of Natural Resources (DNR) last week to talk about who is responsible for the maintenance of the Christmas Lake boat landing facility. The Christmas Lake facility is the only one in the State where there appears to be a division of responsibility. The City is responsible for areas on land and the DNR is responsible for areas in Christmas Lake. The DNR has indicated it wants to get out of the management of the landing. The DNR also indicated it may be willing to potentially, rebuild boat launch ramp to make it longer. Director Brown stated that Councilmember Hotvet has personnel have been working on due to the limited snc have done some long overdue major maintenance to rehabilitated, and asphalt cold mix was put down into po are projects that normally fall by the wayside. Also, inspections that must be done to satisfy Municipal Separ; Councilmember Hotvet thanked Director B. Mayor and Councilmember F (STLL) about the communications, i also be willing to help. She bins in the Citv harks. Councilmember Siakel asked if the he does not think so. asked him to comment on what Public Works wfall this winter season. Brown explained they the salt storage shed, three wells have been :holes and around sunken manhole covers. Those they have gotten a head start on storm water ate Storm Sewer System (MS4) requirements. spoken with representatives from South Tonka Little League ackthorn from Freeman Park. STLL has agreed to help with and so forth. She noted soccer and softball organizations may is a way to tie that effort in with the placement of the recycling ; for that effort have been firmed up. Administrator Heck stated Councilmember Zerby stated he attended the January 25 Excelsior Fire District (EFD) Board meeting. The Board approved changes to the EFD's Cost Recovery Policy to increase the fees for the second through fifth follow -up inspections. The second follow -up inspection fee was increase to $200, the third to $300, the fourth to $400 and the fifth to $500. The initial inspection and the first follow -up inspection will continue to be free. A major reason for doing so is to mitigate risk to employees and customers. Mayor Lizee noted Councilmember Zerby was selected to be the Chair of the EFD Board for 2012. Mayor Lizee stated she attended a meeting of the South Lake Minnetonka Police Department ( SLMPD) Coordinating Committee on February 8 "'. Agreement on the SLMPD's contract with its union is close to being reached. She then stated SLMPD Chief Litsey and the SLMPD Community Service Officers have agreed to participate in aquatic invasive species inspection certification training. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES February 13, 2012 Page 21 of 21 13. ADJOURN Zerby moved, Hotvet seconded, Adjourning the City Council Regular Meeting of February 13, 2012, at 9:32 P.M. Motion passed 4/0. RESPECTFULLY SUBMITTED Christine Freeman, Recorder AT] Bria COUNCIL ACTION FORM Department Council Meeting Item Number Finance February 27, 2012 3A Item Description: Verified Claims From: Michelle Nguyen Bruce DeJong Background / Previous Action Claims for council authorization. The attached claims list includes checks numbered 52689 through 52722 totaling $146,068.99. Staff Recommendation Staff recommends approval of the claims list. 2/23/2012 12:55 PM A/P HISTORY CHECK REPORT VENDOR SET: 01 City of Shorewood 2,016.26 000000 BANK: 1 BEACON BANK 305.92 052690 DATE RANGE: 2/14/2012 THRU 99/99/9999 052692 7,000.69 052694 165.00 052695 98.62 CHECK VENDOR I.D. 052697 NAME STATUS DATE 00051 847.47 EFTPS - FEDERAL W/H D 2/14/2012 00092 052702 MN DEPT OF REVENUE D 2/14/2012 20005 69.95 WELLS FARGO HEALTH BENEFIT SVC D 2/14/2012 00086 052707 AFSCME COUNCIL 5 - UNION R 2/14/2012 00053 ICMA RETIREMENT TRUST - 302131 -4 R 2/14/2012 16625 NCPERS MINNESOTA R 2/14/2012 00052 PERA R 2/14/2012 25700 UNIVERSITY OF MINNESOTA R 2/27/2012 1 WILCOCK, KEITH D. R 2/27/2012 29409 BENCHMARK LEARNING R 2/27/2012 29338 BLANCHARD CATERING, INC. R 2/27/2012 26100 CENTURY LINK R 2/27/2012 29278 CLASSIC CLEANING COMPANY R 2/27/2012 10000 GROUT, TWILA R 2/27/2012 29265 JEFFREY W. LAMBERT, P.A. R 2/27/2012 11650 KENNEDY & GRAVEN, CHARTERED R 2/27/2012 13300 LEAGUE OF MINNESOTA CITIES R 2/27/2012 21340 LOCAL LINK R 2/27/2012 29416 LYNN & ASSOCIATES R 2/27/2012 29259 MALKERSON GUNN MARTIN LLP R 2/27/2012 15050 MEDIACOM R 2/27/2012 15300 METRO SALES, INC. R 2/27/2012 INVOICE AMOUNT DISCOUNT PAGE: 1 CHECK CHECK CHECK NO STATUS AMOUNT 000000 11,210.80 000000 2,016.26 000000 1,464.51 052689 305.92 052690 1,663.50 052691 32.00 052692 7,000.69 052694 165.00 052695 98.62 052696 403.75 052697 594.00 052698 122.56 052699 847.47 052700 59.00 052701 123.75 052702 236.92 052703 95.00 052704 69.95 052705 980.00 052706 2,183.00 052707 50.95 052708 720.00 2/23/2012 12:55 PM A/P HISTORY CHECK REPORT PAGE: 2 VENDOR SET: 01 City of Shorewood BANK: 1 BEACON BANK DATE RANGE: 2/14/2012 THRU 99/99/9999 CHECK INVOICE CHECK CHECK CHECK VENDOR I.D. NAME STATUS DATE AMOUNT DISCOUNT NO STATUS AMOUNT 15900 OFFICE DEPOT R 2/27/2012 052709 189.95 22482 SAM'S CLUB R 2/27/2012 052710 410.48 23500 SO LK MTKA POLICE DEPT R 2/27/2012 052711 34.09 1 STEPHANIE JOCHIMS R 2/27/2012 052712 199.50 1 STEWART PLUMBING R 2/27/2012 052713 293.48 1 STEWART PLUNBING V 2/27/2012 052714 293.48 1 STEWART PLUNBING VOIDED 1 STEWART PLUNBING VOIDED M -CHECK STEWART PLUNBING VOIDED V 2/27/2012 052714 293.48CR 29101 SUN NEWSPAPERS R 2/27/2012 052715 38.97 17200 SUN PATRIOT NEWSPAPERS R 2/27/2012 052716 22.05 23726 TKDA ENGINEERS ARCHITECTS PLAN R 2/27/2012 052717 1,469.65 25000 TOTAL PRINTING SERVICES R 2/27/2012 052718 238.33 25700 UNIVERSITY OF MINNESOTA R 2/27/2012 052719 195.00 70200 VERIZON WIRELESS R 2/27/2012 052720 87.60 29269 WARNER CONNECT R 2/27/2012 052721 2,800.00 19800 XCEL ENERGY R 2/27/2012 052722 10.18 00087 AFSCME CO 5 MEMBERS HEALTH FUN E 2/27/2012 999999 408.00 05305 COMMUNITY REC RESOURCES E 2/27/2012 999999 233.93 15500 METRO COUNCIL ENVMT(WASTEWATER E 2/27/2012 999999 56,259.05 15885 MIDWEST MAILING SYSTEMS, INC. E 2/27/2012 999999 500.00 19435 SPRINT E 2/27/2012 999999 124.62 29363 DeJONG, BRUCE E 2/27/2012 999999 253.67 2/23/2012 12:55 PM VENDOR SET: 01 City of Shorewood BANK: 1 BEACON BANK DATE RANGE: 2/14/2012 THRU 99/99/9999 VENDOR I.D. NAME A/P HISTORY CHECK REPORT PAGE: 3 CHECK INVOICE CHECK CHECK CHECK STATUS DATE AMOUNT DISCOUNT NO STATUS AMOUNT ** T O T A L S ** NO REGULAR CHECKS: 32 HAND CHECKS: 0 DRAFTS: 3 EFT: 6 NON CHECKS: 0 VOID CHECKS: 1 VOID DEBITS VOID CREDITS TOTAL ERRORS: 0 VENDOR SET: 01 BANK: 1 TOTALS: 42 BANK: 1 TOTALS: 42 REPORT TOTALS: 42 INVOICE AMOUNT DISCOUNTS CHECK AMOUNT 22,034.84 94,212.20 0.00 21,741.36 0.00 94,212.20 0.00 0.00 14,691.57 0.00 14,691.57 57,779.27 0.00 57,779.27 0.00 0.00 0.00 0.00 293.48CR 293.48CR 0.00 94,212.20 0.00 94,212.20 94,212.20 0.00 94,212.20 94,212.20 0.00 94,212.20 02 -23 -2012 12:54 AM C O U N C I L REPORT BY VENDOR- FEBRUARY 27, 2012 PAGE: 1 VENDOR SORT KEY DATE DESCRIPTION FUND DEPARTMENT AMOUNT AFSCME CO 5 MEMBERS HEALTH FUND 2/27/12 CHARLIES DAVIS General Fund Unallocated Expenses 51.00 2/27/12 GREG FASCHING General Fund Unallocated Expenses 51.00 2/27/12 JOSEPH LUGOWSKI General Fund Unallocated Expenses 51.00 2/27/12 BRADLEY MASON General Fund Unallocated Expenses 51.00 2/27/12 CHRISTOPHER POUNDER General Fund Unallocated Expenses 51.00 2/27/12 DANIEL RANDALL General Fund Unallocated Expenses 51.00 2/27/12 BRUCE STARK General Fund Unallocated Expenses 51.00 2/27/12 TERRY TOWER General Fund Unallocated Expenses 51.00 TOTAL: 408.00 AFSCME COUNCIL 5 - UNION 2/14/12 P/R DEDUCTS - UNION DUES General Fund NON - DEPARTMENTAL 305.92 TOTAL: 305.92 BENCHMARK LEARNING 2/27/12 NHEUMASTE -JAMES LANDINI 2/ General Fund City Engineer 403.75 TOTAL: 403.75 BLANCHARD CATERING, INC. 2/27/12 MAYOR LIZEE LUNCH SHARED E Southshore Communi Senior Community Cente 99.00 2/27/12 VALENTINES COOKING CLASS 2 Southshore Communi Senior Community Cente 495.00 TOTAL: 594.00 CENTURY LINK 2/27/12 952 - 474 - 7635 -SSCC Southshore Communi Senior Community Cente 122.56 TOTAL: 122.56 CLASSIC CLEANING COMPANY 2/27/12 C.H. SVC General Fund Municipal Buildings 531.01 2/27/12 P.W. SVC General Fund Public Works 316.46 TOTAL: 847.47 COMMUNITY REC RESOURCES 2/27/12 HOLIDAY PARTY Southshore Communi Senior Community Cente 233.93 TOTAL: 233.93 DeJONG, BRUCE 2/27/12 FEB EXP REIMBURSEMENT General Fund Finance 94.35 2/27/12 MN GFOA REG General Fund Finance 15.00 2/27/12 2011 - TAX FORMS General Fund Finance 64.32 2/27/12 WELLNESS REIMBURSEMENT General Fund Finance 80.00 TOTAL: 253.67 EFTPS - FEDERAL W/H 2/14/12 FEDERAL W/H General Fund NON - DEPARTMENTAL 4,755.18 2/14/12 FICA W/H General Fund NON - DEPARTMENTAL 2,038.61 2/14/12 MEDICARE W/H General Fund NON - DEPARTMENTAL 703.81 2/14/12 FICA W/H General Fund Administration 633.05 2/14/12 MEDICARE W/H General Fund Administration 148.06 2/14/12 FICA W/H General Fund Finance 274.62 2/14/12 MEDICARE W/H General Fund Finance 64.23 2/14/12 FICA W/H General Fund Planning 285.34 2/14/12 MEDICARE W/H General Fund Planning 66.74 2/14/12 FICA W/H General Fund Protective Inspections 182.53 2/14/12 MEDICARE W/H General Fund Protective Inspections 42.69 2/14/12 FICA W/H General Fund City Engineer 147.57 2/14/12 MEDICARE W/H General Fund City Engineer 34.51 2/14/12 FICA W/H General Fund Public Works 554.53 2/14/12 MEDICARE W/H General Fund Public Works 129.68 2/14/12 FICA W/H General Fund Ice & Snow Removal 30.25 2/14/12 MEDICARE W/H General Fund Ice & Snow Removal 7.07 2/14/12 FICA W/H General Fund Parks & Recreation 275.11 2/14/12 MEDICARE W/H General Fund Parks & Recreation 64.35 2/14/12 FICA W/H Southshore Communi Senior Community Cente 27.01 02 -23 -2012 12:54 AM C O U N C I L REPORT BY VENDOR- FEBRUARY 27, 2012 PAGE: 2 VENDOR SORT KEY DATE DESCRIPTION FUND DEPARTMENT AMOUNT 2/14/12 MEDICARE W/H Southshore Communi Senior Community Cente 6.31 2/14/12 FICA W/H Water Utility Water 359.51 2/14/12 MEDICARE W/H Water Utility Water 84.08 2/14/12 FICA W/H Sanitary Sewer Uti Sewer 81.12 2/14/12 MEDICARE W/H Sanitary Sewer Uti Sewer 18.96 2/14/12 FICA W/H Recycling Utility Recycling 15.09 2/14/12 MEDICARE W/H Recycling Utility Recycling 3.53 2/14/12 FICA W/H Stormwater Managem STORMWATER MANAGEMENT 143.66 2/14/12 MEDICARE W/H Stormwater Managem STORMWATER MANAGEMENT 33.60 TOTAL: 11,210.80 GROUT, TWILA 2/27/12 PARK & REC PO & LEGAL TOOL General Fund Parks & Recreation 59.00 TOTAL: 59.00 ICMA RETIREMENT TRUST - 302131 -457 2/14/12 P/R DEDUCTS - DEFERRED COM General Fund NON - DEPARTMENTAL 1,535.96 2/14/12 P/R DEDUCTS - DEFERRED COM General Fund NON - DEPARTMENTAL 127.54 TOTAL: 1,663.50 JEFFREY W. LAMBERT, P.A. 2/27/12 ERIC LEE ENGER General Fund Professional Svcs 123.75 TOTAL: 123.75 KENNEDY & GRAVEN, CHARTERED 2/27/12 RON JOHNSON LITIGATION General Fund Professional Svcs 236.92 TOTAL: 236.92 LEAGUE OF MINNESOTA CITIES 2/27/12 2012 JOINT LEG -LAURA HOTVE General Fund Council 95.00 TOTAL: 95.00 LOCAL LINK 2/27/12 MAR -ADSL General Fund Municipal Buildings 69.95 TOTAL: 69.95 LYNN & ASSOCIATES 2/27/12 2ND PYMT -LOCAL GOVT PEER General Fund Administration 980.00 TOTAL: 980.00 MALKERSON GUNN MARTIN LLP 2/27/12 GENERAL MATTERS General Fund Professional Svcs 1,850.00 2/27/12 AQUATIC INVASIVE -5490 VINE General Fund Professional Svcs 259.00 2/27/12 ACQUISITION -24620 SMTWN RD Community Infrastr Community Infrastructu 74.00 TOTAL: 2,183.00 MEDIACOM 2/27/12 5375 COUNTRY CLUB RD - SSC Southshore Communi Senior Community Cente 50.95 TOTAL: 50.95 METRO COUNCIL ENVMT(WASTEWATER) 2/27/12 WASTE WATER SVC Sanitary Sewer Uti Sewer 56,259.05 TOTAL: 56,259.05 METRO SALES, INC. 2/27/12 PRINTER MAINT 02/06- 02/06/ General Fund Municipal Buildings 720.00 TOTAL: 720.00 MIDWEST MAILING SYSTEMS, INC. 2/27/12 NEWSLETTER POSTAGE General Fund Administration 500.00 TOTAL: 500.00 MISC. VENDOR STEPHANIE JOCHIMS 2/27/12 FUSED GLASS ON 02/13/12 Southshore Communi Senior Community Cente 199.50 STEWART PLUMBING 2/27/12 28020 WOODSIDE RD- CANCEL P General Fund NON - DEPARTMENTAL 13.48 STEWART PLUMBING 2/27/12 28020 WOODSIDE RD- CANCEL P General Fund NON - DEPARTMENTAL 280.00 WILCOCK, KEITH D. 2/27/12 10- 780011 -98 Water Utility NON - DEPARTMENTAL 98.62 TOTAL: 591.60 02 -23 -2012 12:54 AM VENDOR SORT KEY MN DEPT OF REVENUE NCPERS MINNESOTA C O U N C I L REPORT BY VENDOR- FEBRUARY 27, 2012 PAGE: 3 DATE DESCRIPTION FUND DEPARTMENT 2/14/12 STATE W/H General Fund NON - DEPARTMENTAL TOTAL: 2/14/12 UNIT #762400 MONTHLY LIFE General Fund NON - DEPARTMENTAL TOTAL OFFICE DEPOT 2/27/12 GEN SUPPLIES 2/27/12 INK -TONER 2/27/12 TONER PERA 2/14/12 P/R DEDUCTS -PERA 2/14/12 P/R DEDUCTS -PERA 2/14/12 P/R DEDUCTS -PERA 2/14/12 P/R DEDUCTS -PERA 2/14/12 P/R DEDUCTS -PERA 2/14/12 P/R DEDUCTS -PERA 2/14/12 P/R DEDUCTS -PERA 2/14/12 P/R DEDUCTS -PERA 2/14/12 P/R DEDUCTS -PERA 2/14/12 P/R DEDUCTS -PERA 2/14/12 P/R DEDUCTS -PERA 2/14/12 P/R DEDUCTS -PERA 2/14/12 P/R DEDUCTS -PERA 2/14/12 P/R DEDUCTS -PERA SAM'S CLUB 2/27/12 CITY HALL 2/27/12 PUBLIC WORK General Fund NON - DEPARTMENTAL General Fund Administration General Fund Finance General Fund Planning General Fund Protective Inspections General Fund City Engineer General Fund Public Works General Fund Ice & Snow Removal General Fund Parks & Recreation Southshore Communi Senior Community Cente Water Utility Water Sanitary Sewer Uti Sewer Recycling Utility Recycling Stormwater Managem STORMWATER MANAGEMENT TOTAL: General Fund Municipal Buildings General Fund Public Works TOTAL: AMOUNT 2,016.26 2,016.26 32.00 32.00 9.18 106.96 73.81 189.95 3,241.06 756.68 361.61 379.43 251.76 172.55 676.85 35.77 368.19 31.57 440.77 98.80 17.65 168.00 7,000.69 186.35 224.13 410.48 SO LK MTKA POLICE DEPT 2/27/12 HENN CTY PROCESSING FEE General Fund Police Protection 34.09 TOTAL: 34.09 SPRINT 2/27/12 SVC 08/13 -09/12 Water Utility Water 62.31 2/27/12 SVC 08/13 -09/12 Sanitary Sewer Uti Sewer 62.31 TOTAL: 124.62 SUN NEWSPAPERS 2/27/12 ENCROACHMENTS 02/09 General Fund Planning 38.97 TOTAL: 38.97 SUN PATRIOT NEWSPAPERS 2/27/12 PUBLIC HEARING 02/11 General Fund Planning 22.05 TOTAL: 22.05 TKDA ENGINEERS ARCHITECTS PLANNERS 2/27/12 2012 MILL & OVERLAY Street Capital Imp Street Capt Improvemen 1,469.65 TOTAL: 1,469.65 TOTAL PRINTING SERVICES 2/27/12 RECEIPT BOOKS General Fund Administration 238.33 TOTAL: 238.33 UNIVERSITY OF MINNESOTA 2/27/12 STORMWATER U P8 MODEL REG General Fund City Engineer 195.00 2/27/12 BMP CLASS -MAY 1 -JUN 5 -JUL General Fund City Engineer 165.00 TOTAL: 360.00 VERIZON WIRELESS 2/27/12 612- 865 -3582 - BRAD NIELSE General Fund Planning 87.60 TOTAL: 87.60 Southshore Communi Senior Community Cente Southshore Communi Senior Community Cente Southshore Communi Senior Community Cente TOTAL: 02 -23 -2012 12:54 AM C O U N C I L REPORT BY VENDOR- FEBRUARY 27, 2012 PAGE: 4 VENDOR SORT KEY DATE DESCRIPTION FUND DEPARTMENT AMOUNT WARNER CONNECT 2/27/12 MAINT SVC General Fund Municipal Buildings 2,800.00 TOTAL: 2,800.00 WELLS FARGO HEALTH BENEFIT SVCS 2/14/12 P/R DEDUCTS -HSA General Fund NON - DEPARTMENTAL 1,366.43 2/14/12 P/R DEDUCTS -HSA General Fund Administration 98.08 TOTAL: 1,464.51 XCEL ENERGY 2/27/12 5655 MERRY LANE General Fund Parks & Recreation 10.18 TOTAL: 10.18 * *PAYROLL EXPENSES 2/12/2012 - 99/99/9999 General Fund Administration 10,437.04 General Fund Finance 4,987.77 General Fund Planning 5,233.53 General Fund Protective Inspections 3,472.65 General Fund City Engineer 2,380.07 General Fund Public Works 9,335.60 General Fund Ice & Snow Removal 493.28 General Fund Parks & Recreation 5,078.46 Southshore Communi Senior Community Cente 435.54 Water Utility Water 6,079.46 Sanitary Sewer Uti Sewer 1,362.75 Recycling Utility Recycling 243.39 Stormwater Managem STORMWATER MANAGEMENT 2,317.25 TOTAL: 51,856.79 FUND TOTALS 101 General Fund 74,684.11 404 Street Capital Improvemen 1,469.65 450 Community Infrastructure 74.00 490 Southshore Community Ctr. 1,891.32 601 Water Utility 7,124.75 611 Sanitary Sewer Utility 57,882.99 621 Recycling Utility 279.66 631 Stormwater ManagementUtil 2,662.51 GRAND TOTAL: 146,068.99 ------------------------- - - - - -- TOTAL PAGES: 4 #3B MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Christmas Lake Estates — Preliminary Plat Meeting Date: 27 February 2012 Prepared by: Brad Nielsen Reviewed by: Patti Helgesen Attachments: Draft Resolution Policy Consideration: Should the City Council approve a preliminary plat for Zehnder Homes, creating three single - family residential lots at the end of Christmas Lake Road, immediately north of Christmas Lane? Background: At its last meeting, the City Council directed staff to prepare a resolution approving a preliminary plat for Eric Zehnder. Financial or Budget Considerations: The proposed plat generates $10,000 in park dedication fees and $2400 in local sanitary sewer access charges. Options: Approve the resolution as drafted, modify the resolution, deny the resolution. Recommendation / Action Requested: Staff recommends approval of the draft resolution, after which the applicant has six months to submit a final plat. Next Steps and Timelines: The applicant has six months to submit a final plat. Connection to Vision / Mission: The proposed plat, with conditions imposed, contributes to a healthy environment and a sustainable tax base. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 CITY OF SHOREWOOD RESOLUTION NO. 12 -010 A RESOLUTION GRANTING PRELIMINARY PLAT APPROVAL FOR CHRISTMAS LAKE ESTATES WHEREAS, Zehnder Homes, Inc. (Applicant) has an interest in certain lands (the Property) within the City of Shorewood and has applied to the Council for preliminary approval of a plat to be known as Christmas Lake Estates; and WHEREAS, the Applicant's request has been reviewed by the City Planner and his recommendations have been duly set forth in memoranda to the Mayor and City Council dated 10 January 2012 and 31 January 2012 which memoranda are on file at City Hall; and WHEREAS, a Public Hearing was held by the Shorewood Planning Commission on 17 January 2012, for which notice was duly published and all adjacent property owners duly notified. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: FINDINGS OF FACT 1. The Property consists of 3.5 acres of land located at 6040 Christmas Lake Road and is occupied by an existing single - family dwelling. district. 2. The Property is located in the R -IA/S, Single - Family Residential/Shoreland zoning The Applicant proposes to subdivide the property into three single - family residential lots. north. 4. The center portion of the Property is occupied by a wetland basin that drains to the CONCLUSION A. The Applicant's request for preliminary plat approval of Christmas Lake Estates is hereby approved. B. The approval is subject to the recommendations set forth in the Planning Commission minutes of 8 February 2012, on file at the Shorewood City Hall. C. The Applicant must submit an application for a final plat for the Property by 27 August 2012. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 27th day of February 2012. CHRISTINE LIZEE, MAYOR ATTEST: BRIAN HECK, CITY CLERK/ADMINISTRATOR -2- ® #3C MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title/Subject: Organics Recycling Pilot Program Meeting Date: February 27, 2012 Prepared by: Julie Moore Reviewed by: Brian Heck Attachments: Zone Map Policy Consideration: Approving the pilot program collection agencies for zoned collection of organics to a portion of the city for one year. Background: The City of Shorewood received a grant to provide zoned collection of organics in the city for a period of one year. Two haulers, Organics Disposal and Vintage Waste Systems, have expressed interest in working with the city on the project. The City has been divided into four mainland zones and one island zone. Staff is working with the haulers to begin offering the first collection on the Island and west zone. One additional zone, either the central or southeast zone, will be finalized in early March. The program will begin with a mailing to the initial pilot area, funded by the grant dollars. Customers will sign up through the hauler. All subscriptions, service and billing will be handled through the hauler. The service is completely voluntary. Haulers will share participation rates with the city for the purpose of grant reporting. Grant dollars were provided to supplement the cost of the program so that all residents (up to 500 homes) will pay the same rate over the first year. After the first year residents will be able to continue the service at the rate determined by the hauler. Haulers will be open to offer their service in other zones if they desire, unless the city develops restrictions prohibiting open hauling of organics in the mean time. The first mailing is expected to be sent to the selected zones within the first two weeks of March. The haulers will provide the materials and the city will include a letter explaining the pilot nature of the program. Financial or Budget Considerations: The city will have no out -of- pocket expenses for this program. Only grant dollars will be used, except for the in -kind expense of staff time for the initial program mailing and subsequent education mailings as found necessary and provided for in the grant. Options: 1. Begin the pilot project with the two haulers as described above. 2. Return the funding to Hennepin County and do not offer the pilot program. Recommendation / Action Requested: Staff recommends Option #1 above. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 Next Steps and Timelines: • A mailing will be developed and mailed no later than March 16. Subscription service will begin immediately upon registration by the customer to the hauler. • Service will be offered and education materials sent to customers or potential customers as haulers find need. • Additional homes will be added to the pilot as the haulers see service availability. • At the end of the first year, a mailing of program participation results and diversion rates will be sent to customers, and they will choose whether to remain with the hauler for organics collection. CITY OF SHOREWOOD 5 I Cc. — -- 2 Elan H 3—, Cr c c - -. Tw s ci..mr a 6 Yctnly C• 2P —A (Lake Minnewashta) Households Per Zone Islands zone 93 N West zone 737 Central zone 732 ' 0 1,000 2.000 4.000 Feet Northeast zone 442 ' Shorewood Planning Department Southeast zone 845 12/11 Solid Waste Study ® #7 B MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Ice Rink / Warming House Policy Meeting Date: Monday, February 27, 2012 Prepared by: Brian Heck, City Administrator Reviewed by: Twila Grout, Recreation Coordinator Attachments: Recommended Policy Policy Consideration: Should the Council adopt a policy relating to the maintenance and operation of the city's ice rinks and warming houses? Background: This winter's weather presented a challenge to staff in regards to the creation and maintenance of skating surfaces. The warm weather actually resulted in some cities not having ice skating this year and others ended the season in mid - January. When staff looked at the situation in Shorewood, we realized there was not a policy addressing this particular situation. We also found there was not a policy related to closing warming houses when the temperature became too cold. Staff talked to the Park Commission about establishing a policy to address this situation should it occur in the future since staff received complaints from residents that we were wasting resources by maintaining the ice and complaints from residents that we were not maintaining the ice. The policy developed and recommended by the Park Commission establishes the conditions needed before public works will begin to create ice rinks. The policy outlines what happens if those conditions are not met by certain dates. For example, if the ground has not frozen adequately by January 23, the city will not attempt to create ice rinks. On the other side, if the temperature and wind speed create temperatures below -15, the warming houses will be closed. The park commission did hear from a resident who has a rink in the back yard and stated flooding at night is better than flooding in the morning. The commission would like public works to consider night- time flooding as an option next winter. Financial or Budget Considerations: This policy does not negatively affect the budget. This year there should be a positive impact, as warming houses were not operational so there were no part -time costs this year. Options: 1) Approve the policy as recommended; 2) Amend the policy and approve; 3) Refer back to Park Commission for further revisions. Recommendation / Action Requested: Staff recommends council approve the policy as presented by the Park Commission. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 Next Steps and Timelines: Staff will incorporate the policy in to the park section of the policy manual. Connection to Vision / Mission: This policy relates to providing quality public services, attractive amenities, and sound financial management. City of Shorewood's Outdoor Skating Rinks and Warming House Policies Purpose The purpose of this policy is to ensure safe conditions for all park patrons and that City facilities are used appropriately. To achieve this, the City of Shorewood has set in place the following policy for the use of the City's outdoor skating rinks and warming house facilities. Rink Flooding Public works staff will begin flooding rinks when there have been seven (7) or more consecutive days with temperatures below freezing. If warm weather does not permit Public Works to establish the rinks until after January 16, warming houses will not be open. Staff will continue to maintain rinks until February 15 or as weather permits. If the weather conditions do not permit the development of rinks by January 23, the skating rinks and warming houses will be closed for the season. Rink/Warming House Opening and Closing Weather permitting rinks / warming houses, will open approximately the week of Christmas and close on approximately February 15. Should conditions permit, facilities may remain open through the end of February. Warming houses and rinks will close when the air temperature drops to -10 degrees or the wind chill falls below -15. Warming houses and rinks will also close when the surface of the ice is too soft or there is standing water on the rinks. Rinks and warming houses will also remain closed if, on the weekend, there is an accumulation of snow of one (1) or more inches or when public works staff is not available to clear the rinks. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 27th day of February, 2012. ATTEST Christine Lizee, Mayor Brian Heck, City Administrator /Clerk ® #se MEETING TYPE ® C o f Shore wood Council Meeting Item Regular Meeting Title / Subject: Cannon — Minor Subdivision /Combination and Lot Width /Area Variances Meeting Date: 27 February 2012 Prepared by: Brad Nielsen Reviewed by: Patti Nelgesen Attachments: Planning Director's memorandum Draft Resolution Policy Consideration: Should the City grant lot width and area variances to allow Mike Cannon to rearrange the property lines between the two lots at 28170 and 28180 Woodside Road in order to bring them into substantial compliance with the Shorewood Zoning Code? Background: Mike Cannon has requested a minor subdivision /combination to rearrange the property lines between two substandard lots of record on Woodside Road. For complete background on this item, see Planner's memorandum, attached. The Planning Commission voted unanimously to approve the variances and minor subdivision /combination, subject to staffs recommendations. A draft resolution is attached for the Council's consideration. Financial or Budget Considerations: None. The lot line rearrangement simply makes both lots buildable as defined by the Shorewood Zoning Code. Options: Approve the resolution; deny the resolution; or modify the resolution. Recommendation / Action Requested: It is recommended that the resolution be adopted. Next Steps and Timelines: Upon receipt of the certified copy of the resolution, the Applicant must record it and the accompanying attachments within 30 days. Connection to Vision / Mission: Approval of the request contributes to a sustainable tax base. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 CITY OF SHOREWOOD RESOLUTION NO. A RESOLUTION APPROVING A SUBDIVISION AND COMBINATION OF REAL PROPERTY AND LOT WIDTH AND AREA VARIANCES FOR MICHAEL AND ELIZABETH CANNON WHEREAS, Michael and Elizabeth Carrion (Applicants) have an interest in certain real property in the City of Shorewood, legally described in Exhibit A, attached hereto and made a part hereof, and WHEREAS, the Applicants have applied to the City for a subdivision and combination of said real property into two parcels legally described in Exhibit B, attached hereto and made a part hereof; and WHEREAS, the Applicants have agreed to grant to the City drainage and utility easements as provided in Exhibits C and D, attached hereto and made a part hereof; and WHEREAS, the Applicants have agreed to grant to the City 17 feet of road right -of -way as provided in Exhibit E, attached hereto and made a part hereof; and WHEREAS, the Applicants propose to establish a shared private driveway agreement as provided for in Exhibit F, attached hereto and made a part hereof; and WHEREAS, the Applicant has applied for variances for lot width and area on the two proposed lots; and WHEREAS, the Applicant's request was reviewed by the City Planner, whose recommendations are included in a memorandum, dated 31 January 2012, a copy of which is on file at the Shorewood City }Mall; and WHEREAS, after required notice a public hearing was held and the application reviewed by the Planning Commission at a regular meeting held on 8 February 2012, the minutes of which meeting are on file at City Hall; and WHEREAS, the City Council considered the application at its regular meeting on 27 February 2012, at which time the Planner's memorandum and the Planning Commission's recommendations were reviewed and comments were heard by the Council from the Applicant and from the City staff; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: FINDINGS OF FACT 1. The northerly lot currently contains 37,155 square feet of land, is 98.5 feet in width and is located in an R -I A /S, Single - Family Residential /Shoreland zoning district. 2. The southerly lot currently contains 39,495 square feet of land, is 71 feet in width and is located in an R -lA /S, Single-Family Residential /Shoreland zoning district. 3. The proposed subdivision will result in the northerly lot having 35,687 square feet of land, and 95 feet in width. -1- 4. The proposed subdivision will result in the southerly lot having 39,045 square feet of land, and 84 feet in width. 5. The existing right-of-way for Woodside Road is substandard and the Applicants have agreed to convey 17 feet of right -of -way to the City of Shorewood. 6. The proposed lots will comply with the requirement that nonconforming lots of record must meet 70 percent of the minimum width and area requirements to be considered as buildable lots. CONCLUSIONS A. The Applicants have satisfied the criteria for the grant of a variance under the Shorewood City Code and have established practical difficulties as defined by Minnesota Statutes. B. Based upon the foregoing, the City Council hereby grants lot width and area variances to the Applicants. C. The real property legally described in Exhibit A is herewith approved for subdivision and combination into two parcels, legally described in Exhibit B. D. The Applicants shall record this resolution, together with the drainage and utility easements legally described in Exhibits C and D, the public right -of -way legally described in Exhibit E, and the shared private driveway maintenance and improvement agreement described in Exhibit F, with the Hennepin Comity Recorder or Registrar of Titles within thirty (30) days of the date of the certification of this resolution. E. The City Clerk will furnish the Applicants with a certified copy of this resolution for recording purposes. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 27th day of February 2012. CHRISTINE LIZEE, MAYOR ATTEST: BRIAN HECK, CITY ADMINISTRATOR/CLERK -2- ORIGINAL LEGAL. DESCRIPTIONS: NORTHERLY PARCEL: That part of Government Lots 2 and 3, Section 31, Township 1.17 North, Range 23 West, and of Lot W, Scott's Subdivision in Lot 2, Section 31, Township 117 North, Range 23 West, described as follows: Beginning at a point on the Southerly extension of the centerline of the Street (Woodside Road) on the Easterly side of Lots 1 to 10 inclusive of Scott's Subdivision of Lot 2, Section 31, Township 117 North, Range 23 West, and said point being 31.19 feet Southerly along said Southerly extension from the intersection of said centerline and the South line of said Government Lot 2; thence Northerly along said extension to the South line of said Government Lot 2; thence West to the intersection of said South line with the Southerly extension of the Easterly line of Lot 10, Scott's Subdivision of Lot 2, Section 31, Township 117 North, Range 23 West; thence Northerly on said extended line and said Easterly line of said Lot 10, a distance of 75.9 feet to a point 42.5 feet Northerly from the Southeasterly corner of said Lot 10; thence West on a line parallel to the South line of said Lot 10 to the shoreline of Lake Minnetonka; thence Southerly along said shoreline to its intersection with a line drawn Westerly from the point of begiming, said line forming a Southwesterly angle of 85 degrees 36 minutes with the Southerly extension of centerline of said Street (Woodside Road); thence to the point of beginning, Hennepin County, Minnesota. SOUTHERLY PARCEL: Beginning at a point on the southerly extension of the centerline of the street on the easterly side of Lots 1 to 10 inclusive of Scott's Subdivision of Lot 2, Section 31, Township 117 North, Range 23 West, said point being 31.19 feet southerly along said southerly extension from the intersection of said centerline and the south line of said Government Lot 2; thence westerly along a line drawn westerly from said point, said line forming a southwesterly angle of 85 degrees 36 minutes with the southerly extension of the centerline of said street, to the shoreline of Lake Minnetonka; thence southerly along said shoreline to its intersection with a line parallel to and 97.45 feet south at right angles from the south line of said Government Lot 2; thence east along said line to its intersection with the southerly extension of the centerline of said street; thence northerly on said extended line to the point of beginning. Exhibit A PROPOSED LEGAL DESCRIPTIONS: NORTHERLY PARCEL: That part of Lot 10, Scott's Subdivision of Lot 2, Section 31, Township 117 North, Range 23 West, Hennepin County, Minnesota, which lies South of the North 32.98 feet thereof; and that part of the vacated street adjacent and south of said Lot 10, and of Government Lot 3, Section 31, Township 117, Range 23, which lies westerly of the southerly extension of the West line of the street adjacent to Lots 1 through 10 in said Scott's Subdivision of Lot 2, Section 31, Township 117 North, Range 23 West, and which lies northerly of the following described Line "A ": Connnencing at the intersection of the West right of way line of said street and the North line of said Government Lot 3; thence easterly along said North line to an intersection with said street centerline extension; thence southerly along said centerline extension a distance of 31.19 feet to a point hereinafter referred to as Point "B"; thence deflecting to the right an angle of 85 degrees 36 minutes a distance of 89.36 feet to a point hereinafter referred to as Point "C"; thence northeasterly to the point of commencement and the beginning of said Line "A"; thence southwesterly to said Point "C"; thence westerly to the shore of Lake Minnetonka, on a westerly extension of the line from Point "B" to Point "C" and there terminating. SOUTHERLY PARCEL: That part of the North 97.45 feet of Government Lot 3, Section 31, Township 117, Range 23, Hennepin County, Minnesota and of the vacated street adjacent and south of Lot 10, Scott's Subdivision of Lot 2, Section 31, Township 117 North, Range 23 West, Hennepin County, Minnesota, which lie westerly of a line parallel to and 17 feet West of the southerly extension of the centerline of the street adjacent to Lots I through 10 in Scott's Subdivision of Lot 2, Section 31, Township 117 North, Range 23 West, and which lie southerly of the following described Line "A ": Commencing at the intersection of the West right of way line of said street and the North line of said Government Lot 3; thence easterly along said North line to an intersection with said street centerline extension; thence southerly along said centerline extension a distance of 31.19 feet to a point hereinafter referred to as Point "B"; thence deflecting to the right an angle of 85 degrees 36 minutes a distance of 89.36 feet to a point hereinafter referred to as Point "C'; thence northeasterly to the point of commencement and the beginning of said Line "A"; thence southwesterly to said Point "C'; thence westerly to the shore of Lake Minnetonka, on a westerly extension of the line from Point `B" to Point "C" and there terminating. Exhibit B GRANT OF EASEMENT This Grant of Easement is made the day of February, 2012, from.Michael J. Cannon and Elizabeth A. Cannon, husband and wife, Grantors, granting unto the City of Shorewood, a municipal corporation organized under the laws of the State of Minnesota, Grantee, a drainage and utility easement over and across real property in Hennepin County, Minnesota, described as follows: SEE ATTACHED EXHIBIT A The purpose and intent of said utility and drainage easement being more specifically described as follows: - Grantee, its successors and assigns, shall have the right to enter upon the easement described above for the purpose of installing, repairing, maintaining or removing any utilities or drainage facilities located thereon, whether above ground or below ground. - It is intended that the above easement shall run with the land in perpetuity. CONSIDERATION FOR THIS TRANSFER IS LESS THAN $500 Page 1 of 2 Exhibit C Michael J. Cannon Elizabeth A. Cannon STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this day of February, 2012, by Michael J. Cannon and Elizabeth A. Cannon, husband and wife, Grantor(s). Notarial Stamp or Seal Signature of Person Taking Acknowledgment THIS INSTRUMENT DRAFTED BY: Frederick R. Kopplin Attorney at Law 5038 34th Avenue South Minneapolis, MN 55417 (612) 721 -4488 I.D. #57563 Page 2 of 2 EXHIBIT A The Northerly, Easterly and Southerly 10 feet of the following describe parcel: That part of Government Lots 2 and 3, Section 31, Township 117 North, Range 23 West, and of Lot 10, Scott's Subdivision in Lot 2, Section 31, Township 117 North, Range 23 West, described as follows: Beginning at a point on the Southerly extension of centerline of the Street (Woodside Road) on Easterly side of Lots 1 to 10 inclusive of Scott's Subdivision of Lot 2, Section 31, Township 117 North, Range 23 West, said point being 31.19 feet Southerly along said Southerly extension from the intersection of said centerline and the South line of said Govenunent Lot 2; thence Northerly along said extension to the South line of said Government Lot 2; thence West to the intersection of said South line with the Southerly extension of the Easterly line of Lot 10, Scott's Subdivision of Lot 2, Section 31, Township 117 North, Range 23 West; thence Northerly on said extended line and said Easterly line of said Lot 10, a distance of 75.9 feet to a point 42.5 feet Northerly from Southeasterly corner of said Lot 10; thence West on a line parallel to South line of said Lot 10 to shoreline of Lake Minnetonka; thence Southerly along said shoreline to its intersection with a line drawn Westerly from the point of beginning said line forming a Southwesterly angle of 85 degrees 36 minutes with the Southerly extension of centerline of said Street (Woodside Road); thence to point of beginning, Hennepin County, Minnesota; except the following described parcel: Beginning at a point on the Southerly extension of the centerline of the Street (Woodside Road) on the Easterly side of Lots 1 to 10 inclusive of Scott's Subdivision of Lot 2, Section 31, Township 117 North, Range 23 West, and said point being 31.19 feet Southerly along said Southerly extension from the intersection of said centerline and the South line of said Government Lot 2; thence Northerly along said extension to the South fine of said Government Lot 2; thence West to the intersection of said South line with the Southerly, extension of the Easterly line of Lot 10, Scott's Subdivision of Lot 2, Section 31, Township 117 North, Range 23 West; thence southwesterly to a point distant 89.36 feet westerly from the point of beginning and on a line drawn Westerly from the point of beginning, said line forming a Southwesterly angle of 85 degrees 36 minutes with the Southerly extension of centerline of said Street (Woodside Road); thence to the point of beginning. And a strip of land which lies 10 feet easterly of the following described line and between a line 10 feet southerly of the North boundary line of the above described parcel and a line 1.0 feet northerly of the South boundary line of the above described parcel: Beginning at the northeast corner of the above described parcel; thence westerly along the North line of the above described parcel a distance of 411.87 feet to the point of beginning of the line to be described; thence southerly to a point on the South line of the above described parcel which lies a distance of 371.07 feet from the westerly angle point in said South line and there terminating. GRANT OF EASEMENT This 'Grant of Easement is made the day of February, 2012, from MJ Cannon Consulting LLC, a Minnesota limited liability company, Grantor, granting unto the City of Shorewood, a municipal corporation organized under the laws of the State of Minnesota, Grantee, a drainage and utility easement over and across real property in Hennepin County, Minnesota, described as follows: SEE ATTACHED EXHIBIT A The purpose and intent of said utility and drainage easement being more specifically described as follows: - Grantee, its successors and assigns, shall have the right to enter upon the easement described above for the purpose of installing, repairing, maintaining or removing any utilities or drainage facilities located thereon, whether above ground or below ground. - It is intended that the above easement shall run with the land in perpetuity. CONSIDERATION FOR THIS TRANSFER IS LESS THAN $500 Page 1 of 2 Exhibit D MJ CANNON CONSULTING LLC By: Michael J. Cannon Its: Chief Manager & Secretary STATE OF MINNESOTA ). ) COUNTS OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of February, 2012, by Michael J. Cannon, the Chief Manager & Secretary of NJ Cannon Consulting LLC, a Minnesota limited liability company, on behalf of the Company. Notarial Stamp or Seal Signature of Person Taking Acknowledgment THIS INSTRUMENT DRAFTED BY: Frederick R. Kopplin Attorney at Law 5038 34th Avenue South Minneapolis, MN 55417 (612) 721 -4488 I.D. #575630 Page 2 of 2 u. The Northerly, Easterly and Southerly 10 feet of the following describe parcel: All that part of Lots 2 and 3, Section 31, Township 117 North, Range 23 West, described as follows: Beginning at a point on the southerly extension of the centerline of the street on the easterly side of Lots 1 to 10 inclusive of Scott's Subdivision of Lot 2, Section 31, Township 117 North, Range 23 West, said point being 31.19 feet southerly along said southerly extension from the intersection of said centerline and the south Line of said Government Lot 2; thence westerly along a line drawn westerly from said point, said line forming a southwesterly angle of 85 degrees 36 minutes with the southerly extension of the centerline of said street, to the shoreline of Lake Minnetonka; thence southerly along said shoreline to its intersection with a line parallel to and 97.45 feet south at right angles from the south line of said Government Lot 2; thence east along said line to its intersection with the southerly extension of the centerline of said street; thence northerly on said extended line to the point of beginning; and together with the following described parcel: Beginning at a point on the Southerly extension of the centerline of the Street (Woodside Road) on the Easterly side of Lots 1 to 10 inclusive of Scott's Subdivision of Lot 2, Section 31, Township 117 North, Range 23 West, and said point being 31.19 feet Southerly along said Southerly extension from the intersection of said centerline and the South line of said Government Lot 2; thence Northerly along said extension to the South line of said Government Lot 2; thence West to the intersection of said South line with the Southerly extension of the Easterly line of Lot 10, Scott's Subdivision of Lot 2, Section 31, Township 117 North, Range 23 West; thence southwesterly to a point distant 89.36 feet westerly from the point of beginning and on a line drawn Westerly from the point of beginning, said line forming a Southwesterly angle of 85 degrees 36 minutes with the Southerly extension of centerline of said Street (Woodside Road); thence to the point of beginning. And a strip of land which lies 10 feet easterly of the following described line and between a line 10 feet southerly of the North boundary line of the above described parcel and a line 10 feet northerly of the South boundary line of the above described parcel: Beginning at the northeast corner of the above described parcel; thence westerly along the North line of the above described parcel a distance of 411.87 feet to the point of beginning of the line to be described; thence southerly to a point on the South line of the above described parcel which lies a distance of 371.07 feet from the westerly angle point in said South line and there terminating. QUIZ' CLAIM DEED CORPORATION TO CORPORATION STATE DEED TAX DUE HEREON: $ Date: February , 2012 FOR VALUABLE CONSIDERATION, MJ Cannon Consulting LLC, a Minnesota limited liability company, Grantor, hereby conveys and quitclaims to the City of Shorewood, a municipal corporation organized under the laws of the State of Minnesota, Grantee, real property in Hennepin County, Minnesota, described as follows: See attached Exhibit A CONSIDERATION FOR THIS TRANSFER IS LESS THAN $500 THE SELLER CERTIFIES THAT THE SELLER DOES NOT KNOW OF ANY WELLS ON THE DESCRIBED REAL PROPERTY (Page 1 of 2) Exhibit E MJ CANNON CONSULTING LLC By: Michael J. Cannon Its: Chief Manager & Secretary STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of February, 2012, by Michael J. Cannon, the Chief Manager & Secretary of MJ Cannon Consulting LLC, a Minnesota limited liability company, on behalf of the Company. Notarial Stamp or Seal Signature of Person Taking Acknowledgment Tax Statements for the real property described in this instrument should be sent to (Include name and address of Grantee): THIS INSTRUMENT DRAFTED BY: Frederick R. Kopplin Attorney at Law 5038 34th Avenue South Minneapolis, MN 55417 I.D. #57563 City of Shorewood (Page 2 of 2) EXHIBIT A The Easterly 17 feet of the following two parcels: 1. All that part of Government Lots 2 and 3, Section 31, Township 117 North, Range 23 West, described as follows: Beginning at a point on the southerly extension ofthe centerline ofthe street on the easterly side of Lots 1 to 10 inclusive of Scott's Subdivision of Lot 2, Section 31, Township 117 North, Range 23 West, said point being 31.19 feet southerly along said southerly extension from the intersection of said centerline and the south line of said Government Lot 2; thence westerly along a line drawn westerly from said point, said line forming a southwesterly angle of 85 degrees 36 minutes with the southerly extension ofthe centerline of said street, to the shoreline of Lake Minnetonka; thence southerly along said shoreline to its intersection with a line parallel to and 97.45 feet south at right angles from the south line of said Government Lot 2; thence east along said line to its intersection with the southerly extension ofthe centerline of said street; thence northerly on said extended line to the point of beginning; and together with 2: The following described parcel: Beginning at a point on the Southerly extension of the centerline of the Street (Woodside Road) on the Easterly side of Lots I to 10 inclusive of Scott's Subdivision of ct 2, Section 31, Township 117 North, Range 23 West, and said point being 31.19 feet Southerly along said Southerly extension fiorn the intersection of said centerline and the South line of said Government Lot 2; thence Northerly along said extension to the South line of said Government L.ot 2; thence West to the intersection of said South line with the Southerly extension of the Easterly line of Lot 10, Scott's Subdivision of Lot 2, Section 31, Township 117 North, Range 23 West; thence southwesterly to apoint distant 89.36 feet westerly from the pointofbeginning and on aline drawn Westerly from the point of beginning, said line forming a Southwesterly angle of 85 degrees 36 minutes with the Southerly extension of centerline of said Street (Woodside Road); thence to the point of beginning. l.VP1B1NzL GRANT OF EASEMENT AND SHARED PRIVATE DRIVEWAY MAINTENANCE AND IMPROVEMENT AGREEMENT This Grant and Agreement is made the. day of February, 2012, by and between Michael J. Cannon and Elizabeth A. Cannon, husband and wife, fee owners of the North Property and MJ Cannon Consulting LLC, a Minnesota limited liability company, fee owner of the South Property; Properties Involved a. North Property - commonly known as 28170 Woodside Road, Shorewood, Minnesota; and legally described as: See attached Exhibit A b. South Property - commonly known as 28180 Woodside, Shorewood, Minnesota; and legally described as: See attached Exhibit B 2. Purpose The purpose of this Agreement is to create a private shared roadway allowing ingress and egress for driveway purposes for occupants and owners of the North Property over and across the South Property and to provide a procedure to allocate and collect the costs to maintain, same (including snow removal) , repair and improve the private shared roadway, wherever said driveway is eventually located. 3. Location /Benefit The driveway shall be located on the South Property and to the extent needed to fully carry out the above purpose, the owner of the South Property on behalf of itself and its successors and assigns, hereby grants and conveys unto the owners of the North Property and their successors and assigns, for their benefit, an easement running with the land for ingress and egress over and across the existing traveled roadway located on the easterly 195 feet of the South Property. Page 1 of 4 Exhibit F a. Permanent Driveway All parties agree to execute a new agreement embodying the terms and provisions of this Agreement upon the final determination of the permanent location of the Driveway and shall grant the other parties all standard ingress and egress easement rights as a part of the agreement to be signed. i. There shall be no retaining walls, structures or other barriers that will. impede or restrict the current access to any building now existing on either property. ii. Both this Agreement and the anticipated future agreement shall run with the land, being a part of the permanent chain of title of the Properties Involved, and any owner thereof shall be subject to the terms hereof. 4. Maintenance Fund A Maintenance Fund (MF) shall be established with a checking account at a bank or other depository agreed upon by all the parties hereto, funded by an annual assessment on each household using the driveway for the purpose of paying the costs to maintain (including snow removal), repair and improve the Driveway. a. Assessment Unit (AU) - Each household and each motorized vehicle which is owned, stored or otherwise maintained on either property, shall be deemed to be a separate Assessment Unit. For example - a household where the members or occupants of the household own or maintain three cars and one motorcycle shall be five Assessment Units. i. Annual Assessment -.The initial Annual Assessment (AA) for any household shall be $ multiplied by the number of AU's attributed to said household. If additional amounts are needed, a proportional amount per AU may be requested upon 10 day notice, which may be oral or written. ii. AA adjustment - On June 1, the expenses of the last twelve months shall be totaled and the AU for the next year shall determined as the quotient of the total expenses divided by the number of all outstanding AU's times 1.05. b. Maintenance Fund Manager - The initial Maintenance Fund Manager shall be Michael J. Cannon and he shall continue in this capacity until the earlier of August 1, 2013 or the date he no longer resides at one of Properties Involved; at which time the responsibilities as the Maintenance Fund Manager shall rotate annually between the households residing at one of the Properties Involved, from August 1 to July 31. The responsibilities of the Maintenance Fund Manager shall be to Page 2 of 4 collect the AA, obtain and pay with the ME funds for the maintenance and repair costs of the Driveway and calculate and notify all parties to this Agreement of the adjustment of the AA. 5. Enforcement The obligations and liabilities contained in this Agreement shall be enforced by the fee owner of either property, their heirs, successors and assigns by: a. Injunctive relief, prohibitive or mandatory, to prevent breach of or to enforce performance or observance of these obligations and liabilities, and /or b. Money judgment for damages by reason of the breach of the liabilities and obligations set forth herein. C. The placing of a lien upon a parcel if the owner of said parcel refuses to pay his /her /its proportionate share of costs of repair and maintenance. Written notice of the repair or maintenance obligation must be given to the owner by the owner wishing to enforce said obligation, at least 30 days prior to placement of any lien. 6. Failure to Enforce Failure to enforce any of the terms and provisions contained in this Declaration upon the violation thereof shall in no event be deemed to be a waiver of the right to do so as to any ,subsequent violation. 7. Invalidation Invalidation of any of the terms and conditions of this Declaration, whether by Court Order or otherwise, shall in no way affect any of the other terms and conditions, which shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Declaration to be executed as of the day and year first written above. NORTH PROPERTY Michael J. Cannon SOUTH PROPERTY MJ Cannon Consulting Z,LC, a Minnesota limited liability company By: Michael J. Cannon, Chief Manager & secretary Elizabeth Cannon Page 3 of 4 STATE OF MINNESOTA ss. COUNTY OF HENNEPIN The foregoing instrument as acknowledged before me this day of February, 2012, . by Michael J. Cannon and Elizabeth A. Cannon, husband and wife. Notary Public STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN The foregoing instrument as acknowledged before me this day of February, 2012, by Michael J. Cannon the chief manager and secretary of MJ Cannon Consulting LLC, a Minnesota limited liability company, on.behalf of the company. Notary Public THIS INSTRUMENT DRAFTED BY: Frederick R. Kopplin Attorney at Law 5038 34th Avenue South Minneapolis, MN 5547.7 (612) 721 -4488 I.D. #57563 Page 4 of 4 EXHIBIT A That part of Government Lots 2 and 3, Section 31, Township 117 North, Range 23 West, and of Lot 10, Scott's Subdivision in Lot 2, Section 31, Township 117 North, Range 23 West, described as follows: Beginning at a point on the Southerly extension of centerline of the Street (Woodside Road) on Easterly side of Lots 1 to 10 inclusive of Scott's Subdivision of Lot 2, Section 31, Township 117 North, Range 23 West, said point being 31.19 feet Southerly along said Southerly extension from the intersection of said centerline and the South Iine of said Government Lot 2; thence Northerly along said extension to the South line of said Government Lot 2; thence West to the intersection of said South line with the Southerly extension of the Easterly line of Lot 10, Scott's Subdivision of Lot 2, Section 31, Township 117 North, Range 23 West; thence Northerly on said extended line and said Easterly line of said Lot 10, a distance of 75.9 feet to a point 42.5 feet Northerly from Southeasterly corner of said Lot 10; thence West on a line parallel to South line of said Lot 10 to shoreline of Lake Minnetonka; thence Southerly along said shoreline to its intersection with a line drawn Westerly from the point of beginning said line forming, a Southwesterly angle of 85 degrees 36 minutes with the Southerly extension of centerline of said Street (Woodside Road); thence to point of beginning, Hennepin County, Minnesota; except the following described parcel: Beginning at a point on the Southerly extension of the centerline of the Street (Woodside Road) on the Easterly side of Lots 1 to 10 inclusive of Scott's Subdivision of Lot 2, Section 31, Township 117 North, Range 23 West, and said point being 31.19 feet Southerly along said Southerly extension from the intersection of said centerline and the South line of said Government Lot 2; thence Northerly along said extension to the South line of said Government Lot 2; thence West to the intersection of said South line with the Southerly extension of the Easterly line ofLot 10, Scott's Subdivision ofLot 2, Section 31, Township 117 North, Range 23 West; thence southwesterly to a point distant 89.36 feet westerly from the point of beginning and on a line drawn Westerly from the point of beginning, said line forming a Southwesterly angle of 85 degrees 36 minutes with the Southerly extension of centerline of said Street (Woodside Road); thence to the point of beginning. EXHIBIT B All that part of Government Lots 2 and 3, Section 31, Township 117 North, Range 23 West, described as follows: Beginning at a point on the southerly extension ofthe centerline ofthe street on the easterly side of Lots 1 to 10 inclusive of Scott's Subdivision of Lot 2, Section 31, Township 117 North, Range 23 West, said point being 31.19 feet southerly along said southerly extension from the intersection of said centerline and the south line of said Government Lot 2; thence westerly along a line drawn westerly from said point, said line forming a southwesterly angle of 85 degrees 36 minutes with the southerly extension of the centerline of said street, to the shoreline of Lake Minnetonka; thence southerly along said shoreline to its intersection with a line parallel to and 97.45 feet south at right angles fi-om the south line of said Government Lot 2; thence east along said line to its intersection with the southerly extension of the centerline of said street; thence northerly on said extended line to the point of beginning; and together with the following described parcel: Beginning at a point on the Southerly extension of the centerline of the Street (Woodside Road) on the Easterly side of Lots 1 to 10 inclusive of Scott's Subdivision ofLot 2, Section 31, Township 117 North, Range 23 West, and said point being 31.19 feet Southerly along said Southerly extension from the intersection of said centerline and the South line of said Government Lot 2; thence Northerly along said extension to the South line of said Government Lot 2; thence West to the intersection of said South line with the Southerly extension ofthe Easterly line ofLot 10, Scott's Subdivision ofLot 2, Section 31, Township 117 North, Range 23 West; thence southwesterly to a point distant 89.36 feet westerly from the point of beginning and on a line drawn Westerly from the point of beginning, said line forming a Southwesterly angle of 85 degrees 36 minutes with the Southerly extension of centerline of said Street (Woodside Road); thence to the point of beginning; Except the Easterly 17 feet thereof; Subject to utility and drainage easements of record, # ® 9A 1: U2 MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Accepting Plans, Specifications and Authorizing Advertisement for Bids for Mill & Overlay of Streets in 2012. Meeting Date: February 27, 2012 Prepared by: James Landini Reviewed by: Brian Heck Attachments: Resolution Policy Consideration: Should the city proceed with the project, "Mill & Overlay of Streets for 2012 "? Background: As part of the Operating Budget, funds are set aside each year for Road Maintenance. The 2012 budget has $298,000 earmarked for Mill & 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 2012 are Clover Lane, Club Lane, Elder Turn, Knightsbridge Road, Lakeway Terrace, Pleasant Avenue, Tee Trail, Wood Drive, and Wood Duck Circle. This schedule may change due to budgetary constraints. 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., Monday, April 2, 2012. Financial or Budget Considerations: The 2012 Mill & Overlay budget is $298,000. Options: 1. Approve the resolution Accepting Plans, Specifications and Authorizing Advertisement for Bids for Mill & Overlay of Streets for 2012. 2. Direct staff to select different roads. 3. Do nothing. Recommendation / Action Requested: Staff recommends approval of the attached resolution approving plans and specifications for the Mill & Overlay of Streets for 2012 and authorizes advertisement for bids. Next Steps and Timelines: The Ad for Bid will be published; bids will be opened on April 2 and the low bid will be considered for approval at the April 9 City Council meeting. Connection to Vision / Mission: Maintaining streets provides quality public services, attractive amenities and sound financial management. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 CITY OF SHOREWOOD RESOLUTION NO. 12- A RESOLUTION APPROVING SPECIFICATIONS AND ESTIMATE AND AUTHORIZING ADVERTISEMENTS FOR BIDS FOR 2012 MILL & OVERLAY CITY PROJECT 12 -02 WHEREAS, the City of Shorewood designated $298,000 for mill & overlay in the Capital Improvement Plan; and and WHEREAS, the City Engineer has identified streets within the City that need mill & overlay; WHEREAS, the City Engineer has prepared Specifications and Estimate dated March 1, 2012 for a project within the City of Shorewood for the 2012 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 according to MN State Law 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 city at 10:00 a.m. (CST), on April 2, 2012, 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 27 day of February, 2012. ATTEST: Christine Lizee, Mayor Brian Heck, City Administrator /Clerk ADVERTISEMENT FOR BIDS 2012 Bituminous Mill, Overlays and Appurtenant Work for Clover Lane, Club Lane, Elder Turn, Knightsbridge Road, Lakeway Terrace, Pleasant Avenue, Tee Trail, Wood Drive, Wood Duck Circle City Project No. 12 - 02 City of Shorewood, Minnesota NOTICE 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 Mon., the 2nd day of April, 2012 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 complete, in place, construction of the following; 5,309 SY MILL BITUMINOUS SURFACE 900 TON TYPE SP 9.5 NON WEARING COURSE MIXTURE 2B 2,596 TON TYPE SP 9.5 WEARING COURSE MIXTURE 2B 1,090 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. Email jlandini ,ci.shorewood.mn.us to request pdf plans. No Bids will be considered unless sealed and endorsed upon the outside wrapper, "BID FOR 2012 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: March 1st, 2012 BY: ORDER OF THE CITY COUNCIL Brian Heck, City Administrator PUBLISHED IN: The "Finance- Commerce" The "Sun Sailor" March 12 & March 26 2012 March 8th & March 29 2012 2012 Bituminous Mill and Overlays AFB 1: (2 #1OA U2 MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Appointments to the Park Commission Meeting Date: February 27, 2012 Prepared by: Jean Panchyshyn, Deputy Clerk Reviewed by: Brian Heck, City Administrator Attachments: Resolution Background: Earlier this evening, Council held a special meeting to interview candidates to consider appointment to fill two open seats on the Park Commission. The term of the appointments runs through February 2015. Justin Mangold and Bob Edmondson interviewed for the seats. Mr. Edmondson is a current member of the Commission. Action Options: 1) Identify which candidate(s) to be appointed, and adopt a resolution appointing the candidates identified; And /or 2) Direct staff to continue to advertise for the Park Commission opening(s). Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 CITY OF SHOREWOOD RESOLUTION NO. 12 -013 A RESOLUTION MAKING PARK COMMISSION APPOINTMENTS WHEREAS, the City of Shorewood City Council has considered the appointment of Shorewood residents to serve on the Park Commission; NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Shorewood hereby makes the following appointments to the Park Commission effective March 1, 2012, with the term expiration as indicated: Park Commission: Member Term Expiring 1. 2. February 28, 2015 February 28, 2015 Said appointments are made to the seven - member Park Commission which consists of the following additional members: Member Term Expiring 3. Lynda Gooch Hartmann February 28, 2013 4. Nicholas Swaggert 5. Susan Gordon 6. Steve Quinlan 7. Mark Kjolhaug February 28, 2013 February 28, 2013 February 28, 2014 February 28, 2014 ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 27th day of February, 2012. ATTEST Christine Lizee, Mayor Brian Heck, City Administrator /Clerk 1: (2 #1OB U2 MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Appointments to the Planning Commission Meeting Date: February 27, 2012 Prepared by: Jean Panchyshyn, Deputy Clerk Reviewed by: Brian Heck, City Administrator Attachments: Resolution Background: Earlier this evening, Council held a special meeting to interview candidates to consider appointment to fill two open seats on the Planning Commission. The term of the appointments run through February 2015. Chris Polson, Larry Muehlberg, and Ed Hasek interviewed for the seats. Mr. Hasek is a current member of the commission. Action Options: 1) Identify which candidate(s) to be appointed, and adopt a resolution appointing the candidates identified; And /or 2) Direct staff to continue to advertise for the Planning Commission opening(s). Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 CITY OF SHOREWOOD RESOLUTION NO. 12 -014 A RESOLUTION MAKING PLANNING COMMISSION APPOINTMENTS WHEREAS, the City of Shorewood City Council has considered the appointment of Shorewood residents to serve on the Planning Commission; NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Shorewood hereby makes the following appointment to the Planning Commission effective March 1, 2012, with the term expiration as indicated: Planning Commission: Member 1. 2. Term February 28, 2015 February 28, 2015 Said appointment is made to the seven member Planning Commission which consists of the following additional members: Member Term 3. Thomas Geng February 28, 2013 4. David Hutchins 5. Sue Davis 6. Steve Charbonnet 7. Michael Garelick February 28, 2013 February 28, 2013 February 28, 2014 February 28, 2014 ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 27th day of February, 2012. Christine Lizee, Mayor ATTEST: Brian Heck, City Administrator /Clerk ® #ZOC MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Hennepin County Dispatch Fees Meeting Date: February 27, 2012 Prepared by: Brian Heck, City Administrator Reviewed by: Jean Panchyshyn, Deputy Clerk Attachments: Policy Consideration: Continued Support of Hennepin County dispatching services and a new facility without cost to communities the County provides dispatch services. Background: Last year, Hennepin County Sheriff, Richard Stanek, addressed the Council and provided information related to the activities of the Sheriff's office. One of the major projects being considered was the construction of a new dispatch center. The Sheriff requested the Council's support, via resolution, for the center. Following the advice of Chief Scott Gerber and Chief Bryan Litsey, the Council adopted a resolution that also included a statement supporting the continued provision of dispatching services for the South Lake Police, Excelsior Fire Department, and all other communities serviced by the County. Recently, the Mayor received a letter from Sheriff Stanek indicating the County Board of Commissioners was considering the possibility of charging communities for dispatch services. The Sheriff indicated in his letter he opposes such a move and stated it is up to the Board of Commissioners. He urged the communities to communicate with their representative regarding this issue. At the recent Police Coordinating Committee, the committee supported the Chief sending a letter on behalf of the SLMPD Coordinating Committee expressing their support for dispatching services at no cost. The Coordinating Board also encouraged member communities to also consider sending such a letter. Financial or Budget Considerations: Should the County Board of Commissioners choose to assess a charge for dispatching services; it will have a direct impact on the cost of providing police and fire services. Options: 1. Continue to support the current dispatching service arrangement and direct staff to send a letter to Commissioner Callison; 2. Express support, but do not send a letter; 3. Do nothing Recommendation / Action Requested: Staff recommends Council direct staff to send a letter to Commissioner Callison supporting the current dispatch arrangement. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 Next Steps and Timelines: Staff will draft and send the letter to the Commissioner Tuesday, February 28, 2012. Connection to Vision / Mission: This issue relates directly to quality public services and sound financial management.