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CITY OF SHOREWOOD
CITY COUNCIL REGULAR MEETING
MONDAY, JANUARY 10, 2005
5755 COUNTRY CLUB ROAD
COUNCIL CHAMBERS
7:00 P.M.
AGENDA
City Administrator/Clerk Craig Dawson will administer the Oath of Office to newly elected Mayor
Woody Love and Council Members Christine Lizee, Laura Turgeon, Paula Callies and Martin
Wellens.
1. CONVENE CITY COUNCIL MEETING
A. Roll Call
Mayor Love _
Lizee (WI) _
Turgeon (W2)_
Callies (W3) _
Wellens (W4)_
~'- -,
. B: nO Review Agenda
2. APPROVAL OF MINUTES
.."..':.....-.y....:"...............,
. ~..... A: ., City COuDclFRegular Meeting Minutes of December 13, 2004 (Att.- Minutes)
3. CONSENT AGENDA - Motion to approve items on Consent Agenda & Adopt Resolutions
Therein:
NOTE:.Jiive.thepublicanopportunity to request an item be removedfrom the
COlIsentAgenifti..Comments can be taken or questions asked following removal from
ConsentAgenda.
A. Approval of the Verified Claims List (Att. - Claims List)
B. Staffing -Rink Supervisor and Liquor Store Staff (Att. - Finance Director's
memorandum)
C. City Clerk's License Approvals - Tree Trimmer's Licenses (Att. -Resolution)
D. Setting the 2005 City Council Regular Meeting Dates (Att.- Resolution)
E. Accept LED signal project (Att.- Public Works Director's memorandum, Resolution)
4. MATTERS FROM THE FLOOR (No Council action will be taken.)
5. REPORTS AND PRESENTATIONS
6. PUBLIC HEARING
CITY COUNCIL AGENDA - JANUARY 10, 2005
PAGE 2 OF2
7. PARKS - Report by Representative
A. Report on Park Commission Meeting Held December 14, 2004 (Art.- Draft Minutes)
8. PLANNING - Report by Representative
9. GENERAL
A. Making Appointments to Certain Offices and Positions within the City of Shorewood for
the Year 2005 (Art.- Administrator's memorandum, Resolution)
B. Establishing the Date, Time and Place for the 2005 Local Board of Appeal and
Equalization meeting and Discussion of future meetings, and Appeal and Equalization
Training (Art.- Administrator's memorandum, Resolution)
C. Recommendation of Appointments by Hennepin County Board of Commissioners to the
Minnehaha Creek Watershed District (MCWD) Board of Managers (Att. .-:-'.
. Administrator's memorandum, Resolution)
D. Excelsior Proposal re:Process for SLMPD Issues (Art. - Administrator's memorandum)
E. Request for Approval to Install Street Lights (Art. - Planning Director's memorandum)
Applicant: Kevin Wehrmann (capestone.Builders)
Location: Barrington Way (Barrington P.D.D.)
10. ENGINEERING/PUBLIC WORKS
11. REPORTS
A. Administrator & Staff
1. County Road 19 Intersection
B. Mayor & City Council
12. ADJOURN
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CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236
FAX (952) 474-0128. www.cLshorewood.mn.us. cityhall@cLshorewQod.mn.us
Executive Summary
Shorewood City Council Regular Meeting
Monday, 10 January 2005
.
. City Administrator/Clerk Craig Dawson will administer the Oath of Office to newly elected
Mayor Woody Love, and Council Members Christine Lizee, Laura Turgeon, Paula Callies
and Martin Wellens.
. An EDA meeting will immediately follow the Regular Council meeting this evening.
Agenda Item #3A: Enclosed is the Verified Claims List for Council approval.
Agenda Item #3B: The following Liqu.or Store and Rink Attendant staffing requests are
,presented for Council's review and approval:
The Liquor Committee and Liquor Store Manager, Don Swandby, is recommending the
promotions of Michelle Parent and Mike Armstrong from "Part-time Liquor Clerk" to
"Lead Liquor Clerk". The starting salaryJor "Lead Liquor Clerk" is $10.93 per hour.
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Adam Kirscht and Joshua Davitch are recommended for appointment to the positions of
"Rink Attendant Supervisor" at a rate of pay equal to $300 per week. This is a job share
position and the two attendants will each receive a pro-rata share of the weekly pay bsed
on the number of hours worked each week.
Agenda Item #3C: Two additional Tree Services have applied for a license to provide tree
trimming service in the city. As all license requirements have been met, staff
recommends adoption of a resolution approving Tree Trimmer Licenses for 2005.
Agenda Item #3D: This resolution sets the 2005 City Council meeting schedule, which is the
2nd and 4th Mondays of each month. If a meeting falls on a holiday, Council should
provide adequate notice of an alternate meeting date.
Agenda Item#3E: On November 24t\ 2003, the Shorewood City Council awarded the
contract to Collisys, Inc. for the conversion of incandescent lamps for the signal systems
along Trunk Highway 7 to Light Emitting Diodes (LED). Common to all signal
agreements with the County and State is the requirement that the City performs
relamping of the systems.
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t..1 PRINTED ON RECYCLED PAPER
Executive Summary - City Council Meeting of 10 January 2005
Page 2 of2
This contract was completed as a Municipal State Aid (MSA) project. The project was
performed over the winter season of 2003 and 2004. The first and final pay request in the
amount of$19,649.68 was issued promptly after completion.
While payment for the contract had already been made, final acceptance of the project
has been withheld until a "nine month burn in period" has been performed. This period
was completed at the end of 2004. Therefore, Staff is recommending approval of the
attached resolution that accepts the Traffic Signal Led Improvement, City Project 03-10.
Agenda Item #7 A: Park Commissioner Sue Davis is scheduled to report on the December 14,
2004, Park Commission meeting and activities.
Agenda Item #9A: This annual resolution makes Year 2005 appointments to certain offices
and positions within the City.
Agenda Item #9B: Hennepin County has set the City of Shorewood's Local Board of Appeal
and Equalization date for Monday, April 18. Since a quorum must exist at this meeting,
Council must approve, by simple motion, the date and time of the 2005 Local Board of
Appeal and Equalization. It is recommended that the time be set for 7:00 p.m.
.
Council will also need to act prior to February 3 regarding the future status of
Shorewood's Local Board of Appeal and Equalization. Council may wish to discuss
whether it should transfer the duties of Local Board of Review to the county assessor, as
permitted by state law (see memo from Thomas J. May, Hennepin County Assessor).
Should Council wish to continue to act in 2006 as the Local Board of Appeal and
Equalization, at least one voting member ofthe local board (i.e., one councilmember)
must attend the required appeals and equalization training scheduled for February 3. It is
not known whether the Minnesota Department of Revenue will be offering this
mandatory training at any other time this year. (Council may wish to continue the matter
of continuing as the Local Board of Review to the January 24.Council meeting.)
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Agenda Item #9C: Two Hennepin County positions on the Minnehaha Creek Watershed
District (MCWD) expire on March 8, 2005. The City Council may make nominations to
the County Board, and the Board may consider those nominations. A resolution has been
prepared should Council wish to forward the nominations to the County Board.
Agenda Item #9D: The Excelsior City Council has requested a formal response to its latest
proposal to address issues regarding SLMPD. Somewhat simplistically, the key feature
of this proposal is the approval of an amendment to the joint powers agreement (JP A)
that would provide for withdrawal by a member city. Based on the Council discussion at
its last meeting, staff recommends that the Council decline Excelsior's proposal and
reaffirm its support of the SLMPD Coordinating Committee's proposal.
Agenda Item #9E: Capestone Builders has submitted a plan to install five street lights within
the Barrington P.U.D. project which is under construction (formerly Carmichel's Auto
Salvage site). With one exception, staffis recommending approval of the request.
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CITY OF SHOREWOOD
CITY COUNCIL REGULAR MEETING
MONDAY, DECEMBER 13, 2004
5755 COUNTRY CLUB ROAD
COUNCIL CHAMBERS
7:00 P.M.
MINUTES
1. CONVENE CITY COUNCIL MEETING
D R.. ..R.. ".... ~
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... f~j~~t I
Mayor Love called the meeting to order at 7:00 P.M.
A.
Roll Call
Present:
Mayor Love; Councilmembers Garfunkel, Lizee, Turgeon, and Zerby; Administrator
Dawson; Associate City Attorney Mayeron for Attorney Keane; Engineer Brown;
Finance Director Burton and Planning Director Nielsen
Absent:
None
B. Review Agenda
Zerby moved, Turgeon seconded, Approving the Agenda as presented. Motion passed 5/0.
2. APPROVAL OF MINUTES
A.
City Council Regular Meeting Minutes, November 22, 2004
Zerby moved, Garfunkel seconded, Approving the City Council Regular Meeting Minutes of
November 22, 2004, as presented. Motion passed 5/0.
B. Truth-in-Taxation Meeting Minutes, December 6, 2004
Garfunkel moved, Zerby seconded, Approving the Truth-in- Taxation Meeting Minutes of
December 6, 2004, as presented. Motion passed 5/0.
3. CONSENT AGENDA
Zerby moved, Garfunkel seconded, Approving the Motions Contained on the Consent
Agenda and Adopting the Resolutions Therein:
A. Approval of the Verified Claims List
B. Staffing - No action required
C.
City Clerk's License Approvals
1. Adopting RESOLUTION NO. 04-099, "A Resolution Approving Licenses
for Refuse Collectors."
2. Adopting RESOLUTION NO. 04-100, "A Resolution Approving Licenses
for Tree Trimmers."
3. Therapeutic Massage
#-d.1I
REGULAR CITY COUNCIL MEETING MINUTES
December 13, 2004
Page 2 of 12
D.
Approving Year 2005 Agreements for Animal Control and Animal Impound
Services
E. Adopting RESOLUTION NO. 04-101, "A Resolution Authorizing the Mayor and
City Administrator to Extend the EPDB Conditional Use License Agreement with
Hennepin County."
F. Authorizing the City Administrator to Enter into an Agreement for Computer
Network Services for the Year 2005
G. Authorizing Services for the 2004 Audit
H. Property and Liability Insurance Renewals
I.
Adopting RESOLUTION NO. 04-102, "A Resolution Approving Change Order 4
for the Smithtown Road Reconstruction Project and Revising Amount of the Final
Contract, City Project NO. 01-07, S.A.P. 216-101-03."
J. Sign Permit - Barrington
Motion passed 5/0.'
4. MATTERS FROM THE FLOOR
Doug Dahl, 25515 Park Lane, stated he was present this evening to represent the Shorewood Pond
Homeowners Association. He suggested the City consider a reduction in the minimum quantity residents
were asked to pay for in municipal water rates slated for 2005. He explained many residents in the
complex, which is for seniors, used far less than the 10,000-gallon minimum usage rate proposed.
Further, he stated, residents of the Shorewood Pond Association believed with no reduction in the
minimum usage rate, it seemed as though others' water needs were being subsidized. He also suggested
that with a reduction to 7,000-gallon minimum usage rates, residents that were really using the water
would be paying for it.
Finance Director Burton explained that the increased proposal was an increase in the minimum usage rate
and would affect the minimum fee. She noted the City's municipal water rate would be competitive with
other municipalities after this increase. In addition, the City offered a discount program for low-income
seniors. Anyone interested in this program should contact City Hall.
Mayor Love thanked Finance Director Burton for the clarification of this issue, and stated the Council
appreciated the efforts to bring this issue forward.
5. REPORTS AND PRESENTATIONS
A. Gideon Glen Plant Restoration Plan
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Administrator Dawson introduced Jim Hafner of the Minnehaha Creek Watershed District; Dale Claridge
of Wenck & Associates, Inc.; and Peter MacDonagh, and Sean Jergens, of the Kestrel Design Group. .
The Kestrel Group was the team of experts primarily responsible for the planting plan design as part of
the Gideon Glen Restoration project.
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REGULAR CITY COUNCIL MEETING MINUTES
December 13, 2004
Page 3 of 12
Mr. Claridge explained the Gideon Glen site was comprised of 5.8 acres. There are four components of
the project. He noted the first component was related to water quality in the area. He explained there
would be a grit chamber and stormwater pond runoff. The second component of the project was the
wetland restoration project. With regard to this component, he stated the plans and specifications of this
project were slated to be bid later this month. The restoration plan for the project would allow for the
enhancement of 0.6 acres of degraded wetland. A third component included preservation of the maple
basswood forest on the site. The fourth component was the public education piece including an
interpretive trail and scenic overlooks with information kiosks for educational purposes. All parties
present this evening had been working together with WSB & Associates to coordinate the plans for the
pond on the site as part of the County Road 19 project.
Administrator Dawson explained Mr. MacDonagh, adjunct professor at the University of Minnesota in
the landscape department, was also a part of the Kestrel Design Group.
Mayor Love stated he had the pleasure of working with Mr. MacDonagh on an earlier project, and asked
Mr. MacDonagh to explain the rationale behind the plantings for the project.
Mr. MacDonagh briefly explained a wetland had been delineated, as well as a black ash swamp identified
that was considered a rarity in the area. The current excavation had occurred to increase the capacity of
the basin on the site. Native species would be utilized in the plantings.
Mr. MacDonagh went on to explain the wetland swamp area had been filled in over time. In addition,
thirty to ninety percent of the swamp area on the site was considered a rare black ash swamp. The
swamp had standing water with some open basin areas. Few native species remained and there were
several black ash trees on site. There were also several areas that were full of invasive plants that would
need to be removed.
Mr. Jergens then went on to explain their restoration goals and plans for the project. He stated one of the
first goals would be to eliminate the invasive non-native plants. Also excavation and disposal of twelve
inches of topsoil was part of the plan. It was important, not only to remove the topsoil but also to dispose
of it offsite so that the seeds of invasive plants would be removed from the area. Native plants and
shrubs would be planted in clusters near the black ash trees. Trail overlooks with additional plants,
wildflowers, and grasses would also be incorporated into the project. Bare root shrub plantings would be
utilized in the wetland area since these shrubs would spread and colonize in the wetland area.
Mr. MacDonagh stated he was part of the final review process working with the Minnesota Department
of Transportation on its seed mix varieties. The seed mix to be utilized in the restoration project would
include switch grass, prairie cord, goldenrod, asters, and numerous other species of grasses and
wildflowers. He estimated it would take approximately one to two growing seasons for the entire project
to begin to fill in and resemble a natural area.
Councilmember Turgeon questioned whether any additional landscaping, such as large evergreen trees or
other large deciduous trees were to be utilized in the project to shield the view to the southeast that had
been exposed upon removal of the non-native plants.
Engineer Brown explained there was a need to provide an access road for maintenance of the grit
chamber for the pond as well as providing access to the carpet store on the southeastern edge of the
project. While he remained uncertain as to whether mature plantings were planned in that area, he
REGULAR CITY COUNCIL MEETING MINUTES
December 13, 2004
Page 4 of 12
explained the property owners on the southern edge were contacted regarding an easement to allow for .
placement of such trees along the southerly boundary. He also explained that many people incorrectly
assumed the maple and basswood forest was in the area where the land had been cleared for the pond. In
actuality, the maple and basswood forest designated for preservation as part of the project was located
west of the interpretive trail, pond, and wetland.
In response to question by Mr. MacDonagh, Mr. Hafner stated this project was a cooperative project
between all parties present this evening and the Minnehaha Creek Watershed District (MCWD). He
noted the MCWD's role was to provide design advice on the pond and wetland portion of the site. He
noted the easterly side of the site was under the jurisdiction of the City and the County; however, the
MCWD would return in the spring to check the site after the restoration had taken place to ensure the
water quality measures had been handled appropriately.
In response to Mayor Love's question, Mr. Hafner explained there had been a "safety shelf' provided in
the pond to be aesthetically pleasing and also to provide additional water. He noted many times people
became alarmed at the size of excavation area needed for the pond as it looked larger once excavation
began than it would actually resemble upon completion. A flat slope was needed in this plan to allow for .
appropriate vegetation to grow and for the pond to function appropriately.
Councilmember Lizee suggested the MCWD contact Grade 5 teacher, Mrs. Lisa Numerich, of
Minnewashta Elementary School, since she had been very actively involved in the Wetland Watch
program in the schools, and could provide excellent educational information on the project ifneeded.
Councilmember Zerby expressed concern for the pond being placed so far back from the road, and the
subsequent tree removal as a result of that placement. He stated it would be helpful to replant several
trees between the pond and the roadway in effort to buffer the site.
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Engineer Brown explained the pond had to be placed as it had been due to the proximity to the
maintenance roadway, store and overall site plan. He noted there was approximately 25 feet of fall in the
topography between the road and the pond. There was also concern for erosion along the ditch area on
the site as well as providing a safe effective slope for plant growth. Often developers questioned him
regarding additional placement of excess trees on residential home sites in the City, and he believed
many of these trees could be added in this area once the project was complete.
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Mayor Love stated he thought it important to review the site annually for necessary improvements. In
addition, the MCWD's stewardship in numerous similar projects was outstanding. He noted there were
several projects, such as Cedar Meadows in St. Louis Park, and the Nokomis project near Lake Nokomis
in Minneapolis, that began in much the same fashion. Mayor Love encouraged residents concerned
about the stark nature of the project currently to visit these sites in the spring to see the beautification
results of those areas. He noted these projects were eight to ten years old and would provide evidence of
the MCWD's efforts to renew and revitalize areas such as Gideon Glen.
Discussion ensued regarding the scope of the project and mitigation of related drainage issues in
surrounding neighborhoods.
Engineer Brown explained this project would most likely help the Harding Lane neighborhood that had
been experiencing drainage issues in the past. He also noted while this project would help, it would not .
alleviate the problem as effectively as the stormwater system proposed by City Staff and declined by area
residents. He also stated the trees removed as part of the Gideon Glen project were part of the original
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REGULAR CITY COUNCIL MEETING MINUTES
December 13, 2004
Page 5 of 12
plan that had been approved by Council, and this was not a case where the contractor had been given any
leniency toward tree removal on the project.
Councilmember Zerby stated he remained concerned as there had been no evidence of this part of the
project taking place prior to the clearing of the trees.
Engineer Brown stated, in response to Councilmember Zerby's question, that the City had gone beyond
the normal process to have surveyors working on site for two days to provide survey work and staking of
each tree to be preserved before the project began for the sediment pond and wetland restoration portion
of the project.
Councilmember Zerby stated he was glad to learn the topsoil on the site would be removed.
Mr. MacDonagh stated the wetland pond would have a two-year maintenance component as part of the
bidding for the project as the contractor would be better suited to understand the problematic areas on the
site ifthe maintenance component was bid.
Mayor Love, on behalf of the Council, thanked all parties present for their efforts in making the project a
great success.
6. PUBLIC HEARING
There were no public hearings this evening.
7.
PARKS
A. Revised Park Priority Policy
Engineer Brown explained representatives of Community Rec. Resources, the City's consulting service
providing Park Coordinator services, had on several occasions indicated a need for revisions to the Park
Priority Policy in order to clarify the documentation collection process and strengthen enforcement issues
associated with this process for park users. He noted these changes would help to streamline the logistics
of the document collection process as the information, as proposed, would be available on line and sports
organizations wishing to secure dedicated field time would have an opportunity to receive their season
schedule at the sports information meetings held seasonally each year. He went on to explain the Park
Commission, City Staff, and Community Rec. Resources Staff had increased the responsibility of each
organization through the revised policy to submit all completed documentation to the City prior to any
field use. He noted sports organizations had been informed of the increased responsibility throughout the
past sporting seasons, and this year the full weight of enforcement would be placed behind the Park
Priority Policy. Engineer Brown stated Community Rec. Resources had done an exceptional job of
providing a documentation collection process as defmed in Section 6 of the Park Priority Policy.
Engineer Brown stated, in response to Councilmember Zerby's question, that mailings would be
distributed to all sports organizations to make them aware of the changes to the process. Councilmember
Zerby also suggested signage be placed in the parks directing requests to City Hall to follow this process
as outlined.
Zerby moved, Turgeon seconded, Approving the Revised Park Priority Policy as presented.
Motion passed 5/0.
REGULAR CITY COUNCIL MEETING MINUTES
December 13, 2004
Page 6 of 12
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8.
PLANNING
Commissioner Gagne reported on matters considered and actions taken at the December 7, 2004,
Planning Commission (as detailed in the minutes of that meeting).
A. Minor Subdivision
Applicant: Lecy Bros. Construction
Location: 5830 Minnetonka Drive
Director Nielsen stated Lecy Bros. Construction had purchased the property located at 5830 Minnetonka
Drive and proposed removing the existing house on the property and subdividing the lot into two
building sites. He noted the property was zoned R-1C, Single-Family Residential and contained 42,409
square feet in area. The proposed lots would be 22,249 square feet and 20,160 square feet in area.
With regard to analysis of this case, both of the proposed lots complied with the requirements of the R-
1C zoning district, and building pads complied with setback requirements. According to the applicants' .
survey, one sanitary sewer service was available to the existing lot, and service would be extended via an
easement to the northerly of the two lots. A new service would then be installed into an existing manhole
in front of the property. Director Nielsen recommended the minor division be approved subject to
several conditions as stated in the draft resolution for this case.
Council had no questions regarding this case.
Zerby moved, Garfunkel seconded, Adopting RESOLUTION NO. 04-103, "A Resolution
Approving a Subdivision of Real Property for Lecy Bros. Homes." Motion passed 5/0.
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B. Zoning Ordinance Text Amendment - Signs in C-l District
Applicant: Shurgard (Formerly Minnesota Mini-Storage)
Location: 19545 State Highway 7
Director Nielsen explained the applicant had purchased the two Minnesota Mini-Storage properties .
located near Highway 7 and Vine Hill Road. Upon making application to change the signage to reflect
the new ownership, it was discovered the existing signage on the westerly site at 19545 State Highway 7
did not comply with the current C-1, Neighborhood Commercial, zoning of the site.
Director Nielsen then went on to explain the applicants had applied for an amendment to the C-1 Zoning
District requirements that would allow them to keep the same amount of signage as currently existed. He
then explained the history of the site, noting the original Minnesota Mini-Storage was constructed in
1983. In 1985, the City Zoning Code was recodified including an ordinance that reduced the amount of
signage allowed in the C-l District. Signs in existence on the site were allowed to remain non-compliant
due to the history of the site. He also stated the proposed freestanding sign for the westerly site would
contain 56.4 square feet of area.
When evaluating a request to change the Zoning Code, Director Nielsen stated it was important to
consider the effect the amendment would have on adjoining properties, not only for the subject site, but
for all similarly zoned properties. In this case, the subject site was the only property zoned C-1, and very .
likely to be the only one so zoned. He also stated the property was sandwiched between C-3, General
Commercial property to the east and the Waterford P.U.D. district to the west. Both of these districts
REGULAR CITY COUNCIL MEETING MINUTES
December 13, 2004
Page 7 of 12
. allowed more signage than what was currently allowed in the C-l District. He noted it seemed
reasonable that this site should be subject to the same requirements as the two adjoining districts.
Instead of being limited to 36 square feet, the property would be allowed signage equal to 10 percent of
the area of the building silhouette, as viewed from the street. Since this property was a comer lot, and in
order to prevent an extraordinarily large sign, he stated, the amendment could specify that only one side
of the site could be used for calculating sign area.
Council had no questions regarding this case.
Garfunkel moved, Zerby seconded, Adopting ORDINANCE NO. 410, "An Ordinance Amending
Section 1201.03, Subd. 11.e.(2). (C-1 Signs) ofthe Shorewood Zoning Code." Motion passed 5/0.
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C. Zoning Ordinance Text Amendment - P.U.D. Permitted Uses and Size
Director Nielsen explained the rationale for the Zoning Text Amendment as proposed, including the
language changes proposed related to Planned Unit Development (P.U.D.) uses and size. He noted the
Comprehensive Plan suggested that if the current property owner discontinued use of the site, it would be
acceptable for some sort of mixed use development. With regard to the intent of the current section of
the Zoning Code, Staff had discovered all uses allowed in a P.U.D. would be considered and the ones
found acceptable would then be included in a development agreement for the project. Director Nielsen
stated the proposed amendment clarified the language of the section of the Zoning Code as well as
lowering the required land area from twenty acres to four. He also noted the Planning Commission had
unanimously recommended approval of the amendment.
Zerby moved, Garfunkel seconded, Adopting ORDINANCE NO. 411, "An Ordinance Amending
Section 1201.25 Subd. 2. (P.U.D.-Permitted Uses) of the Shorewood Zoning Code." Motion passed
5/0.
D. Reconveyance of City-Ow~ed Property
Director Nielsen explained in June of this year, the City agreed to exchange a parcel of City-owned
property for some land owned by Mr. Francis Zucco on Enchanted Point. As it turned out, the City
property had been acquired through tax forfeiture, and the State would not allow it to be conveyed to a
private party. The State was willing to allow the conveyance, provided the State received the assessed
value of the subject parcel. Mr. Zucco's representative had agreed to pay this amount in order to
complete the transaction.
Bill Zucco, representative for Mr. Francis Zucco, was present, and stated he would like to move forward
in this matter as soon as possible.
Garfunkel moved, Zerby seconded, Adopting RESOLUTION 04-104, "A Resolution Approving
Subdivision and Combination of Real Property." Motion passed 5/0.
9. GENERAL/NEW BUSINESS
A. South Lake Minnetonka Police Department matters
Administrator Dawson explained during the week of November 29, 2004, there were discussion about
ways to make progress on matters of disagreement on the South Lake Minnetonka Police Department
REGULAR CITY COUNCIL MEETING MINUTES
December 13, 2004
Page 8 of12
(SLMPD) and the Joint Powers Agreement for the SLMPD. It had been hoped there would be agreement .
between the SLMPD Coordinating Committee and the Excelsior City Council such that the Committee
would not need to identify different levels of service for 2005. Administrator Dawson noted that had not
come to pass. Throughout the previous weeks of November, there had been correspondence sent to the
Coordinating Committee from the City of Excelsior, as well as a separate proposal from the Operating
Committee (comprised of the city managers/administrators of the member cities).
Since that time, there discussions among various officials, with indications of possible agreement to
proceed with an earlier Excelsior proposal to contribute $416,400 for 2005 SLMPD operations, and to
make a supplemental payment of $26,159 for services in 2005. Combined, the total would equal the
funding needed for the SLMPD's recommended 2005 budget. The Coordinating Committee's
acceptance of this proposal would be contingent upon Excelsior's agreement with the Operating
Committee's proposal. With these two pieces, all of the SLMPD area would receive the same level of
service and the process regarding dispute resolution could begin to progress quickly.
Administrator Dawson summarized correspondence from the Excelsior City Council, the SLMPD, and
Operating Committee, all designed to bring the issues of disagreement to a resolution process. Various
factors were considered unacceptable by the City Council of Excelsior and discussions were unable to
progress as hoped.
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Mayor Love stated the Coordinating Committee had reviewed the proposal submitted by the Operating
Committee and believed it would be beneficial to all parties involved in this disagreement. He also noted
representatives of the area communities indicated a willingness to meet to work out the disagreement
with the City of Excelsior and were rejected.
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Councilmember Turgeon questioned how the efforts of so many people wishing to move forward to bring
resolution could fail so miserably if all parties involved were focused on resolution, as evidenced by the
City of Excelsior's offer to may payments as appropriately indicated in the budget.
Administrator Dawson stated the Excelsior Council did not want to see discussions extend into the
middle of next year. Also, the Excelsior Council wanted specificity on issues requiring resolution, and to
take the lead on defining issues for discussion by year-end.
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Councilmember Turgeon expressed frustration in this matter, noting it did not appear the issues of
disagreement were related to money as indicated previously by the City Council of Excelsior, since the
City was willing to contract with other more expensive agencies for police services. She stated it was
clearly time for all parties to work toward and through the resolution process with honesty and integrity
until the issues could be completely resolved.
Mayor Love stated a meeting had been held with the Coordinating Committee on December 3, 2004,
regarding this matter, and he believed strongly that all Councils' issues should be allowed to be part of
the resolution process, as the spirit of the Joint Powers Agreement had included the member cities' spirit
of cooperation. He questioned SLMPD Chief Litsey, seated in the audience, about how long it would
take for full service to be restored for all member cities. Chief Litsey responded full service could be
restored on the next shift of police service once resolution and payments were received by each member
city.
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.
.
REGULAR CITY COUNCIL MEETING MINUTES
December 13, 2004
Page 9 of 12
Counci1member Turgeon stated she could not understand why the City Council of Excelsior had chosen
to balk at the proposed process as outlined by the Operating Committee, as it was a fair process with
inclusion of a professional facilitator.
Mayor Love stated one member of the Excelsior City Council had indicated comfort with a multilevel
service approach for the SLMPD budget. Councilmember Turgeon questioned how the intent of the Joint
Powers Agreement could be served without full support of all its Councils. She also requested the City
of Excelsior provide very specific reasons for not accepting the Operating Committee's proposal as well
as any other proposals set forth in the dispute resolution process.
Garfunkel moved, Accepting the Proposal as outlined by the SLMPD Coordinating Committee for
use in a disagreement resolution of issues with the other member cities of the Joint Powers
Agreement.
Councilmember Garfunkel stated he thought the counter-proposal submitted by the City of Excelsior in
response to the Operating Committee's proposal was insulting and unprofessional. He noted the
Operating Committee proposal was very balanced and had been authored by four objective professionals.
He also stated the time line presented and inclusion of parties as outlined in the proposal would be
beneficial in moving the process through resolution.
Zerby seconded.
Councilmember Zerby agreed, stating it was unfair to the other member cities for the Excelsior City
Council to insist upon issues of resolution from a single city. He also stated the word contribution was
used in the correspondence from the City of Excelsior, and he requested that word be clarified for all
persons and changed to the word "payment" as it was the correct term for that financial obligation.
Councilmember Lizee stated she was quite disgusted by the proposal issued by the City of Excelsior in
its most recent correspondence as she believe it an attempt to deter any efforts in resolution the new City
Councils may have, and she looked forward to working with the new members of the Excelsior City
Council.
Mayor Love recessed the meeting at 9:00 P.M. and reconvened at 9:10 P.M.
B. South Lake Minnetonka Police Department Budget
Administrator Dawson explained at its November 22, 2004, Regular City Council meeting, the Council
reviewed the matter of its planned funding for the operating budget for the SLMPD in 2005. The
Council reviewed various scenarios in August, it decided to include $700,000 in the proposed 2005
budget. This level of funding would continue the same levels of multi -tiered service provided to member
cities in 2004. As a result of recent discussions with the Coordinating Committee, and the City of
Excelsior, the cost to the City of Shorewood to fund the committee's recommended budget would be
approximately $718,000. He also noted SLMPD Chief Litsey was present this evening to answer any
questions Council may have of him.
In response to Mayor Love's question, Chief Litsey explained he did not want to apportion service levels
for 2005 as had been done in the past. He noted the Contingency Option as presented in past
correspondence with the Council would provide necessities for the department, including partial
restoration of funds for the Drug Task Force. In addition, these funds, if approved, would provide critical
REGULAR CITY COUNCIL MEETING MINUTES
December 13, 2004
Page 10 of 12
additional administrative staff. He stated with reduced service level payments the Department was .
unable to serve the public as well as it could have in recent years with full funding of the budget. He also
went on to explain administrative staff was needed to assist in fiscal and payroll obligations each year. In
addition, an increased payment for 2005 would allow for restoration of the vehicle fleet rotation
schedule. He stated all items proposed in the budget, this year and every year, were necessities for
operating the department effectively and efficiently.
Councilmember Turgeon expressed concern for paying nearly fifty percent of the Operating budget and
receiving one-fourth of the power as outlined in the Joint Powers Agreement.
Mayor Love stated he thought the Year 2005 was the year to bring resolution to the past issues of dispute
associated with the Joint Powers Agreement. He stated he felt the spirit of the JPA had been betrayed at
this point in time, and he thought it time to preserve the intentions of the JP A by working together to
show commitment to the public safety of the area for all.
Councilmember Turgeon stated frustration with the lack of forward movement in dispute resolution
prompted her to suggest no increase be made to the budget at this time as a way to have all cities
continue to receiving the same service level until resolution could be brought to disputed items.
.
Chief Litsey stated it was important to continue to preserve the core operations in 2005, with this coming
year being a defining year for resolution of the JP A. He stated the Department had worked very hard to
give value to all communities under the multi service levels of recent years.
Councilmember Zerby stated he would not like to see additional service levels necessary as a result of .
maintaining current service payments from the City of Shorewood. Chief Litsey recommended the
Council increase the payment for the City of Shorewood to approximately $718,000, in an effort to bring
consistency to the budget for 2005.
Discussion ensued by the Council regarding the options available for payment contributions to the 2005
Operating Budget for the SLMPD.
Mayor Love stated he would like to see the requested additional $18,000 approved by Council as a way .
to show support for the SLMPD and to work toward restoration of services for all.
Councilmember Zerby stated he agreed full services levels needed to be restored for all cities; however,
he also thought this payment would be making up for the shortfall caused by the City of Excelsior.
Councilmember Turgeon again expressed frustration with the issue, noting the JP A was not effective if
other cities had to provide full funding of the budget each year. She stated it was time to get to the
principle of what was happening each year with the funding and work to bring resolution. She
questioned what the outcome would be if a different dollar amount would be suggested for funding
purposes. Chief Litsey explained it would add another service level to the current confusing menu of
service levels. Further, he thought this year was going to be a year of definition, and it was not good to
continue the current tiered relationship. He encouraged all cities to work from a partnership philosophy
and make the JPA function as it was intended.
Zerby moved, Garfunkel seconded, Approving $717,861 to the SLMPD 2005 Operating Budget,
and including Increasing the South Lake Minnetonka Police Department funding by $18,000 and .
.
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REGULAR CITY COUNCIL MEETING MINUTES
December 13, 2004
Page 11 of 12
reducing the transfer to the Stormwater Management Fund in 2005 by a corresponding $18,000.
Motion passed 5/0.
C. Approving the 2005 Budget and Approving the Property Tax Levy Collectible in
2005
Discussion ensued regarding the best way to handle the appropriate transfer of funds for the proposed
SLMPD budget allocations.
Zerby moved, Garfunkel seconded, Adopting RESOLUTION NO 04-105, "A Resolution Adopting
the 2005 Budgets, including Increasing the South Lake Minnetonka Police Department funding by
$18,000 and reducing the Stormwater Management Fund by a corresponding $18,000, and
Approving the 2004 Property Tax Levy Collectible in 2005." Motion passed 5/0.
D. Establishing the 2005 Pay Scale and City Insurance Contribution
Garfunkel moved, Zerby seconded, Adopting RESOLUTION NO. 04-106, "A Resolution Revising
the City's Wage and Salary Range Chart for 2005 and Setting the Monthly Employer
Contributions Toward the Monthly Insurance Premium for City Employees." Motion passed 5/0.
E. Authorizing the Transfer of Funds
Zerby moved, Garfunkel seconded, Adopting RESOLUTION NO. 04-107, "A Resolution
Authorizing the Transfer of Funds, from the General Fund for 2004." Motion passed 5/0.
F. Set 2005 Utility Rates
Garfunkel moved, Zerby seconded, Adopting RESOLUTION NO. 04-108. "A Resolution Setting
License, Permit, Service Charges and Miscellaneous Fees."
Councilmember Zerby stated he agreed with the issue presented earlier in the evening regarding reducing
the minimum usage gallon rate to 7,000, and he requested this matter be reviewed next year for the
budget. Finance Director Burton agreed this matter would be reviewed at that time.
Motion passed 5/0.
G. Recommendation of Appointments by Hennepin County Board of Commissioners
to the Minnehaha Creek Watershed District (MCWD) Board of Managers
Without objection from the Council, Mayor Love requested this item be placed on the January 10, 2005,
Regular City Council Meeting Agenda.
H. Approval of the Prosecuting Attorney 2005 Contract for Services
Zerby moved, Garfunkel seconded, Approving the Prosecuting Attorney 2005 Contract for
Services. Motion passed 5/0.
10.
ENGINEERING/PUBLIC WORKS
REGULAR CITY COUNCIL MEETING MINUTES
December 13, 2004
Page 12 of 12
<~
A.
Radisson Road Update
.
Engineer Brown stated a public information meeting held on this matter had been well attended.
Comments continued to be received by interested parties at City Hall, and a full report would be made in
January of2005.
11. STAFF AND COUNCIL REPORTS
A. Administrator & Staff
1. Construction Update
Engineer Brown provided several construction project updates for Council for various projects in the
City. Councilmember Zerby questioned whether conduit for data connectivity could be provided
between the Public Safety Facilities and City Hall since the directional boring work was currently
underway. Engineer Brown stated he would examine the possibility and anticipated it would not be a
problem to do at this time.
.
Administrator Dawson thanked the Council for the privilege of working with the five of them in the past
years. He stated he had enjoyed the support and confidence of the Council and he would greatly miss
Councilmembers Garfunkel and Zerby in the years to come.
B. Mayor & City Council
Mayor Love stated he also appreciated the intelligence and humor displayed by Councilmembers
Garfunke1 and Zerby in their terms on the Council. He wished them all the best of luck and hoped they
would be involved in City issues in the future.
.
Councilmember Garfunkel thanked all persons present for a great and rewarding experience as partofthe
City Council. He stated he had received more than he had put in to the position of Counci1member over
the past eight years, and the time had passed very quickly.
Councilmember Zerby also stated it had been a pleasure to be part of such a great team of committed .
individuals. He stated he had enjoyed his experience on the Council very much and he wished everyone
well in the future.
12. ADJOURN
Zerby moved, Garfunkel seconded, Adjourning the Regular City Council Meeting of December 13,
2004, at 10:24 P.M. Motion passed 5/0.
RESPECTFULLY SUBMITTED,
Sally Keefe,
Recording Secretary
Woody Love, Mayor
Craig W. Dawson, City Administrator
.
PAYABLESAPPROVALS
For 1/10/05 Council Meeting
. Prepared by: (l~~~. ~ Date: j-?-tJS
Catherine Elke, Sr. Accountant
Reviewed by: ~~ t/!J~ Date: cJi /oe. ~s-'
Bonnie Burton, Finance Director
Approved bY:'?fz.;:) Date: () I. Db.OS
Craig
.
:#34
PAYROLL APPROV ALS
For 1/10105 Council Meeting
() .
(- 1/1v- -. ~ 1/ /l
Prepared by: .cr-x;rtJA l/Yl{ L f! ,,~ Date: /- ~'-.o5
Cathe~ne Elke: srj\c~ountant
Reviewed by: .. ~~ i:Ju~-IK./ Date: "'6." /:J))o5"
Bonnie B urton, Finance Director
i
Approved by: Date: t7 /. tJj, .0J"
Craig son, City Administrator
.
.
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236
FAX (952) 474-0128. www.cLshorewood.mn.us. cityhall@cLshorewood.mn.us
MEMORANDUM
Date:
January 6, 2005
.
Re:
Honorable Mayor and City Council Members /).., . ,-~
Bonnie Burton, Finance Director/Treasurer ~
Larry Brown, Public Works Directo~
Staffing Recommendations
To':
From:
cc: Craig Dawson, City Administrator ~
The following staffing items are presented for the City Council's review and approval:
.
1. Liquor Store promotions: The Liquor Committee and Liquor Operations Manager Don
Swandby recommend the promotions of Michelle Parent and Mike Armstrong to the positions of
'Lead liquor Clerk' from 'Part-Time Liquor Clerk'. The starting rate of pay for the 'Lead Clerk'
position is set at $10.93 per hour.
2. Rink Attendant Supervisors: It is recommended that Adam Kirscht and Joshua Davitch
appointed to the positions of 'Rink Attendant Supervisor' at a rate of pay equal to $300.00 per
week. This is a job share position and the two attendants will each recei ve a pro-rata share of the
weekly pay based on the number of hours worked each week.
Staff Recommendation
The City Council is requested to approve the staffing recommendations as outlined above.
#.
t.J PRINTED ON RECYCLED PAPER
if3!:
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236
FAX (952) 474-0128 · www.cLshorewood.mn.us . cityhall@cLshorewood.mn.us
MEMORANDUM
DATE:
January 4, 2005
.
TO:
Mayor and Council Members
Jean Panchyshyn, Executive SecretarylDeputy Clerk:::rr
FROM:
CC: Craig W. Dawson, City Administrator
. RE: A Resolution Approving Year 2005 Tree Trimmer Licenses
Tree Trimmers operating within the City of Shorewood must complete an annual license
application, provide proof of insurance coverage, and pay the appropriate license fee. The
attached proposed resolution identifies two additional tree services that have satisfied the
requirements to be licensed to provide tree trimming service in the City in 2005.
Council Action
.
A Motion to Adopt a Resolution Approving a Year 2005 Tree Trimmer Licenses
;J=F 3 L
"'f
t.J PRINTED ON RECYCLED PAPER
CITY OF SHOREWOOD
RESOLUTION NO. 05-
A RESOLUTION APPROVING LICENSES FOR TREE TRIMMERS
WHEREAS, the Shorewood City Code Chapter 305 provides for the annual
licensing of tree trimmers in the City; and
WHEREAS, said Chapter provides that an applicant submit an application and
fulfill certain requirements concerning insurance coverage and pay a licensing fee; and
WHEREAS, the following applicants have satisfactorily completed this process
and have submitted the requirements for the issuance of a License for Tree Trimmer.
NOW, THEREFORE BE IT RESOLVED by the City Council of Shorewood as
.
follows:
That a License for Tree trimmer be issued for aterm from January 1, 2005 to December
31, 2005, to the following applicants:
Permit #
Company Name
Address
05-25
Shorewood Tr-ee Service, LLC
14015 County Road 122, Watertown, MN
05-26
Aaspen Tree Service
970WayzataBlvd. W., Wayzata, MN
--.
ADOPTED by the City Council of the City of Shorewood this 10th day of January, 2005.
,,-.~-~ ~.~_.
-
.
ATTEST:
Woody Love, Mayor
Craig W. Dawson, City Administrator/Clerk
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD · SHOREWOOD. MINNESOTA 55331-8927 · (952) 474-3236
FAX (952) 474-0128. www.cLshorewood.mn.us. cityhall@cLshorewood.mn.us
MEMORANDUM
DATE:
January 4,2005
.
TO:
Mayor and Council Members
A
Jean Panchyshyn, Deputy Clerk Jf
FROM:
CC: Craig W. Dawson, City Administrator
RE: Setting the Year 2005 Regular Council Meeting Schedule
This is a routine organizational item which requires that Council adopt a resolution setting the
Year 2005 City Council meeting schedule for the 2nd and 4th Mondays of each month. Should a
meeting fall on a holiday, Council may determine an alternate meeting date.
A copy of the proposed resolution is attached.
.
-#-3D
n
~~ PRINTED ON RECYCLED PAPER
CITY OF SHOREWOOD
RESOLUTION NO. 05-
A RESOLUTION SETTING THE 2005 REGULAR COUNCIL MEETING
SCHEDULE FOR THE CITY OF SHOREWOOD
WHEREAS, Minnesota Statutes require that council must keep a schedule of its
regular meetings on file at its primary office;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
For the Year 2005, the Regular City Council meetings will be scheduled on the
2nd and 4th Mondays of each month and shall be held in the Council Chamber of the
Shorewood City Hall. Should a Regular City Council meeting fall on a holiday, the
Council will give sufficient notice as to the alternate date for the meeting.
.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD
this 10m day of January, 2005.
Woody Love, Mayor
ATTEST:
Craig W. Dawson, City Administrator/Clerk
.
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236
FAX (952) 474-0128. www.cLshorewood.mn.us. cityhall@cLshorewood.mn.us
MEMORANDUM
TO:
Mayor and City Council
Craig Dawson, City Administrator
FROM:
Larry Brown, Director of Public Works
.
DATE:
January 6, 2005
RE: Accept LED Signal Conversion Project
SAP 216-010-07; City Project 03-10
On November 24th, 2003, the Shorewood City Council awarded the contract to Collisys, Inc. for the
conversion of incandescent lamps for the signal systems along Trunk Highway 7 to Light Emitting
Diodes (LED). Common to all signal agreements with the County and State is the requirement that the
City performsrelamping of the systems.
This contract was completed as a Municipal State Aid (MSA) project. The project was performed over
the winter season of 2003 and 2004. The first and final pay request in the amount of $19,649.68 was
issued promptly after completion.
.
However, Staff refrained from accepting the final improvements, due to an abnormally high failure rate
of the new LED's. LEDs have a guaranteed life span of five years, and an expected service life often
years. It is not uncommon to have a two to three percent failure rate on this type of project, over the
first six months. However, this project experienced a twenty five percent failure rate during the first
four months.
Typically, the general contractor would perform the replacements under the warranty clause of the
contract. For reference, costs of a replacement LED is approximately $120 each, with an additional
$150 for labor and equipment.
The general contractor performed several replacements initially. When failure rates exceed the norm,
it was discovered that a portion of the LEDs had a manufacturer's defect. Representatives of Collins
Electric stated that the manufacturer would replace the materials that were defective, but would not
bear the cost of the labor for the reinstallation.
Despite the general contractors persistence that they would not perform the replacements, Staff
continued to "encourage" the contractor to perform the work under the warranty clauses of the
contract.
n
~J PRINTED ON RECYCLED PAPER
:fi=- 3 E
Mayor and City Council
LED Signal Conversion Project
January 6,2005
Page 2 of2
While payment for the contract had already been made, final acceptance of the project has been
withheld until a "nine month burn in period" has been performed. This period was completed at the
end of2004.
Failure rates have dropped dramatically over the past three months. In the interest of closing out the
project, such that the state aid payments can be made, Staff is recommending approval of the attached
resolution that accepts the project.
Recommendations
Staff is recommending approval of the attached resolution that accepts the Traffic Signal Led
Improvement, City Project 03-10.
.
.
#
CITY OF SHOREWOOD
RESOLUTION NO 05-
A RESOLUTION ACCEPTING THE 2003 TRAFFIC SIGNAL L.E.D.
IMPROVEMENT PROJECT,
CITY PROJECT 03-10, S.A.P. 216-010-07
WHEREAS, on November 24th, 2003, the City of Shore wood entered into a
contract with Collysis, Inc. for City Project No. 03-10, for the 2003 Traffic Signal L.E.n.
Improvement Project; and,
WHEREAS, the Contractor has petitioned for final acceptance of the project and
final payment based on work performed to date; and,
WHEREAS, the Project Manager has made a final inspection of the project and
. recommends acceptance and final payment be made by the City.
NOW, THEREFORE BE IT RESOLVED:
The City hereby does accept the work completed pursuant to said contract, and the one
year guarantee shall commence. as of the date of this resolution, subjec;! to the following
items:
1. The Contractor furnish the City a one year maintenance bond pursuant to
the contract.
2. The Contractor must make satisfactory showing that he has complied with
the provisions of Minnesota Statutes 290.92 requiring withholding of State
Income Tax.
.
3.
Evidence in the form of an affidavit that all claims against the Contractor
by reasons of the contract have been fully paid or satisfactorily secured.
ADOPTED by the City Council of the City of Shorewood this 10th day of
January, 2005.
WOODY LOVE, MAYOR
ATTEST:
CRAIG W. DAWSON, CITY ADMINISTRATOR/CLERK
41
CITY OF SHOREWOOD
PARK COMMISSION MEETING
TUESDAY, DECEMBER 14, 2004
5755 COUNTRY CLUB ROAD
CITY HALL
7:00 P.M.
MINUTES
R"A 1:--"
"'.\f\'
1.
CONVENE PARK COMMISSION MEETING
Chair Davis called the meeting to order at 7:00 pm.
A.
Roll Call
Present:
Chair Davis; Commissioners Young, Famiok, and Westerlund; City Engineer
Brown.
Absent:
Commissioners Gilbertson, Meyer, and Wagner; and City Council liaison
B.
'Review Agenda
.
Item #6, Park Signage, was removed from the agenda. In addition, a 2005 Work Plan would be
scheduled for an upcoming work session.
Westerlund moved, Young seconded, to approve the Agenda as amended. Motion passed
4/0.
2. APPROVAL OF MINUTES
A. Park Commission Meeting Minutes of November 3, 2004
Westerlund requested that a notation reflecting her early departure from the November 3rd, 2004
meeting be inserted on page 6, prior to item #6, in the Minutes. Also, on page 6, under 6A
Reports, the 6th paragraph, the spelling of Tim "Litfin'" s name was corrected.
.
Young moved, Farniok seconded, approving the Minutes ofthe November 3, 2004 meeting
as amended. Motion passed 4/0.
3. MATTERS FROM THE FLOOR
There were none.
4. REPORTS
A. Report on the City Council Meeting of December 13, 2004
Brown reported that the City Council adopted the revised Park Equity Policy as suggested by
Community Rec Resources. He indicated that it was both Council members Garfunkel and
Zerby's last CitY Council meeting. Brown stated that MCWD representative, Bill Kestral,
presented the Council with a Gideon Glen project status report and restoration plan, noting that
the amount of tree removal has been under question by citizens.
Young asked when the date of completion was estimated at.
Brown stated that, although crews were working on some of the stormwater work, a bulk of the
project and intersection work will occur next year. He estimated that the city would see more
Gideon Glen and intersection project progress within the next two years.
Jt7~
PARK COMMISSION AGENDA
TUESDAY, MARCH 11,2003
PAGE20F2
j
Westerlund urged the City to present a good public relations effort so that the public knows what
is going on and what to expect the next year or so.
Brown stated that the public had expressed a great deal of reaction thus far, and he believed any
public relations effort needs to be vastly.improved.
B. Update on Skate Park Equipment
Though he would be ordering new equipment, Brown indicated that he would provide a further
update at a later date.
5. MUSIC IN THE PARK
'A. Creating a Direct Mail Piece
The Commission was in agreement that they wished to pursue the Music in the park series for a
second year. Chair Davis suggested the Commission consider funding and/or creating a direct
mail piece so that Commissioners are not out at the last minute inserting flyers into mailboxes. In
addition, she suggested that the Commission approach the Park Foundation and request a
contribution for the series. Since it is the Foundations mission to raise money for park projects,
Davis felt they might be interested in this program.
.
B. Consideration of Bands
Chair Davis acknowledged that, if the City could afford to book some of the more popular bands,
the numbers of citizens in attendance would be amazing. She felt the opportunity to get some
commitments from the Foundation or public would help to reserve the premier bands. She
questioned what sort of process or procedure the Commission might follow to make a request for
funds from the Foundation.
Famiok suggested putting together a proposal requesting funding and presenting to the
Foundation.
.
Beyond the three dates in June, July, and August, Chair Davis pointed out that additional
opportunities exist to provide daytime offerings for kids and moms during the summer months.
C. Reviewing Contract
Brown suggested that Commission create a strong informative proposal to present to the
Foundation containing all of the specifics; identifying the bands, promo costs, and other
advertising costs.
While he believed the Foundation would find this to be an attractive proposition, Young stated
that he would like to see the Foundation contribute to the effort as much as they feel comfortable
with.
D. Setting Dates
Although he was unaware of their balance, Brown stated that the Foundation had escrowed
$21,000 for the Freeman project. He suggested the Commission consider reserving the 2nd
Fridays of each month once again for the series; however, are flexible when trying to work with
the schedules of specific bands. He indicated that he would have Park Secretary Twila Grout
.
PARK COMMISSION AGENDA
TUESDAY, MARCH 11, 2003
PAGE30F2
begin contacting the desired bands and investigating their costs and schedules. The Commission
chose a few for her to contact, including Calypso and Big Walter Smith.
Westerlund agreed that an insert in the paper would be beneficial, as would press releases, actual
ads, etc.
Brown stated that he would have the costs for ads and inserts worked up for consideration.
Chair Davis stated that she would approach the Foundation once a proposal is set in motion.
Brown stated that he would present a draft of the bands contacted, the results, potential costs, and
promo costs, as well as a draft proposal for the Foundation at the next Park Commission meeting.
.
While she agreed that the Commission could approach the Foundation first, Famiok suggested
that the Commission approach local businesses for donations which might defray the up front
costs for the Foundation and Commission.
6. NEW BUSINESS
As it was nearing Commissioner Young's end of term, Chair Davis suggested the Commission
pursue a senior to replace him in order to keep a cross section of representation on the
Commission.
Young indicated that many seniors had expressed an interest in the Commission in the past, and
he volunteered to help Davis recruit new members.
Chair Davis asked the Commission whether they wished to renew the cities membership in the
Mn Recreation and Park Association. She believed it could be a useful tool as the Commission
considers a contribution to the Dog Park, etc. In addition, she asked the Commissioners to
consider whether they would support making a formal contribution to the dog park at the next
meeting.
.
Since the public had expressed an interest in the park, and helping to fund the park, at a recent
meeting, Famiok suggested further discussion take place regarding the 2005 priorities.
Brown stated that if the Park Commission feels there is a need for a dog park, it could make a
recommendation to the City Council and they could determine the final amount and where the
funds would come from for the contribution.
Young asked for a recap at the next meeting of what the estimated costs for the project will be,
what other communities have contributed to the project, before allocating funds for the park.
Brown stated that the agenda for the next upcoming Park Commission meeting would contain
signage, Dog Park, music in the park series, and work program review items.
Young moved, Westerlund seconded, to recommend that the City renew its annual
membership in the Mn. Recreation and Parks Association for another year. Motion passed
4/0.
Chair Davis suggested that the Commission make an informal commitment to itself to use this
resource up to 6 times over the next year.
PARK COMMISSION AGENDA
TUESDAY, MARCH 11, 2003
PAGE40F2
,
t
Young pointed out that the Association has enthusiastically provided requested information to
the Commission each time it has made a request in the past.
7. ADJOURNMENT
Westerlund moved, Young seconded, adjourning the Park Commission Meeting of
December 14,2004 at 8:16 p.m. Motion passed 4/0.
RESPECTFULLY SUBMITTED,
Kristi B. Anderson
Recording Secretary
.
.
(
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236
FAX (952) 474-0128. www.cLshorewood.mn.us. cityhall@cLshorewood.mn.us
MEMORANDUM
DATE:
January 4,2005
TO:
Mayor and Council Members
.
FItOM:
Craig W. Dawson, City Administrator/Clerk
RE: Making Appointments to Certain Offices and Positions within the City of
Shorewood for the Year 2005
This item requires Council make a motion to adopt a resolution making the Year 2005
appointments to certain .offices and positions within the city. Attached is a Draft Resolution
making Year 2005 appointments.
.
The following identifies the Year 2004 appointments:
Acting Mayor: John Garfunkel
Council Representatives to:
a. Park Commission Liaison:
January - June 2004
July - December 2004
Planning Commission Liaison
January - June 2004
July - December 2004
Christine Lizee
Scott Zerby
b.
Laura Turgeon
John Garfunkel
c. Liquor Stores: John Garfunkel & Scott Zerby
d. Minnehaha Creek Watershed District: Woody Love
e. Riley Purgatory Bluff Creek District: Woody Love
f. Lake Minnetonka Cable Commission: Scott Zerby
g. Association of Metro Municipalities: Laura Turgeon
ft
~J PRINTED ON RECYCLED PAPER
#- 9fi
.
January 4, 2005
Page Two
h. Alternate Association of Metro Municipalities: Craig Dawson
i. Coordinating Committee South Lake Minnetonka Police
Department: Mayor
j. Alternate to Mayor on Coordinating Committee South Lake
Minnetonka Police Department: Acting Mayor
k. Excelsior Fire District Board Member: Woody Love
1. Alternate Excelsior Fire District Board Member: John Garfunkel
m. Liaison to Friends of the Southshore Center Board: Christine Lizee
City Attorney: Tim Keane, Larkin, Hoffman, Daly & Lindgren, Ltd.
City Prosecutor: Ken Potts
.
Emergency Preparedness Director: SLMPD Police Chief Bryan Litsey
Official Depositories: Beacon Bank. 4M Fund & other Depositories as necessary
Official Newspaper: Sun Sailor. Notices may also be published in the Laker.
Weed Inspector: Mayor Woody Love
Assistant Weed Inspector: Joe Lugowski
2. That the Blanket Bond (Official Bonds) is approved.
.
..
CITY OF SHOREWOOD
RESOLUTION NO. 05-
A RESOLUTION MAKING APPOINTMENTS TO CERTAIN OFFICES
AND POSmONS WITHIN THE CITY OF SHOREWOOD
FOR THE YEAR 2005
WHEREAS, it has been the policy of the Shorewood City Council to make annual
appointments to fill certain offices and positions within the City government at the beginning of
each year.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
.
1.
That the following persons are appointed to the following offices and positions
until the 2005 City Council organizational meeting:
Acting Mayor:
Council Representatives to:
a. Park Commission Liaison:
January - June 2005
July - December 2005
b. Planning Commission Liaison
January - June 2005
July - December 2005
Liquor Stores: &
Minnehaha Creek Watershed District:
Riley Purgatory Bluff Creek District:
Lake Minnetonka Cable Commission:
Association of Metro Municipalities:
Alternate Association of Metro Municipalities:
Coordinating Committee South Lake Minnetonka Police Department:
Mayor
Alternate to Mayor on Coordinating Committee South Lake
Minnetonka Police Department: Acting Mayor
Excelsior Fire District Board Member:
Alternate Excelsior Fire District Board Member:
Liaison to Friends of the Southshore Center Board:
c.
. d.
e.
f.
g.
h.
1.
J.
k.
1.
m.
City Attorney: Tim Keane, Larkin, Hoffinan, Daly & Lindgren, Ltd.
City Prosecutor: Ken Potts
Emergency Preparedness Director: SLMPD Police Chief Bryan Litsey
Official Depositories: Beacon Bank. 4M Fund & other Depositories as necessary
Official Newspaper: Sun Sailor. Notices may also be published in the Laker.
Weed Inspector: Mayor Woody Love
Assistant Weed Inspector: Joe Lugowski
2. That the Blanket Bond (Official Bonds) is approved.
3.
That such appointments shall take effect on the date hereof and shall continue for the
remainder of the year or until such time as a successor is appointed by the City Council.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 10th
day of January, 2005.
Woody Love, Mayor
ATTEST:
Craig W. Dawson, City Administrator
It'
.
.
''w
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236
FAX (952) 474-0128' www.cLshorewood.mn.us. cityhall@cLshorewood.mn.us
MEMORANDUM
DATE:
January 4, 2005
TO:
Mayor and City Council Members
Craig W. Dawson, City Administrator/Clerk Q.h
Setting the Date, Time and Place for the 2005 Local Board of Appeal and
Equalization; and
Consideration of Transference of Local Board Duties to County Assessor /
Equalization Training
.
FROM:
RE:
2005 Local Board of Appeal and Eaualization
Hennepin County is suggesting the Local Board of Appeal and Equalization date of Monday,
April 18, 2005. This date was determined from prior years meeting dates, which typically has
been the third Monday in April. The suggested starting time is 6:30, 7:00 or 7:30p.m. In past
years, the starting time has been scheduled for 7:00 p.m. For your information, attached is a
summary of the duties and responsibilities of the Local Board of Appeal and Equalization.
. Future Local Board of Appeal and Eaualization meetin2:s / Eaualization Trainin2:
State law currently provides for the transference of duties from the local boards to the county
assessor. A public notice of the meeting at which the proposal to transfer duties to the county
assessor is required. The transfer of duties may be permanent or for a specific number of years,
provided that the transfer be for a minimum of three years. The transfer of duties musf be
communicated in writing by December 1, 2005, for the 2006 Local Board of Appeal and
Equalization.
Starting with the 2006 Local Board of Appeal and Equalization, at least one voting member of
the Local Board of Appeal and Equalization must attend an appeals and equalization training
session developed or approved by the Minnesota Commissioner of Revenue. A training session
is scheduled for February 3,2005, at 2:00 pm at the Maple Grove Government Center. It is
recommended that two members attend this training. If no members attend this training, the
Council will lose its ability to act as the Local Board of Appeal and Equalization in 2006.
n
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#C;B
lIi"
January 4, 2004
Local Board of Appeal and Equalization
Page Two
A memorandum from the Hennepin County Assessor regarding the transference of duties to the
County Assessor, and Appeal and Equalization Training is attached.
Council Action
Staff recommends that Council set the Local Board of Appeal and Equalization meeting for
Monday, April 18, 2005, in the City of Shore wood Council Chambers, at 7:00 p.m.
Council should also discuss the options for future Local Board of Appeal and Equalization
meetings, and the Appeals and Equalization Training. Council will need to act prior to February 3 .
if it wishes to conduct the Local Board of Appeal and Equalization meeting in 2006.
.
LOCAL BOARD OF APPEAL AND EQUALIZATION
SUMMARY OF DUTIES AND RESPONSIBILITIES
Most of the responsibilities listed under the Local Board of Appeal and Equalization are
statutory, primarily found in Minnesota Statutes 274.01.
. The first responsibility is attendance. The Local Board of Appeal and Equalization is
an official public meeting similar to a City Council meeting and can not convene
without a quorum. In addition to the local assessor, the county assessor, or one of
his/her assistants is required to attend.
. The valuation notices shall be in writing and be sent by ordinary mail at least ten
calendar days before the meeting of the board. The valuation notice will include the
dates, places and times set for the meetings of the Local Board of Appeal and
Equalization as well as the Hennepin County Board of Appeal and Equalization.
.
. The meetings must be held between April 1 and May 31 each year. The County
Assessor shall fix a day and time when the Local Board of Appeal and Equalization
shall meet. The board must complete its work and adj ourn within 20 days from the
time of convening stated in the notice of the clerk, Le., calendar days --original night
is day one.
. The clerk shall give published and posted notice of the meeting at least ten days
before the date of the meeting.
. Local Boards of Appeal and Equalization must see that all taxable property is
properly assessed, valued, and classified for all current assessments. The board may
consider both real and personal property.
.
. If any property has been omitted, the board must correct the assessment by adding it
to the list of assessments along with its market value.
. The board may not increase or decrease by percentage all assessments in a district of
a given class of property. Changes in the aggregate to assessments are by class and
are made by the county board of equalization.
. Although the Local Board of Appeal and Equalization has the authority to increase or
decrease individual assessments, the total of such adjustments must not reduce the
aggregate assessment by more than one percent. If the total reductions would lower
the aggregate assessments by more that one- percent, none of the adjustments may be
made. The assessor shall correct any clerical errors or double assessments discovered
by the board without regard to the one percent limitation. .
. The local board does not have the authority to reopen former assessments on which
taxes are due and payable. The board only considers assessments in the current year.
. The board may find instances of undervalued properties. The board must notify the
owner of the. property that the value is going to be raised. The property owner may
then appear before the board if they so wish.
. It is the primary duty of each local board to examine the assessment record to see that
all taxable property in the assessment district has been properly placed upon the list
and valued by the assessor. The local boards do. not have the authority to address
exemption issues. Only the county assessor has the authority to exempt property.
. A taxpayer may appear in person, by council, or written communication to present his
or her objection to the board. The focus of the appeal must center on the factors
influencing the estimated market value or classification placed on the property.
. All changes will be entered into the assessment books by the county assessor's office.
. Before adjourning, the local board should prepare an official list of the changes. The
law requires that the changes be listed on a separate form.. All assessments that have
been increased or decreased should be shown as prescribed on the form along with
their market values. The record must be signed and dated by the members of the
Local Board of Appeal and Equalization.
.
. The Hennepin County Board of Appeal and Equalization begins meeting on:
June 13, 2005
. All appointments must be scheduled no later than June 6, 2005 by calling:
(612) 348-7050
.
Hennepin County Assessor Department
A-2103 Government C;:enter
Minneapolis, Minnesota 55487-0231
www.co.hennepin.mn.us
December 17,2004
To: Members of Local Boards of Appeal and Equalization
From: Thomas J. May, Hennepin County Assessor
Subject: Local Board of Appeal and Equalization Training
.
A 2003 law requires that a Local Board of Appeal and Equalization cannot be held in 2006
unless at least one voting member present at the meeting has attended an appeals and
equalization course developed or approved by the Minnesota Commissioner of Revenue.
The purpose of this training is to assist local board members in conducting their Local
Boards of Appeal and Equalization meetings.
The law, found in Minnesota Statute 274.014, proyides in part that:
"By no later than January 1, 2006, a1'}d,e.ach year thereafter, there must be at least one
member at each meeting of a local board of appeal and equalization who has attended an
appeals and equalization course developed or approved by the commissioner within the
last four years, as certified by the commissioner. The course may be offered in
conjunction with a meeting of the Minnesota League of Cities or the Minnesota
Association of Townships. The course content must include, but need not be limited to, a
review of the handbook developed by the commissIoner... " . ""
.
To be certain that you have every opportunity to attend a training session that will satisfy the
requirements of this law, my office is partnering with the Minnesota Department of Revenue
to make this course available to you.
The training is scheduled for February 3, 2005. This training session will be held at the
Maple Grove Government Center beginning at 2:00 p.m. A representative from the
Minnesota Department of Revenue will be conducting the training session.
To allow for unforeseen circumstances, you may consider having two representatives go
through the training process to insure statutory compliance at your 2006 local board
meeting.
To be provide sufficient space and materials to conduct this training session, I am asking
that you confirm your attendance at this seminar by contacting Jodee Schinkel of my office
at 612348-3046 by JaDuary 3,2005.
If, prior to the 2006 Local Board of Appeal and Equalization, no voting member on your
Local Board of Appeal and Equalization has attended an approved training session, you will
An Equal Opportunity Employer
Recycled Paper
. Page 2
December 17, 2004
lose your ability to hold a Local Board of Appeal and Equalization effective with the 2006
Local Board of Appeal and Equalization. A local board who forfeits its powers to the county
for failing to meet the training requirements may be reinstated by resolution of the governing
body of the city or town and upon proof of compliance that at least one member has
attended an approved appeals and equalization course. The resolution and proof of course
attendance must be provided to the county assessor by December 1 in order to be effective
for the following assessment year.
In light of these legislative changes, I want to remind you that M.S. ,274.01 subd.3 currently
provides for the transference of duties from the local boards to the county assessor. This .
statute is onlv available to those cities whose assessment services are performed bv the
county assessor.
"The town board of any town or the governing body of any home rule charter or statutory city
may transfer its powers and duties under subdivision 1 to the county board, and no longer
perform the function of a local board. Before the town board or the governing body of a city
transfers the powers and duties to the county board, the town board or city's goveming body
shall give public notice of the meeting at which the proposal for transfer is to be considered.
The public notice shall follow the procedure contained in section 130.04, subdivision 2.
A transfer of duties as permitted under this subdivision must be communicated to the county
assessor, in writing, before December 1 of any year to be effective for the following years
assessment. . This tmnsfer of duties to the COUFity may either be permanent or for a specified
number of years, provided that the transfer cannot be for less than three years. Its length
must be stated in writing. A town or city may renewits option to transfer. The option to .
transfer duties under this subdivision is only available to a town or city whose
assessment is done by the county".
I wanted to take this opportunity to inform you of this new legislation and let you know the
options that are available to your City Council/Board of Appeal and Equalization
As always, if you have any questions or concerns please contact my staff or me at 612 348-
3046.
Very Truly Yours,
Q!~ 110"
Thomas J. May
Hennepin County Assessor
t-
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236
FAX (952) 474-0128 · www.cLshorewood.mn.us . cityhall@cLshorewood.mn.us
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council
Craig W. Dawson, City Administrator e.P
January 5,2005
Recommendation(s) of Appointment to MCWD
. The terms of two positions on the Board of Managers of the Minnehaha Creek Watershed District
(MCWD) are expiring on March 8,2005. Six of the managers are appointed by the Hennepin County
Board of Commissioners, and one is appointed by the Carver County Board of Commissioners. Two
of the positions expiring in 2005 are in Hennepin County.
Minnesota Statutes 103D.311 discusses the procedure for appointments to watershed boards;
Subdivision 3 relates to districts within the metropolitan area.
"(a) ... If a district is wholly within the metropolitan area, the county commissioners shall
appoint the managers from a list of persons nominated jointly or severally by the towns and
municipalities within the district. The list must contain at least three nominees for each manager's
position to be filled. The list must be submitted to the county boards affected by the watershed
district at least 60 days before the manager's term of office expires. . . .
.
"(b) If the list is not submitted 60 days before the managers' terms of office expire, the
county commissioners must appoint the managers from eligible persons residing in the watershed
district.
"(c) Managers of a watershed district entirely within the metropolitan must be appointed to
fairly represent the various hydrologic areas within the watershed district by residence of the manager
appointed. "
Accordingly, the City Council may submit the names of residents it would like to have appointed to
the watershed board. The County Board. must consider names submitted to it by January 8; the
County Board has discretion about the weight it gives to any names forwarded after that date. The
CityCounc.irs_first meeting in 2005 is on January 10.
Current Status:
The terms of Hennepin County residents Pamela Blixt and Richard Miller are expiring in March
2005. Both managers are expected to seek reappointment.
n
'-.1 PRINTED ON RECYCLED PAPER
#9G
2
RECOMMENDATION:
No information has been received from persons wishing to be appointed to the MCWD Board. A
Resolution for appointment, with the nominee's name left blank, has been drafted for Council
consideration.
. If the Council decides to nominate this evening, it is recommended that the Council
adopt the resolution regarding appointment(s) to the MCWD Board of Managers.
~
.
.
t
CITY OF SHOREWOOD
RESOLUTION NO. 05 -
A RESOLUTION SUPPORTING APPOINTMENT
OF AND
TO THE MINNEHAHA CREEK WATERSHED DISTRICT
BOARD OF MANAGERS
WHEREAS, the City of Shorewood lies partially within the Minnehaha Creek Watershed District
(MCWD); and
WHEREAS, the Shorewood City Council has considered several persons residing within the
MCWD for nomination to the MCWD Board of Managers; and
. WHEREAS, the Shorewood City Council recognizes the value of by highly competent persons who
are committed to maintaining good working relationships with other units of government;
NOW, THEREFORE, BE IT RESOLVED, that the Council of the City of Shore wood hereby
supports the appointment of and by the
Hennepin County Board of Commissioners to the MCWD Board of Managers for three-year terms.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 10th day
of January, 2005.
Woody Love, Mayor
.
ATTEST:
Craig W. Dawson, City Administrator/Clerk
.
.
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236
FAX (952) 474-0128. www.cLshorewood.mn.us. cityhall@cLshorewood.mn.us
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council
Craig W. Dawson, City Administrator (Jb
January 3,2005
Excelsior Proposal re: Process for SLMPD Issues
After the last meeting of the Shorewood City Council, we received correspondence from the City of
Excelsior on its response to the SLMPD Coordinating Committee proposal on a process regarding
SLMPDissues. Excelsior agreed with the Coordinating Committee proposal, provided that the member
cities' attorneys prepare and the councils approve an amendment to the joint powers agreement (JP A).
The amendment would permit a city to withdraw from the JP A if all of the changes recommended at the
end of the process are not made. The Excelsior City Council demanded agreement-in-principle from the
other SLMPD city councils by December 28,2004, and approval of the JPA amendment by the councils
by January 14,2005.
The City of Tonka Bay formally indicated that it had already held its last meeting of 2004, and would not
be meeting again until January 11. The Greenwood mayor informed Excelsior that he would not be
calling a special meeting, and that its next regular meeting would be January 4. The Shorewood mayor
informed Excelsior that he would not be calling a special meeting before the next regular meeting on
January 10, and no two members of the Shorewood City Council (the minimum necessary) requested a
special meeting.
Despite these actions, the Excelsior City Council has requested that the other city councils give a formal
response to its proposal of December 15. I have informed the Excelsior city manager of the Shorewood
City Council's strong endorsement of the Coordinating Committee proposal, and its highly likely
disagreement with Excelsior's pre-condition to amend the JP A to permit withdrawal.
In its correspondence, the Excelsior City Council stated the withdrawal provision was necessary to
motivate the cities to participate and resolve issues. In reality, this process is progressing rather quickly
given the recent holiday season. The SLMPD Operating Committee expects to make its recommendation
on the facilitator for the process by January 14, and the Coordinating Committee is expected to act on that
recommendation during the week of January 17. The city councils of Greenwood, Shorewood, and Tonka
Bay have endorsed the Coordinating Committee proposal, and have indicated their desires to have this
process begin as quickly as possible.
CITY COUNCIL ACTION: Staff recommends that the City Council decline the December 15
proposal by the Excelsior City Council due to the demand for a withdrawal provision, and reiterate
its endorsement of the process approved by the Coordinating Committee. The Council should also
designate its member on the task force/committee in this process. (Mayor Love will be
participating from his position as the Ciii"s member of the Coordinating Committee.)
~.,) PRINTED ON RECYCLED PAPER :;:J::.- ~ D
CITY OF EXCELSIOR
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339THIRD STREET
EXCELSIOR, MINNESOTA 55331
TEL: 952-474-5233
. FAX: 952-474-6300
December 15, 2004
Mayor and City Council Members
City of Shor~wood
5755 Country Club Road
Shorewood, Minnesota 55331
Mayor and City Council Members
City of Greenwood
20225 Cottagewood Road
Greenwood, Minnesota 55331
Mayor and City Council Members
City of Tonka Bay
4901 Manitou Road
Tonka Bay, Minnesota 55331
.
Re: Police Issues
Dear Mayors and City Council Memb~rs:
At its work session Monday night, the Excelsior CitY Council discussed recent efforts to
facilitate discussions between the four member cities regarding the ongoing police dispute. A
majority of the Council expressed concern that the most recently proposed framework provided
inadequate incentive for the parties to reach an agreement within a reasonable period oftime. In
an effort to craft a process that more effectively focuses the parties, the Council directed staff to
bring the following proposal to it for approval at its next regular City Council meeting on .
December 20th. The proposal uses the negotiation framework that has been approved by the
Coordinating Committee and adds true motivation for all parties to reach a consensus by
allowing any Member City to withdraw from the JP A if an agreement is not reached within the
time allotted by the Coordinating Committee's proposal. Without such motivation, the majority
of the Council believes resolution is not possible.
. Excelsior will agree to pay $442,559 for the SLMPD budget for 2005, which is the full
amount requested of Excelsior.
. SLMPD shall restore full and complete service to Excelsior for 2005, the same uniform
service level that all cities receive.
.
.
Mayors and City Councils
December 15,2004
Page 2
. The Member Cities will initiate and complete negotiations by May 3l, 2005 according to
the process outlined by the SLMPD Operating Committee, which has already been
approved by the Coordinating Committee.
. If each city council does not agree to the changes to the JP A proposed as a result of the
Operating Committee negotiations, any of the Member Cities shall be entitled to
withdraw from the SLlVIPD on mutually-acceptable terms. The withdrawal terms would
be composed by the four city attorneys and approved by the. four city councils by January
14,2005.
Because the year is quickly drawing to a close, the Council has asked us to require each of the
member cities to agree in principle to this proposal by December 28. Although it intends to
approve immediate commencement of negotiations, Excelsior's approval of the $442,559 for
2005 shall not be effective until negotiation of the details of the withdrawal option has
concluded. If no such option has been negotiated by January 14, 2005, Excelsior's offer shall
expire.
Sincerely,
~f.w~
Laurence E. Whittaker
City Manager
cc:
Mayor and City Councilmembers
City of Excelsior
.
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236
FAX (952) 474-0128 . www.cLshorewood.mn.us . cityhall@cLshorewood.mn.us
MEMORANDUM
TO:
Mayor and City Council
FROM:
Brad Nielsen
.
DATE:
06 January 2005
RE:
Barrington - Street Light Plan
FILE NO.
Street Lights - Barrington Way
Capestone Builders has submitted a plan for street lighting in itsBarrington project (see Exhibit
A). They propose five street lights, all of which are located entirely within their property
boundaries. The proposed lighting layout IS also shown on Exhibit A.
Shorewood's current policy specifically allows street lights at intersections and at the end of cul-
de-sac streets. Mid-block lighting is not allowed, except where traffic conditions dictate (e.g.
steep hills, sharp curves, etc.). The locations of the second light from the bottom on Exhibit A
does not appear to be consistent with current policy. The other four comply with City policy.
.
Shorewood's policy also includes notification of property owners within 500 feet of each
proposed light location. In this case staff used the same mailing list as was used for the proj ect
itself, resulting ina larger notification area. To date, we have received a couple of phone
inquiries, but no written or e-mail correspondence. One nearby property owner was interested in
seeing the landscape plan for the project, which we faxed to him.
In the past the City has specified a standard "cobra" style of light. More recently, Excel has
informed us that a more decorative carriage style light does not cost any more than the cobra.
These are also easier to black out a panel to diminish light in a chosen direction. The Council
may wish to specify these in the future. Since the project sits considerably lower than its
surrounding neighbors, blacking out any side of the light is not considered necessary. Staff
recommends approval of the lighting plan, provided any extra cost for fixtures or getting
electricity to the locations is covered by the developer. The proposed fixture is shown on
Exhibit B.
If you have any questions relative to this matter, please do not hesitate to contact me prior to
Monday night's meeting.
CC:
Craig Dawson
Larry Brown Tim Keane Capestone Builders
n
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J930 PRODUCT PAGE
Page 1 of 1
GETTYSBURG - 9930
The curved roof line and six sides provides the
historic look. either on a post top or hung from a
decorative arm of a Sternberg pole. This large
fixture tops out at 19" wide x 45 W' high. The rust
color shown above adds to the vintage look. Either
type 3 or 5 light distributions are available.
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