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011402 CC Reg AgP ... ' " !. CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, JANUARY 14, 2002 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. AGENDA 1. CONVENE CITY COUNCIL MEETING A. Roll Call Mayor Love _ Garfunkel Lizee Zerby _ Turgeon _ B. Review Agenda 2. APPROVAL OF MINUTES A. City Council Special Meeting Minutes of December 10,2001 (Att.-#2A Minutes) B. City Council Regular Meeting Minutes of December 10, 2001 (Att.-#2B Minutes) C. Joint City Council/Park Commission Mtg. Minutes, Dec. 11,2001 (Att.-#2C Minutes) D. City Council Special Meeting Minutes of January 7, 2002 (Att.-#2D Minutes) 3. CONSENT AGENDA - Motion to approve items on Consent Agenda & Adopt Resolutions Therein: NOTE: Give the public an opportunity to request an item be removed from the Consent Agenda. Comments can be taken or questions asked following removal from Consent Agenda. A. Approval of the Verified Claims List (Att.-#3A Claims List) B. Setting the 2002 City Council Regular Meeting Dates (Att.-#3B Proposed Resolution) C. Enchanted and Shady Island "No Dumping" signs (Att.-#3C Proposed Resolution) D. 2002 Fee Schedule (Att.-#3D Proposed Resolution) E. Approving Tree Trimmers Licenses for 2002 (Att.-#3E Proposed Resolution) F. Accepting Final Improvements for Freeman Park Sewer and Watermain Project (Att.- #3F Public Works Director's memorandum, Proposed Resolution) " .. CITY COUNCIL AGENDA - January 14, 2002 , PAGE 2 OF2 G. Approve Extension to Deadline for Correcting Zoning Violation (Att.-#3G - Planning Director's Memorandum) Appellant: John A. Sulciner, representing Dimensions in Floors Location: 5660 County Road 19 4. MATTERS FROM THE FLOOR (No Council action will be taken.) 5. PARKS - Report by Representative A. Report on Park Commission Meeting Held December 11,2001 (Att.-#5A Draft Minutes) 6. PLANNING - Report by Representative 7. GENERAL A. Making Appointments to Certain Offices and Positions within the City of Shorewood for the Year 2002 (Att.-#7A Proposed Resolution) B. Establishing the Date, Time and Place for the Local Board of Review (Att.-#7B Proposed Resolution) C. Amendment to Lawn Fertilizer Ordinance (Att.-#7C Administrator's memorandum, Draft Ordinance) 8. ENGINEERINGIPUBLIC WORKS A. Underground Utilities Ordinance (Public Works Director's memorandum, Draft Ordinance) B. Accepting Proposal for Engineering Services - Lake Linden Drive Trail (Att.-#8B Public Works Director's memorandum, WSB Proposal) 9. REPORTS A. Administrator & Staff 1. Gideon Glen 2. County Road 19 Intersection 3. Liquor Committee 10. ADJOURN 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 Executive Summary Shorewood City Council Regular Meeting Monday, 14 January 2002 f,. Planning/Park Commissioner Interviews are scheduled for 5 :30 p.m. this evening. Food will be available prior to the interviews. Agenda Item #3A: Enclosed is the Verified Claims List for Council approval Agenda Item #3B: This motion adopts a resolution setting the Year 2001 City Council meeting schedule, which is the 2nd and 4th Mondays of each month. If a meeting falls on a holiday, Council should determine an alternate meeting date. . ' I Agenda Item #3C: Police recently confronted an individual who admitted to having dumped yard waste near the wetland area alongside Enchanted Lane. Both the violator and a witness to the dumping state that other area residents commonly use the area to dispose of yard waste (brush, leaves, yard clippings, etc.). While the police are referring this incident to the prosecuting attorney, they have suggested that "No Dumping" signs be posted along Enchanted Lane. Approval of such a motion requires a simple majority vote by the Council. , ..t Agenda Item #3D: The 2002 Fee Schedule is submitted for Council review with two changes: 1) a new charge for providing mailing labels to business and individuals requesting names and addresses of city residents, and, 2) an increase in the sports organization user fee as per the Park Commission's recommendation. Staffn~commends approval. Agenda Item #3E: This motion adopts a resolution to approve two' additional Tree Trimmer licenses for the year 2002. Agenda Item #3F: Thomas and Sons, Inc. has completed the Freeman Park Sanitary Sewer and Water Project, and has petitioned for acceptance by the City. Staffhas inspected the work and recommends approval. Agenda Item #3G: The owner of Dimensions in Floors has asked for approximately 90 days to correct a zoning violation by removing two large boats stored behind the building. ft t.~ PRINTED ON RECYCLED PAPER Executive Summary - City Council Meeting of 14 January 2002 Page 2 of2 Staff recommends only a 30-day extension, after which the matter should be referred to the City Attorney for further legal action. Approval of the extension requires a simple majority vote by the Council. It should be noted that the appellant may wish to address the Council on this matter. If so, it should be removed from the consent agenda. Agenda Item #7 A: This motion adopts the annual resolution making the Year 2002 appointments to certain offices and positions within the city. Agenda Item #7B: Hennepin County has set the City of Shorewood's Local Board of Review date for Monday, April 15, 2002. Since a quorum must exist at this meeting, Council must approve, by simple motion, the date and time of the 2002 Local Board of Review. Agenda Item #7C: The amendment would delay the effective dates for the retail restrictions in the City's lawn fertilizer ordinance to January 1, 2003. It was hoped at the time the ordinance was adopted in 2000 that state legislation would supersede the City's January 1,2002, effective date. It is promising that such legislation can be enacted during the . 2002 session of the Legislature. A simple majority vote is necessary. Agenda Item #8A: The City Attorney has drafted an ordinance that requires utility companies to underground their utilities within the public rights of way. This issue has surfaced due to the Gateway Project on County Road 19. Staff will be presenting this item at the City Council meeting for discussion and approval, if appropriate. Agenda Item #8B: WSB and Associates has prepared a proposal for the Lake Linden Drive Trail Project. Staff is recommending approval of the proposal. Total costs for theses services are $4,750. These costs are eligible for State Aid reimbursement, if the project moves forward. . CITY OF SHOREWOOD CITY COUNCIL SPECIAL MEETING MONDAY, DECEMBER 10,2001 5755 COUNTRY CLUB ROAD CITY HALL CONFERENCE ROOM 6:45 P.M. MINUTES 1. CONVENE SPECIAL MEETING Mayor Love called the meeting to order at 6:45 P.M. fi0 [)fj..~.. .F~~l..l.";JI ..j '~!j t~ [J A. Roll Call Present: Mayor Love; Councilmembers Lizee and Turgeon; Administrator Dawson Absent: Councilmembers Garfunkel and Zerby, B. Review Agenda . Mayor Love reviewed the Agenda, noting the purpose of the meeting was to interview a candidate for appointment as representative to the Lake Minnetonka Conservation District (LMCD) Board. 2. INTERVIEW CANDIDATE FOR MCES ADVISORY BOARD One candidate, Tom Skramstad of 28020 Woodside Road, was interviewed for appointment to the LMCD Board. 3. ADJOURNMENT Lizee moved, Turgeon seconded, adjourning the City Council Special Meeting of December 1,2001, at 6:59 P.M. RESPECTFULLY SUBMITTED, . Sally Keefe, Recording Secretary Woody Love, Mayor Craig W. Dawson, City Administrator :1- d- A f. . . CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, DECEMBER 10,2001 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING D RAfl~ Mayor Love called the meeting to order at 7:02 P.M. A. Roll Call Present: Mayor Love; Councilmembers Garfunkel, Lizee, Turgeon, and Zerby; Administrator Dawson; Attorney Keane (arrived 7:05 P.M.); Engineer Brown; Finance Director Burton; and Planning Director Nielsen Absent: None B. Review Agenda Mayor Love reviewed the Agenda. Administrator Dawson requested Item 8C, Accepting Improvements for Trunk Highway 7 Access Closures, be added to this evening's Agenda. Lizee moved, Zerby seconded, approving the Agenda as amended. Motion passed 4/0. 2. APPROVAL OF MINUTES A. City Council Work Session Meeting of November 26, 2001 Turgeon moved, Zerby seconded, approving the City Council Work Session Meeting Minutes of November 26, 2001, as presented. Motion passed 4/0. B. City Council Regular Meeting Minutes of November 26, 2001 Zerby moved, Turgeon seconded, approving the City Council Regular Meeting Minutes of November 26,2001. Motion passed 4/0. C. City Council Work Session Minutes of November 26, 2001 Turgeon moved, Lizee seconded, approving the City Council Work Session Meeting Minutes of November 26, 2001. Motion passed 4/0. 3. CONSENT AGENDA Lizee moved, Zerby seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein: A. Approval of the Verified Claims List B. Adopting RESOLUTION NO. 01-078. "A Resolution Approving Year 2002 Refuse Hauler Licenses." *~b REGULAR CITY COUNCIL MEETING MINUTES December 10,2001 Page 2 of 9 . C. Adopting RESOLUTION NO. 01-079, "A Resolution Approving Year 2002 Tree Trimmer Licenses." D. Approving the Engagement Letter for 2001 Audit E. Authorizing the Mayor and City Administrator to Enter Into an Agreement for Rink Attendant and Warming House Supervision Services for the 2001-2002 Ice Skating Season F. Approving the Year 2002 Agreement for Animal Control and Animal Impound Services G. Authorizing the City Administrator to Enter Into an Agreement for Cleaning Services at Shorewood City Hall and Public Works Facilities H. Authorize Expenditure of Funds for Laser Printer . 1. Direct Staff to Enforce Nuisance Code Location: 5620 Star Lane Property Owner: Charles and Sally Carlson Motion passed 4/0. 4. MATTERS FROM THE FLOOR There were no matters from the floor this evening. 5. PARKS As there had not been a Park Commission Meeting prior to this Council meeting, Engineer Brown noted there was nothing to report at this time. He also noted a J oint Work Session Meeting including the Park Commission and Council was scheduled for December 11,2001, at 7:00 P.M. 6. PLANNING . Commissioner Gagne reported on matters considered and actions taken at the December 4, 2001, Planning Commission Meeting (as detailed in the minutes of that meeting). Attorney Keane arrived at 7:05 P.M. A. Cub Foods pre-application Location: 6095 Lake Linden Drive Applicant: John Uban (DSU), representing the Shorewood Village Shopping Center Director Nielsen briefly reviewed the history on this matter, noting this was a Preapplication for a Comprehensive Plan Amendment regarding expansion of the Shorewood Village Shopping Center to include a new CUB Foods grocery store. As such, its purpose was to allow the applicant to meet informally with Council to explain the proposal, requesting the land use designation of the property at 6095 Lake Linden Drive be changed from "Low to Medium Residential" to "Commercial." While no . . REGULAR CITY COUNCIL MEETING MINUTES December 10,2001 Page 3 of9 official action was being taken this evening, it was important to give the applicant enough direction to make a determination whether or not to proceed with a formal Comprehensive Plan Amendment request as well as any other zoning requests necessary. He also stated a number of issues had been addressed since submission of the original proposal. Further, he explained the owner of the Shopping Center had hired the planning consulting firm of Dahlgren, Shardlow, and Uban, Inc. (DSU) to submit a revised proposal for the project. Director Nielsen then introduced Mr. Stan Taube, owner of the Shorewood Village Shopping Center. Mr. Taube stated he had purchased the property 5 to 6 years ago, made design improvements, and in looking to the future decided the public wanted more conveniences in grocery shopping. CUB Foods Inc., through a third party, came to him and began working on potential plans for the site. He explained the Planning Commission had denied his earlier proposal. Since that time, he had hired DSU to make accepted dramatic changes to the exterior of the store. He also noted the Planning Commission had been complimentary regarding the most recent proposal and additional changes had been made since that meeting in October of this year as well. He noted Mr. Uban was here to make presentation of the revised proposal to the Council this evening. Mr. John Uban, partner in DSU, Inc., presented information to Council regarding the preapplication. He explained the focus of the application was to change the designation in the City's Comprehensive Plan for the residential property, directly west of the current Shopping Center. In addition, he stated his firm had attempted to provide a typical and prudent idea for expansion of the site instead of building a separate CUB Foods store on the property. Mr. Uban then reviewed the City's Comprehensive Plan Land Use Policies for Commercial properties, as well as applicable general and residential policies, showing how the revised proposal would meet or exceed those recommended guidelines for future use. He stated a neighborhood meeting had been held on Thursday, December 6, 2001, at the Shorewood Village Shopping Center to discuss this proposal with local residents and receive feedback. He stated residents appreciated the removal of the retaining wall in the revised site plans. Furthermore, he explained this revised proposal had included additional landscaping, utilized an underground water collection system to alleviate stormwater management issues, provided entry monuments and traffic calming measures for the Lake Linden neighborhood, redesigned entrances to Lake Linden Drive from the Shopping Center had been added, the proposed addition had been decreased in size, an enhanced architectural fac;ade had been added to the design, and additional parking had been added to meet City requirements. Many of these design changes were in response to recommendations by the City Staff, Commissions, or residents in effort to reduce the number of variances being requested. He then detailed these proposed changes made to the design, noting there would be increased traffic on local collector streets as a result of new development to the site. Mr. Ron Krank, of KKE Architects Inc., shared the proposed architectural improvements for the site, noting there was a dramatic attempt to establish a "village" character for the Center. Mr. Curt Craig, District Manager for CUB Foods, explained proposed changes to the interior layout of the store, noting these changes attempted to create "a series of small stores within a store." He also stated CUB Foods had worked diligently to be a good participant in the communities where stores were located. Mr. Lloyd Johnson, Vice-President of Real Estate for Supervalu, explained the rationale behind the selection of this site for use as a CUB Foods store. He explained CUB Foods stores were corporately owned. In addition, each potential site for a CUB Foods store needed to meet established criteria, including location from other existing CUB Foods stores, physical site location on alterial roadways, and potential for support from established trade areas. He noted this proposal fit all three of those corporate criteria. He also explained other smaller store formats, such as County Market, were independently REGULAR CITY COUNCIL MEETING MINUTES December 10, 2001 Page 4 of9 owned and typically found in an area where urban expansion had not yet established that area as being desirable for a CUB Foods store. Mayor Love asked Director Nielsen to reVIew the purpose of the Preapplication Process for a Comprehensive Plan Amendment. Councilmember Turgeon questioned whether the Department of Natural Resources (DNR) had made a determination of the classification of Lake Linden. Director Nielsen explained the DNR's perspective regarding this classification, noting the City could continue to request applicants to observe the Shoreland Management guidelines for impervious surface; however, the DNR would not be able to support those guidelines. Councilmember Turgeon then asked questions related to issues of underground ponding and traffic. She also stated she was concerned for the increase of 190 vehicles per day on Lake Linden Drive due to customers visiting this CUB Foods store. Attorney Keane reminded Council its purpose was to provide feedback and direction to the applicant regarding the land use amendment being presented. Mayor Love stated he shared Councilmember Turgeon's concern regarding increased traffic flow, . regardless of cause, on roadways already overburdened with vehicular travel. Mr. Uban stated he could not precisely speculate what would happen on the collector streets surrounding the site, but stated traffic studies had been conducted twice in this project with four traffic flow alternatives being proposed. Councilmember Turgeon noted changes to the fa~ade were nice, but didn't seem to diminish the overall scale and character of the building. Councilmember Zerby stated he had remaining questions regarding issues of trash removal and refuse trucks, increased traffic flow patterns for the mall site, signage, seasonal uses of the parking spaces, as well as lack of carry-out service and parking consideration for seniors. In addition, he stated he was concerned for an interior connection between the proposed CUB Foods store and the mall. Councilmember Lizee stated she had concerns regarding the parking requirements and size of the store. She questioned the reluctance for further reduction in size of the store and potential for such a store as a County Market for the site. Mr. Uban responded this site was not part of the market strategy format intended for a County Market store. He noted the key issue regarding success of the mall was to have a . successful "anchor" grocery store. Councilmember Lizee also stated she was reluctant to approve the proposal, as presented, because she believed the RI-C zoning designation on the property being considered provided transitional zoning which was crucial to maintaining balanced zoning within the districts. Mayor Love expressed concern for the overall impact to the area. He also stated he had heard many changes proposed from the original design and could see greater sensitivity to the concerns of residents, Staff, and Commissions being displayed in this site plan. Mr. Uban stated he would continue to work with City staff, the community, and neighborhood residents to move forward in the process. He anticipated returning in January, 2002, to present further improvements to the proposal. Mayor Love recessed the meeting at 8:19 P.M. and reconvened the meeting at 8:22 P.M. B. Apple Ridge PUD Final Plan REGULAR CITY COUNCIL MEETING MINUTES December 10, 2001 Page 5 of9 Director Nielsen reviewed the history of this matter, noting there were significant concerns expressed from the public and Planning Commission regarding concept and development plans for this site in August of this year. As a result, the final plan/plat had been referred back to the Planning Commission in advance of the Council's review of the final documents. He then noted the Pinal Plat; Tree Preservation and Reforestation Plan; Declaration of Covenants, Conditions, and Restrictions; Declaration of Driveway Easement and Maintenance Agreement; and Conservation Easement had also been submitted for the Commission's review. He also noted the developer would be able to connect to the Woodhaven water system, eliminating the need for the fire access turn-around, resulting in considerably less site alteration. In addition, he complimented the applicant on his efforts to include plantings that would supply aesthetic separation between the buildings as well as along the driveway and beside Apple Road. Also, he stated a Conservation Easement was being granted over Outlot A, and Outlot B was anticipated to be purchased and combined with another neighboring lot to the north of the proposed development. As part of the planning process utilized in this matter, Engineer Brown would be approving the necessary drainage construction plans as needed. . Mr. Peter Knaeble, a civil engineer representing Mr. Lecy, stated he would answer any Council may have of him. Zerby moved, Lizee seconded, adopting RESOLUTION NO. 01-080, "A Resolution Approving the Final Plat of Apple Ridge." Councilmember Lizee commented she appreciated the efforts in review of the final plat by the Planning Commission in this matter. Motion passed 4/0. C. Business Hours Limitation Ordinance . Director Nielsen explained this ordinance was an effort to regulate the hours of operation in business districts within the City. He reviewed the modifications made to the proposed draft, noting it had been revised to include idea that trucks could be parked prior to 10:00 P.M., with motors off, and could be off- loaded after that time. Councilmember Zerby questioned whether the City had a definition of "business" in its Comprehensive Plan. Attorney Keane responded affirmatively and noted a definition of "commercial" also had been defined. Councilmember Zerby noted a discrepancy in the City's expectation regarding movement of refuse collection trucks as part of this ordinance, stating it seemed a bit unusual to allow the task to be performed earlier in the day in residential neighborhoods and regulate this task in the business districts. Director Nielsen explained there were no regulations regarding the time refuse collection could occur in residential neighborhoods; however, there were City policies in place relating to noise between 10:00 P.M. and 7:00 A.M. Zerby moved, Turgeon seconded, Adopting ORDINANCE NO. 374, "An Ordinance Regulating Business Hours." Motion passed 4/0. D. Landscaping Ordinance Director Nielsen stated this area of the City Zoning Code had been in need of revision for some time as the areas related to the scope, specifications, design, maintenance, security, parking lot landscaping, and REGULAR CITY COUNCIL MEETING MINUTES December 10, 2001 Page 6 of9 submission requirements as part of the planning process for landscaping were inadequate. Director Nielsen then reviewed proposed changes in these areas. Mayor Love thanked him for his time and effort in working with the Planning Commission regarding these recommendations. Turgeon moved, Lizee seconded, Adopting ORDINANCE NO. 375, "An Ordinance Adopting Landscaping and Screening Requirements." Motion passed 4/0. E. Hard Cover Limitations for Properties Outside the Shoreline District Director Nielsen provided background information regarding this matter, explaining this issue had been visited in various discussions numerous times through the past years. He then reviewed the draft ordinance and rationale for proposed recommendations regarding maximum ratios of impervious surface to lot area. He explained the limitations would be for residential, commercial, and governmental/community-use lots situated outside the Shoreland Zoning District. The maximum ratio of impervious surface to lot area for lots not in the Shoreland District were recommended at 33% for residential lots, and 66% for commercial lots and lots with governmental, educational, religious or community-based facilities situated upon them. Conditional Use Permits could be granted where certain provisions existed requiring the need for additional impervious surface. . Mayor Love thanked the Planning Commission and Director Nielsen for all the hard work in drafting these limitations. He also stated he believed this issue to be of significant environmental concern for the area. He also suggested the idea of "banking" green space in the City be considered in the future in effort to limit impervious surface and retain open spaces. Councilmember Zerby questioned whether limitation ratios had been examined in other local municipalities. Director Nielsen explained the lake communities of Excelsior, Mound, Spring Park, and Wayzata, Minnesota, had also been examined. Councilmember Zerby also questioned the impacts this ordinance would have on various neighborhoods. Director Nielsen stated it was not anticipated to have a significant impact on many of the residential neighborhoods, but would most likely impact many commercial sites under development. Mayor Love stated he thought the draft ordinance seemed reasonable in its application and was hopeful it would help to guide and impact development in the future. Councilmember Turgeon expressed concern for its impact on the Lakeshore-Recreational District and certain existing sites. . Councilmember Zerby stated he thought it important to consider all the impacts this draft ordinance could have on the City's zoning districts, as it would affect more than just the environment. Mayor Love stated this ordinance was aimed at impacting the environment and was not intended to impact business policy. Director Nielsen thanked Council for its comments and explained this draft ordinance would be on the Regular City Council Meeting Agenda of January 14,2002, for further consideration and discussion. 7. GENERAL A. Appointment of City Representative to the LMCD Board If . . . REGULAR CITY COUNCIL MEETING MINUTES December 10, 2001 Page 7 of9 Lizee moved, Turgeon seconded, appointing Mr. Tom Skramstad, 28020 Woodside Road, as the City's Representative to the Lake Minnetonka Conservation District Board. Motion passed 4/0. B. 2002 Budget Presentation - Approving the 2002 Budgets and Approving the Property Tax Levy Collectible in 2002 Finance Director Burton presented the 2002 Budget to Council. She stated the budget, after adoption by the Council, would become the guide for delivery of services to the residents of the City for the coming year. In addition, the budget supported the City's purpose of providing value in municipal services to residents while assuring compliance with community laws and standards. She stated there were many variables considered when preparing the 2002 budget. The 2002 Proposed Budget contemplated an increase in the City's tax levy, as permitted by the newly legislated levy limits. The proposed 2002 levy was $2,763,367, which was an increase of approximately 5.4%, after correction for lost state aids the City must now levy for. Overall, property tax bills should decrease for most properties due to other changes in the property tax structure. The 2002 Proposed General Fund Budget was $3,270,162, which was an expenditure increase of approximately 4.5% from last year's budget. Revenues were expected to remain fairly stable with the exception of the building permit revenue, which was expected to decrease. Other sources of revenue included fees, permits, some limited governmental aid, and transfers from other funds. Some items contributing to growth in expenditures for the Year 2002 would include: Fire Department increases, Police Department requests, LMCD requests, Community Visioning Process, Elections, Recodification of the Zoning Code Book, Computer Equipment upgrades, Senior Community Services, and increases in Professional Service fees. Next she reviewed the Water Fund budget, comprised of the Water Operations and Water Debt Service funds. She noted capital improvements for 2002 were to include interconnection of the Woodhaven Well with Excelsior and repair of the turbine pump at Boulder Bridge. These improvements were previously schedule for 2001. In addition, other improvements being contemplated included alarm systems installed on the water towers, and some funds to be set aside to begin implementation of a radio water meter reading system. The proposed budgets for the Sanitary Sewer Fund had revenues and expenditures similar to Budget 2001. Capital improvements for the year included refurbishment of the Shady Island and Birch Bluff Lift Stations and the installation of 3 alarm/autodialers to various lift stations, as well as a shared purchase of a Vacuum Jetter Truck that would allow for safe cleaning and jetting of the City's sewer lines. The Stormwater Management and Recycling Budgets were not expected to have any substantial changes for the Year 2002. The Liquor Operations budgets were to remain stable for the Year 2002 as well. Council thanked Finance Director Burton and Administrator Dawson for effort demonstrated 10 preparation of the Budget for the coming year. Mayor Love recessed the meeting at 9:30 P.M. and reconvened the meeting at 9:41 P.M. C. Establishing the 2001 Pay Scale and City Insurance Contribution REGULAR CITY COUNCIL MEETING MINUTES December 10, 2001 Page 8of9 II . Lizee moved, Zerby seconded, Adopting RESOLUTION NO. 01-082, "A Resolution Revising the City's Wage and Salary Range Char for 2002 and Setting the Monthly Employer Contribution Toward the Monthly Insurance Premium for City Employees." Motion passed 4/0. D. Authorizing the Transfer of Funds Zerby moved, Turgeon seconded, Adopting RESOLUTION NO. 01-083, "A Resolution Authorizing the Transfer of Funds." Motion passed 4/0. E. Liquor Store Lease Recommendations Finance Director Burton reviewed the status of the leases for each of the City's three liquor stores. She noted negotiations with the leasing agents or owners had been ongoing for many months to obtain lease renewals or extensions. Zerby moved, Turgeon seconded, Approving the three Lease Renewals and Extensions and Authorizing the Mayor and City Administrator to Enter Into Lease Contracts and Agreements, subject to the review and approval of the City Attorney. . Mayor Love thanked Finance Director Burton for a job well done. Motion passed 4/0. 8. ENGINEERINGIPUBLIC WORKS A. Resolution Approving Contract Work Order #3 for State Trunk Highway 7 & 41 Reconstruction Project Lizee moved, Turgeon seconded, Adopting RESOLUTION NO. 01-084, "A Resolution Approving Contract Work Order #3 for State Trunk Highway 7 & 41 ReconstructionProject." Councilmember Zerby and Mayor Love questioned various improvements still remaining in the project area. Engineer Brown stated temporary signals and striping were in place currently and would be remedied in the near future. . B. Resolution Approving Contract Change Order #2 for State Trunk Highway 7 & 41 Reconstruction Project Engineer Brown noted this change order was for a decrease in the amount of $18,190 being requested for services in this project. Turgeon moved, Zerby seconded, Adopting RESOLUTION NO. 01-085, "A Resolution Approving Change Order #2 for State Trunk Highway 7 & 41 Reconstruction Project." Motion passed 4/0. C. Resolution Accepting Final Improvements for Trunk Highway 7 Access Closures Zerby moved, Lizee seconded, Adopting RESOLUTION NO. 01-086, "A Resolution Accepting Final Improvements for Trunk Highway Access Closures." Motion passed 4/0. 9. REPORTS 1 . . REGULAR CITY COUNCIL MEETING MINUTES December 10,2001 Page 9 of9 A. Administrator & Staff 1. Gideon Glen Administrator Dawson reported the Minnehaha Creek Watershed District would be taking action on Thursday, December 13,2001, regarding future capital improvements for Gideon Glen. 2. County Road 19 Intersection Engineer Brown reported a meeting was scheduled for Friday, December 14, 2001, with representatives from Hennepin County, City Staff, and staff from the City of Tonka Bay to discuss the next steps in the County Road 19 Intersection project. 3. Community Visioning Project Administrator Dawson explained this project was underway with interviews being scheduled as part of the process to gain resident input. In addition, a link had been established on the City's website. An informational meeting regarding this project was scheduled for February 21, 2002, at the Southshore Community Senior Center. He also noted the City of Excelsior would be participating in this project. 4. Public Safety Project Administrator Dawson reported the cities of Excelsior and Greenwood had agreed to participate in financing the Public Safety project on an ad valorem basis. B. Mayor & City Council Mayor Love stated he and Councilmember Lizee had agreed to take part in the Community Visioning project as website participants. He noted the web site link to the project welcomed informal input from residents of other cities as well. 10. ADJOURN Zerby moved, Turgeon seconded, adjourning the Regular City Council Meeting of December 10, 2001, at 9:56 P.M. Motion passed 4/0. RESPECTFULLY SUBMITTED, Sally Keefe, Recording Secretary Woody Love, Mayor Craig W. Dawson, City Administrator CITY OF SHOREWOOD WORK SESSION - JOINT MEETING OF THE PARK COMMISSION AND CITY COUNCIL TUESDAY, DECEMBER 11, 2001 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. MINUTES P,..n-rT eN........ r.'.: . ..... ...... . 'i,i}"' Wi 1. CONVENE WORK SESSION MEETING Chair Arnst, of the Park Commission, called the joint City Council meeting to order at 7:02 P.M. A. Roll Call City Council MembersPresent: Late Arrival: Councilmembers Zerby, Lizee, Turgeon, and Garfunkel Mayor Love . Late Arrival: Chair Arnst; Commissioners Puzak, Callies, Bix, Young, and Meyer Commissioner Dallman Park Commissioners Present: Also Present: City Administrator Dawson; City Engineer Brown; Finance Director Burton; and Mr. Koegler of the Hoisington Koegler Group B. Review Agenda Chair Arnst reviewed for those present that the City Council had a work session relating to MCES, Minnetonka Community Education Services, approximately two weeks ago. At the request of the City Council, a joint work session was scheduled with the Park Commission to discuss their concerns on the topic. . Chair Arnst continued by giving an outline for the first phase of the meeting. She pointed out that the meeting would include an overview of the issues that the Park Commission has experienced and discussed, information gained from several recent meetings with MCES, additional comments from Commissioners, a parking and traffic study update given by Hoisington Koegler, questions from Council, and finally, discussion on how to move forward on the Park Management issue. Mayor Love arrived at 7:04 P.M. 2. REVIEW AND DISCUSS MINNETONKA COMMUNITY EDUCATION SERVICES RECREATION & PARK PLANNING Chair Arnst began by sharing a few years of MCES history. In her experience, the first inclination of future issues with MCES arose in the summer of 1997 when it was noticed that parking was a problem at Freeman Park. With this new knowledge the Park Commission asked MCES. to schedule games farther apart to avoid overlap. Again in 1998 the City had similar problems, so the City Administrator went directly to the sports organizations to get the games scheduled farther apart. In 1999, letters were sent out to sports organizations and MCES early on requesting fifteen-minute spacing between games. 1999 saw better success. Once again, in 2000 and 2001, the parking issues got out of control. While the City has asked for Police enforcement, it has been difficult to get. Over the past five years, increased pressure put on the facilities by increased numbers of users and demands of those users has also had a dramatic effect. For example, Little League has wanted to add an additional field by using the adjacent softball fields, ;=ft~G JOINT MEETING OF THE PARK COMMISSION AND CITY COUNCIL TUESDAY, DECEMBER 11, 2001 Page 2 of 10 soccer has asked for the fields to be redressed, girls softball has come onto the scene asking for more field time, and this year we've received a request from Southwest Christian Academy to use our soccer fields in the fall. That's a total of seven different organizations that were in our parks this year. In addition, Chair Arnst noted that this year we've implemented the user fee, which requires dedicated staff time and attention, and we have opened Eddy Station. Although there is no concessionaire at Eddy Station yet, we would like one, which will also require additional staff commitment and oversight. Finally, Chair Arnst cited a collection of other matters that have happened this summer, ranging from outhouse impoundment to dugouts being built without permits. Lastly, she added that the Park Commission has focused a great deal of attention on MCES as it relates to the scheduling. The Commission learned that MCES was not doing what they thought they had been doing over the course of the year in the way of scheduling and communicating with the City and user organizations. Through a series of meetings this summer, it was apparent that the expectations that the City viewed as contracted responsibilities did not align with the expectations of MCES. The City also learned that MCES will not do this to the level it is asking for without a considerably higher annual . commitment, and in fact, there have been internal discussions at MCES whether it will continue doing the scheduling at all. In an effort to come to a mutual understanding, MCES provided a proposal for the tasks that they could provide. Currently, however, the MCES staff person who performs the field management and scheduling for Shorewood has been cut from full time to a three-quarter-time position. In summary, Chair Arnst noted that the Park System ranks 4th in the City's expenditures. Parks need management, they need Council's attention and commitment to restoring balance to them for all users. With that, Chair Arnst turned the floor over to Mark Koegler to share the status of the Freeman Park field inventory and parking study. Freeman Park Field Inventory and Parking Study - Mr. Koegler of Hoisington Koegler. Mr. Koegler reported that representatives of Hoisington Koegler are in the process of examining the facilities that are there, the parking associated with that, the kinds of activities that take place, the . scheduling, and the time overlaps in order to see really what Freeman Park can sustain. What level of activity on a nightly basis, or specifically the peak periods that occur, can the park handle? He indicated that Hoisington Koegler is targeting more of the normal community use of the park, not necessarily the tournaments which can tip the scales. One of the other things they are looking at is balance. He indicated they hope to come back to present their report to the Commission in January. Mr. Koegler referred to the issue, as Chair Arnst pointed out, that the park serves a wide number and variety of users. This, in turn, literally forces athletic events to occur nightly throughout the peak season, thereby excluding a percentage of the population who might not play soccer or baseball but would like to do something else. So far, part of the research they have conducted has been inventorying what other communities have been doing, which has been scattered all across the board. Koegler shared that the majority, though, seem to operate similarly to the Freeman Park scenario, with little separation between games. He pointed out, however, that there are some communities that could possibly be held up as models. The City of Minnetonka has instituted a fifteen-minute gap between scheduled events. While Hoisington Koegler will not get into the nitty-gritty of whether MCES is the right party ultimately to be involved in the administration and scheduling of the parks, they will look at it from an objective perspective to determine what this park can sustain. The question then to the City is whether they go back to MCES, share the results of the study, ask them if they will move closer to the needed level of service, JOINT MEETING OF THE PARK COMMISSION AND CITY COUNCIL TUESDAY, DECEMBER 11, 2001 Page 3 of 10 or do you look at other alternatives, using this study as a tool to achieve the City's goals. The analysis will continue and Mr. Koegler will return in January to present his findings to the Commission. City Council and Park Commission Discussion and Questions Mayor Love asked whether the Park Commission has taken a stand as a board about the problems at Freeman Park. Chair Arnst indicated that up until now they have been in the discovery phase. . Koegler added that the work that Hoisington Koegler has performed thus far has not been either constrained or guided by any directives from the City Councilor Park Commission. They have simply been trying to look at Freeman Park as a collection of certain facilities, with a certain amount of acreage, a certain amount of parking, and how this all fits together. Mayor Love asked to clarify if the study will give the City the tools to measure what the potential goals could be, whether we are over or under capacity in some areas, etc. Koegler indicated that the research they have done to date has involved some interviews with staff, for measured and anecdotal information. Frequently,. staff knows the parking habits of users at peak times and these insights all add value to the study. Koegler believed that the least that may come out of this analysis for the City is a pathway of how to manage the park. They will have a grasp on what impact all of these activities have on the park, what the facility can handle now and options of how to alter it to achieve the goals. The study could become a tool for further dialogue internally, preceding definitive dialogue the City may have with MCES regarding the scheduling. Meyer asked how long the process would take. Koegler indicated they only recently started the process and they will be back to present their results to the Park Commission on January 8, 2002. Young inquired whether Hoisington Koegler plans to interview any of the user groups. Koegler said they have not done so. He maintained that the material capacity of the park should not be influenced by the user groups. . Mayor Love asked whether there were problems at the other parks. Chair Arnst noted that due to the relationship with the Church nearby, Cathcart's parking issues have been avoided. Callies wondered what other parks MCES schedules. Chair Arnst specified Manor, Cathcart, Freeman, and Badger. Bix commented that the trends show that disproportionate field usage issues exist, and smaller groups are entitled to more time and use of the fields than they receive. Mayor Love questioned to the extent that MCES is aware of our issues. While he was unsure of what the consensus of the Commission was, or what the solutions are, he asked Administrator Dawson to share his views. Administrator Dawson stated that from discussions held with MCES, they had felt they were meeting expectations and weren't aware that was untrue. They essentially felt they were doing the job they had always been hired to do, and had had no feedback to the contrary until recently. Dawson indicated that dialogue had been started to share with MCES what the City's expectations are. MCES has said that they do offer added-value services to other cities currently. Dawson believed that while MCES has always offered the same block scheduling, over the years differing expectations have emerged from each group. After those discussions, neither the City nor MCES has offered a formal proposal for review. He indicated that he has informally presented a list of the issues and expectations from the City. Puzak added that the City has even gone so far as to offer to purchase scheduling software for MCES. JOINT MEETING OF THE PARK COMMISSION AND CITY COUNCIL TUESDAY, DECEMBER 11, 2001 Page 4 of 10 However, as they started further negotiations on this matter, staffing issues emerged at MCES, which has caused them to back off of scheduling altogether. Commissioner Dallman.arrived at 7:24 P.M. Dawson maintained that the level of administrative support that MCES was willing to provide did not meet the expectation of the City. The City anticipated MCES would act as a Park and Recreation Coordinator; however, this is outside the level of service provided by MCES, especially due to cutbacks at MCES. Zerby stated that it seemed to him that our parks are reaching their capacity and that some tough policy decisions ate going to need to be made, He indicated that with more users coming at us, we may need to turn some people away if we can't fine tune the usage. While he was unclear whether efficiencies were being lost, Zerby noted that there are more demands on the park than ever before. Mayor Love recognized that the capacity seems to nearly be being reached; however, he questioned whether we know who is specifically not being served by the parks. Mayor Love asked Mr. Koegler if . studies exist to support that girls sports, the handicapped, or other areas are not being served right now. Koegler indicated that those questions are not a part of the study they are charged with currently. Chair Arnst pointed out that the only way we know who is not being served is when they come to us. She clarified that in the last meeting with MCES, they did offer an outline indicating that for no additional fee they would serve as mediator between us and the sports organizations to resolve any differences we may have. For an additional fee, MCES offered to provide us with the services that we thought we had been getting all along, rather than continuing to provide us with the block scheduling. She maintained that MCES has not stepped up to the plate to offer any additional services and, has in fact, objected to the level of "micro-scheduling" (MCES's term) that the City has asked for. Dawson added that they did not offer any dollar amount in order to provide that service either. Mayor Love asked where the park scheduling falls. Chair Arnst indicated that in her opinion it all falls under the umbrella of Park Management and she did not view MCES going down that road. Meyer reminded everyone that we have a limited plot of land and questioned whether it is being divided up into more spots than it should be. Chair Arnst agreed and stated that this will be addressed by the . Koegler study. Meyer asserted that MCES has no idea of what or how many games are being played on a piece of land at any given time. Brown concurred, adding that Tonka United Soccer Association (TUSA) every year divides the fields up, which has brought about some liability issues. There is concern over the use of green space that they insist on utilizing outside of the designated fields. In reference to tournaments, TUSA has gone so far as dividing the fields up into 13 fields. Even though the City has stated their objections to this use in the past, they continue to do so. Callies stated that she viewed the study that Hoisington Koegler is doing as a very important ingredient for us in determining what the parks can handle; however, she viewed the MCES issue as somewhat of a separate matter. She maintained that the basic information that will be obtained from the study will help nevertheless to plan with MCES. Callies agreed with Chair Arnst that what the parks are begging for is park management under a parks and recreation director. More is needed than what is being provided by the limited staff person of three-quarter time at MCES sitting at a computer blocking nights without any real coordination of these events. She asked what the point of their service was, if they do not know how many people are using the fields, smaller organizations are being left out, and coordination and communication are lacking. Puzak pointed out that MCES does have the capability of scheduling to the field level, such as fields 1, 2, JOINT MEETING OF THE PARK COMMISSION AND CITY COUNCIL TUESDAY, DECEMBER 11, 2001 Page 5 of 10 or 3. He maintained that is done where we have identifiable space; for instance, Little League has the original Freeman Park which is pretty ingrained in tradition, construction, and the fact that they have helped to build and maintain it. He argued that MCES does assign specific organizations to specific fields. Where some of the trouble comes from is that the City has not chalked out specific fields for soccer. He said that Tonka United Soccer, for instance, was more or less given the 10 acres at Freeman to divide as they like, which they have divided typically into 3-8 fields. He viewed resolution of this problem to be chalking the fields ourselves marking them in such a way that they cannot play more than three or four fields. Callies asked who is the "ourselves" he refers to, what staff person is going to be there. Puzak noted that question has yet to be resolved. . Brown commented that he has been involved in 30 to 40 conversations regarding field space of what they are to use and not to use with everyone from MCES down to coaches. He pointed out that this is part of the management issue with MCES. It became apparent that the City would say one thing to MCES and the coaches would say that they never heard it. Brown said that it got to the point that they were saying the same thing to both MCES and every coach they met up with. Brown indicated that no sooner would they tell coaches not to play in a certain area, they would find the teams over there anyway. He also recognized that at those times, although he would like to shut down the whole program, it would not be constructive. Mayor Love asked if this issue lent itself more to the enforcement problem they have at the parks. Brown indicated that almost certainly the largest problem that exists is the overlap of games back-to-back, which in turn causes the parking issues. The police recognize that these problems exist during overlap and literally throw up their arms on the enforcement issue and don't want to deal with it. Brown maintained that, hopefully, if the City can get its arms around the management issues of the park, that will relieve the police of having to deal with and enforce the parking overlap issues. . Turgeon referred to the comment made earlier by Commissioner Puzak, that the Little League teams feel they own the fields. She believed that the block scheduling lends to this possessiveness by giving them blocks whether they are utilizing the fields or not. We may need to get creative in order to get multiple uses out of fields that are sitting unutilized. The parks represent an asset to the City which represents 6% of the budget, we have no control over its use, and we are relying on an agency that is unsure of whether or not it wants to provide this service at an additional cost or not, because it is in a state of flux internally. She questioned the logic that we, as a City, are willing to take $200,000 of Shorewood's money and give management of it to an organization who is internally in a state of flux and say, here, handle this asset for us. That logic gives the City no control over how the fields are being used, who's using them, to what extent their being used; but the City's paying the damages that occur and we are relying on staff to confiscate toilets etc. She questioned what sense it made to be relying on an agency to handle this much of the City's money and we have no say so, we're not being heard, we have no input into the decisions that are being made, as to who even gets to use the fields. For instance, girls softball has submitted a request letter with little success, she pointed out, that is not east or west softball but all inclusive to all Minnetonka girls, and only plays at Bennett Field. Mayor Love stated that he clearly agreed that these issues need to be addressed. However, he found difficulty knowing that, prior to eighteen months ago, this was not an issue he had heard about before. He still believed no formal process had been followed yet. While he agreed that hiring someone might be a good idea, he was hesitant due to the fact that the City is in joint powers agreements for police and fire, trying to work out issues with its public works department, and that no one City alone offers the critical mass to accommodate a parks position. He maintained that other cities like Excelsior, Tonka Bay and Deephaven have parks which, although do not carry the same scheduling problems, someday may want to JOINT MEETING OF THE PARK COMMISSION AND CITY COUNCIL TUESDAY, DECEMBER 11, 2001 Page 6 of 10 form alliances with Shorewood to hire an individual to cover broader park issues. He questioned how we are serving the general area with these regional parks. Lizee agreed that the problem is a regional one; however, she believed also that putting the importance of building these alliances before we figure out management is putting it in the wrong order. She stated that we have seen that the park uses have grown beyond what MCES is capable of taking care of and they are not willing to do it, even after we offered to provide the software to make it easier. She maintained that we need to take back ownership of our parks, figure out the scheduling, get some software, and contact people or a business able to help us. She'd like to show that the City can get some order back to the parks, get some recognition, take care of things, schedule things, so the parks serve the majority of the public. All of these goals will eventually lead to other communities sharing in and getting into a partnership with us down the road. She didn't believe that forming partnerships first was a necessary step to regaining control themselves. The Mayor stated that, while he valued Lizee's point, the way he would approach the issue would be to identify the problem in the community as a whole and build partnerships from there. Lizee maintained that while partnerships in concept are wonderful and necessary, there is a central lack of communication and anything else between the City and roSA, for example. Both the City and roSA communicate via MCES, who doesn't seem to know anything. She believed the partnerships Mayor Love referred to could be built down the road. . Callies concurred with both the Mayor and Lizee that the relationship with MCES is not working and that it is not performing the job the City wants. She added, however, that it is a bigger issue, the parks are used by many people regionally. Callies said that it sounds to her as if this problem calls for a neutral someone to control the parks, a person in the capacity of a park and recreation director. Bix asked whether it was possible to try for a collaboration with the organizations. She wondered if a joint effort between the groups, or a task force, could sit down and negotiate the usage. Mayor Love stated that everyone is in agreement that there is a problem, but not everyone agrees on what the problem is, and the solution better have a long-term effect. In regard to Freeman, the problem has evolved over the past twenty years, and none of us seems to have a full picture of what seems to be . involved here. Chair Arnst was dismayed that Mayor Love's comment that no one seems to have a full picture of the problem was coming from one of the bodies charged with overseeing the parks. The Mayor agreed that the City ought to get a full picture, but questioned where the process had been to do so. Chair Arnst maintained that this joint work session was an effort to develop part of that formal process tonight. She continued that she is hearing that there is simply not just one particular problem but many different facets to the problem. She added that, until she feels confident that the Park Commission has the authority to move forward and that it will see change if it comes up with recommendations, the issues won't move forward. She maintained that the Commission needs to have buy-in from the Council and would like to hear their thoughts this evening. Puzak agreed that the issues were multi-faceted. He stated while Mr. Koegler can answer the "how many" question, and once the Highway 7 access is closed more parking will be available, we need to address the "who". He wondered how the City could give others the opportunity to get their foot in the door. Steeped in tradition, the who in field usage needs to be revisited. Mayor Love shared that, based on communication with other cities, there is not much sympathy on the JOINT MEETING OF THE PARK COMMISSION AND CITY COUNCIL TUESDAY, DECEMBER 11, 2001 Page 7 of 10 impact of field use in the community. On the other hand, the issue of "who" is being served garners much interest. This, in addition to the user fee, generates a great deal of interest from other communities. The user fee itself may be an avenue to further explore as an opportunity for funding the staff to look after the parks. Puzak voiced his concern over hiring someone and spending more money seeing the state of the economy now. He was nervous to see the City get into committing roughly $15,000 for a part-time person or $33,000 for a full-time person to manage parking at this point. He felt a balance needed to be achieved between what the magnitude of the problem is and how much money the City is willing to invest in order to make it go away. Chair Arnst pointed out that there would be much more to the added staff position than Puzak's perception, including management of rink attendants, scheduling, managing concessions at Eddy Station, field use issues, etc. To this, Puzak stated his support for a self-funding position. . Turgeon and Lizee both maintained that a back-up plan is necessary to have in place in case MCES does not step up to the table to offer the services any longer. Lizee stated that while she sees that Puzak's dilemma could be something the City faces down the road, what we are looking at first of all, is that scheduling begins January 1st. That's when everyone signs up, whether it be soccer, baseball, or softball. That is when MCES begins to spin out scheduling. Lizee continued that what we are seeing from MCES is that they've cut their administrative person back to three-quarter-time, they've indicated they may not be really interested in doing that anymore - we might be interested in doing it if you give us more money, but we really can't tell you now if we're really interested at all. There is a problem here. She added that we've offered to buy the software program, an investment that MCES was not interested in. At this point, to start out, she maintained that the City does not need to hire a Park Director or Coordinator at $15,000-$30,0000, but simply we need someone that has a computer or a service that can run lists and put this program to work. . Zerby suggested starting out once again with a wish list of what we want and find the best way to achieve it. Start a bidding process with MCES and others to determine if MCES is the best person at the right price or is Option A hiring an internal person a better alternative. He felt people were bashing MCES saying they could not do the job. To which, Lizee and Turgeon replied, it was MCES itself who said they couldn't do the job or perhaps even want the job. Zerby then added that the job needs to be further defmed. Lizee stated that the Park Commission has been talking about these issues and has come to the Council for some direction. Over the past six months or more they have had meetings with MCES who has not been receptive to any of the changes or input. Zerby maintained that the job still needs to be defined whether we hire someone or not. Garfunkel agreed with Zerby, stating that he has not seen any formal written direction. Mayor Love indicated that he had not attended any formal meetings with MCES and questioned whether any formal directives had been presented by the Park Commission at any of the meetings they'd had. Chair Arnst pointed out that they had met three times at City Hall with MCES, with other Mayors, and City Administrator Dawson. Mayor Love questioned what directive they took to the meeting from their board. Chair Arnst said that they first attended the meeting with Administrator Dawson to hear what MCES defined their role to be and we defined what we wanted them to do for us. She maintained that these meetings are how they learned the information they have now. The meetings did not proceed, and Chair Arnst said the Commission did not give MCES any further direction. Meyer added that the JOINT MEETING OF THE PARK COMMISSION AND CITY COUNCIL TUESDAY, DECEMBER 11, 2001 Page 8 of 10 Chanhassen Park Coordinator was present at one of the meetings to help define the problem and work through it. Mayor Love stated that he had been involved in many of the informal conversations and gained a great deal of information from the meetings. They learned that the joint powers agreement with MCES is really non-existent, it was discovered that there has been a problem with communication, among other issues brought up this evening. Mayor Love agreed with Zerby that identifying the problem so that we can have a meaningful long-term solution is necessary. He did urge caution over hiring an individual whose burden of cost will be a great deal more than the $15 - 30,000 mentioned. Lizee pointed out that those costs are projected out into the future and that what really is being addressed tonight is to talk with the Park Commission who is interested in putting together, with input from the Council, some policies that they have been asking for from the Council for several months. She noted that the Park Commission has asked for individual input from Council Members and staff via e-mail and it is necessary to respond to that tonight with direction or solutions. She stated that the $15-$30,000 fee for hiring someone is not what's being discussed tonight, they are not at that stage. Lizee stated that what is necessary this evening to discuss is how to regain control and start managing the resources we have. . Mayor Love asked what staff input had been. Brown indicated that there has been informal input through the MCES meetings with the Park Commission present and that these issues have been brought up at Park Commission meetings over the past six months. Mayor Love stated that while everyone has interest in seeing if there can be long-term solution, a self- funding solution would be great, but we have no short-term solution. He asked if the City would prefer to simply give more guidance to MCES, or try to do extra services on its own through out sourcing, and if so, is there money to do that. Garfunkel upheld the need to address the policy issues. He stated that the requirements are yet to be defmed, even though we've identified the parking problem, a field usage problem, etc. There is a policy issue over whether we are going to allow organizations to run our fields for us, whether someone else will, or we ourselves will. Puzak agreed that clear definition of the issues needs to exist before solutions can be addressed. He went . on to say that, currently, it seems MCES is the only act in town, and do we try to lead them through the process that is unique to Shorewood or go elsewhere. Mr. Koegler added that getting your arms around the whole issue or all of the issues is very difficult. Callies asked if there were other communities that have similar policies in place that we could use as an example in addressing our questions. Turgeon stated that Mark Themig would be a good person to speak to and gain input about what exists or what is out there. She cautioned the Council and Commission that MCES does not seem to be an eager player in this game. Turgeon encouraged the Commission to find out MCES's willingness to provide services, then put that together with the Koegler capacity study. She voiced her concern that the City has created a problem for itself by postponing getting this thing going and now we're getting to a crunch time again with all these sports teams coming to us in the spring and we will not have any control, or policy, or standards in place. She strongly urged the group to determine tonight what is the first step and what needs to be done. Zerby asked the Park Commission to determine what it wants first, compare it to the Koegler study, and . JOINT MEETING OF THE PARK. COMMISSION AND CITY COUNCIL TUESDAY, DECEMBER 11, 2001 Page 9 of 10 .. then give Council an opportunity to find the best way to get it done. He felt the Council was committed to solving the problem but it needs to know what it is that the Park Commission wants. He sees that the parks are being well used, but not everyone is getting access, which to him is a policy issue. The capacity issue will be addressed by the Hoisington Koegler study. Mayor Love asked if the Park Commission has formally asked the Council not to use MCES. Chair Arnst indicated no. He then asked for staff input. Brown pointed out that MCES should be more than a once a year calendar administrator. He identified many areas interwoven with the position mentioned, including enforcement, lack of authority, cooperative or joint rink attendant supervision, the management of fields, attendants, and Eddy Station, and finally, the level of time and energy spent by staff on these issues has been exhaustive. . Meyer believed it was important to regain control of the parks to ensure that the people using the fields realize that they do not own them; that instead, they are privileged to use them. She went on to encourage the use of someone checking to ensure the policies are being enforced. Mayor Love asked if there was a record of teams who had not paid their user fees last year, and if so, policy should warrant they not be granted or scheduled use of th~ fields the next time around. Chair Arnst asked if there was any short-term action suggested by the Council. Callies pointed out that we've been down the road with MCES before and asked if it was really necessary to do more fact gathering. Mr. Koegler suggested, due to time constraints, a short-term fix guiding MCES through the 2002 season on a limited basis, while determining what steps or direction to take for the long term. Chair Arnst asked that both short-and long-term discussion be added to the January agenda. Brown encouraged the Park Commission to take more action in 2002 by meeting with the leaders of the sports organizations and informing them of the City's base expectations. . Mayor Love asked if there was a consensus to direct staff to gather the basic rules, along with a letter that invites the coaches and organizations to a meeting making them aware of the City's base expectations. He suggested letting them know that at this meeting the City of Shorewood will be taking a serious look at policy, overall issues, and would like them to be a part of this dialogue to come up with solutions. Turgeon. suggested this meeting take place prior to March or as soon as the coaches have their team rosters. Meyer suggested that the City conduct the meeting, rather than MCES, in order to relay our message. Chair Arnst asked staff to compile a list of potential policies/rules and contact MCES to find out what they will do this year for athletic scheduling in order to move the process forward. 3. ADJOURN Chair Arnst closed the meeting at 8:35 P.M. RESPECTFULLYSUBNllTTED, Kristi B. Anderson RECORDING SECRETARY JOINT MEETING OF THE PARK COMMISSION AND CITY COUNCIL TUESDAY, DECEMBER 11,2001 Page 10 of 10 . , . Woody Love, Mayor Craig W. Dawson, City Administrator . . CITY OF SHOREWOOD CITY COUNCIL SPECIAL MEETING MONDAY, JANUARY 7, 2002 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 6:00 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING -~ n A \,--," , lJi \'.h h~ rft f ~ Mayor Love convened the meeting at 6:00 P.M. A. Roll Call Present: Mayor Love; Councilmembers Garfunkel, Lizee, Turgeon and Zerby; Administrator Dawson; Finance Director Burton Absent: None . B. Review Agenda Mayor Love reviewed the Agenda for this evening. There were no changes noted from Councilor Staff. Zerby moved, Turgeon seconded, approving the Agenda as presented. Motion passed 5/0. 2. APPROVAL OF THE VERIFIED CLAIMS LIST Zerby moved, Garfunkel seconded, approving the Verified Claims List. Motion passed 5/0. 3. BUILDING CODE AMENDMENT - TEMPORARY BUILDINGS . Administrator Dawson explained currently no provision existed in the City Code's Building Code for temporary structures, such as the one being requested by Mr. Robin Roberts of Bayside Bank, who was in attendance this evening. He explained the bank had recently suffered a fire and was requesting temporary use of a mobile bank facility for up to six months while the bank building was under repair. As a result, a draft amendment had been prepared for Council consideration, allowing for such use, only in the cases of fire, flood, or other disaster. He also noted this amendment was not intended or recommended for simple remodeling jobs or renovation projects. Mayor Love stated he was saddened by the fire, and was glad the bank had a temporary structure allowing for continued local use of the bank facilities. He wished Mr. Roberts and the bank good luck in the future. Mr. Roberts thanked Planning Director Nielsen, Administrator Dawson, and City staff for working expeditiously in this matter. He also noted the excellent assistance of the local police and fire departments in dealing with the fire. He also thanked Council for considering the use of the temporary structure next door to the original bank this evening. Mayor Love stated he was quite proud of the police and fire services offered to residents in this area, and noted the expertise of these departments to be quite thorough. #,:2D CITY COUNCIL SPECIAL MEETING MINUTES January 14, 2002 Page 2 of2 Garfunkel moved, Lizee seconded, Adopting ORDINANCE NO. 376, "An Ordinance Establishing the Use of Temporary Structures as part of the City Building Code," with approval being granted by the City Zoning Administrator for such temporary structure. Motion passed 5/0. 4. APPOINTMENTS TO THE MINNEHAHA CREEK WATERSHED DISTRICT Administrator Dawson explained the Council was being asked to consider resolutions of support regarding appointments to the Minnehaha Creek Watershed District (MCWD) Board of Managers. He noted names of residents had been submitted for consideration of these positions. Lizee moved, Zerby seconded, Adopting RESOLUTION NO. 02-001, "A Resolution Supporting the Appointment of Pamela Blixt to theMCWD Board of Managers." Motion passed 5/0. Zerby moved, Lizee seconded, Adopting RESOLUTION NO. 02-002, "A Resolution Supporting the Appointment of Tom Skramstad to the MCWD Board of Managers." Motion passed 5/0. 5. ADJOURN . Lizee moved, Turgeon seconded, adjourning the City Council Special Meeting of January 7, 2002, at 6:08 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Sally Keefe, Recording Secretary Woody Love, Mayor Craig W. Dawson, City Administrator . " PAYABLES APPROVALS For 1/14/02 Council Meeting . Prepared by: a.r/i;J/t41~f< CljlJ~ Catherine EIke, Sr. Accountant Reviewed by: ~~ Bonnie Burton, Fi ance Director Date: 1-- /0-0;), Date: ;/o/t;z.. Approved by: Date: () /-, 0 ,0 z.- Crai awson, City Administrator . 3A .. Check Approval Listfor 1/14/02 Council Meeting Check # Vender Name Description Check Date Invoice # Amount ..' 31951 ADVANCED IMAGING S MONTHLY CONTRACT 1/8/02 005930 $150.00 TOTAL FOR ADVANCED IMAGING SOLUTIONS INC $150.00 31952 AFSCME COUNCIL 14 JAN UNION DENTAL PREM 1/8/02 $261.59 TOTAL FOR AFSCME COUNCIL 14 $261.59 31953 ANDERSON, JEAN REF PERMIT FEE-5380 SHADY HILL 1/8/02 . $2.80 31953 ANDERSON, JEAN REF PERMIT FEE-5380 SHADY HILL 1/8/02 $112.00 TOTAL FOR ANDERSON, JEAN $114.80 31954 BROWNING FERRIS IN JAN SVC 1/8/02 12001-0200 $50.24 TOTAL FOR BROWNING FERRIS IND. $50.24 31955 CATCO PARTS AND SE PW PARTS 1/8/02 743591 $105.20 TOTAL FOR CATCO PARTS AND SERVICE $105.20 31956 ELKE, CATHERINE DEC MILEAGE TO PO/BANK 1/8/02 $21.74 TOTAL FOR ELIm, CATHERINE $21.74 31957 G & K SERVICES PW UNIFORMS 1/8/02 123101 STM $491.53 TOTAL FOR G & K SERVICES $491.53 31958 HERMEL WHOLESALE 1/8102 329744 $254.08 . 31958 HERMEL WHOLESALE 1/8/02 329745 $19.16 31958 HERMEL WHOLESALE 1/8/02 329745 $166.74 TOTAL FOR HERMEL WHOLESALE $439.98 31959 ICMA RETIREMENT TR 12/31/01 PAYROLL DEDUCTIONS 1/8/02 $1,268.67 TOTAL FOR ICMA RETIREMENT TRUST-457 $1,268.67 31960 JOHNSON BROS L10U 1/8/02 1334839 $68.60 31960 JOHNSON BROS L10U 1/8/02 180035 ($19.95) TOTAL FOR JOHNSON BROS LIQUOR CO. $48.65 31961 LADEN'S BUSINESS MA SVC AGREEMENT-FOLDING MACHI 1/8/02 2846 $205.00 TOTAL FOR IADEN'S BUSINESS MACHINES $205.00 31962 LAKE MTKA COMMUNI 11/26/01 COUNCIL MTG TAPE 1/8/02 $15.00 TOTAL FOR IAKE MTKA COMMUNICATIONS COMMI $15.00 31963 MASON, BRADLEY SAFETY BOOTS 1/8/02 $50.05 TOTAL FOR MASON, BR,WLEY $50.05 31964 MIDWEST COCA-COLA 1/8/02 63277196 $166.40 . TOTAL FOR MIDWEST COCA-COIA BOTTLIN $166.40 31965 MN CHILD SUPPORT P CHILD SUPPORT - C SCHMID 1/8/02 $173.51 TOTAL FOR MN CHILD SUPPORT PMI' CTR $173.51 31966 MN SUN PUBLICATION LAKE FELLOWSHIP 1/8/02 476532 $57.20 31966 MN SUN PUBLICATION CUP - RUSS HAGEN 1/8/02 476533 $50.05 31966 MN SUN PUBLICATION REDRAFT ZONING CODE 1/8/02 476536 $39.32 31966 MN SUN PUBLICATION AMEND COMP PLAN 1/8/02 476538 $46.47 TOTAL FOR MN SUN PUBLICATIONS $193.04 31967 NEXTEL COMMUNICATI 1/8/02 121901 STM $70.62 TOTAL FOR NEXTEL COMMUNICA TIONS $70.62 31968 NORTH STAR ICE 1/8/02 31136501 $28.80 31968 NORTH STAR ICE 1/8/02 31136502 $19.20 31968 NORTH STAR ICE 1/8/02 55135805 $55.20 31968 NORTH STAR ICE 1/8/02 55200205 $110.40 31968 NORTH STAR ICE 1/8/02 55200206 $29.92 TOTAL FOR NORTH STAR ICE $243.52 31969 PERA 12/31/01 PAYROLL 1/8/02 $1,912.04 Check # Vender Name Description Check Date Invoice # Amount 31969 PERA 12/31/01 PAYROLL 1/8/02 $2,085.18 TOTAL FOR PERA $3,997.22 31970 QUALITY WINE & SPIRI 1/8/02 071526-00 $2.37 31970 QUALITY WINE & SPIRI 1/8/02 073989-00 $71.35 31970 QUALITY WINE & SPIRI 1/8/02 073989-00 $1,092.04 31970 QUALITY WINE & SPIRI 1/8/02 073991-00 $71.35 31970 QUALITY WINE & SPIRI 1/8/02 073991-00 $3,950.63 31970 QUALITY WINE & SPIRI 1/8/02 074004-00 $163.61 31970 QUALITY WINE & SPIRI 1/8/02 074006-00 $43.69 31970 QUALITY WINE & SPIRI 1/8/02 074009-00 $206.25 31970 QUALITY WINE & SPIRI 1/8/02 074455-00 $7.70 31970 QUALITY WINE & SPIRI 1/8/02 074458-00 $37.68 31970 QUALITY WINE & SPIRI 1/8/02 076246-00 $89.21 31970 QUALITY WINE & SPIRI 1/8/02 076246-00 $1,107.86 31970 QUALITY WINE & SPIRI 1/8/02 076373-00 $356.87 31970 QUALITY WINE & SPIRI 1/8/02 076373-00 $1,336.15 31970 QUALITY WINE & SPIRI 1/8/02 076374-00 $536.25 31970 QUALITY WINE & SPIRI 1/8/02 076374-00 $2,283.47 31970 QUALITY WINE & SPIRI 1/8/02 076375-00 $194.04 . 31970 QUALITY WINE & SPIRI 1/8/02 076478-00 $221.90 TOTAL FOR QUAUTY WIN,E & SPIRITS CO $11,772.42 31971 QUEST 1/8/02 $42.72 31971 QUEST 1/8/02 $89.77 31971 QUEST 1/8/02 $43.94 TOTAL FOR QUEST $176.43 31972 SHOREWOOD TRUE V 1/8/02 46167 $2.97 TOTALFOR SHORE WOOD TRUE VALUE $2.97 31973 SO LK MTKA POLICE D SPEC DETAIL-SEPT BIKE PATROL 1/8/02 $211.79 TOTAL FOR SO LK MTKA POUCE DEPT $211.79 31974 SPEEDWAY SUPERAM 1/8/02 122601 STM $42.09 TOTAL FOR SPEEDWAY SUPERAMERICA $42.09 31975 SUN PATRIOT NEWSP LAKE FELLOWSHIP 1/8/02 881 $35.82 31975 SUN PATRIOT NEWSP HAGEN CUP 1/8/02 882 $31.84 31975 SUN PATRIOT NEWSP REDRAFT ZONING CODE 1/8/02 883 $23.88 . 31975 SUN PATRIOT NEWSP AMEND COMP PLAN 1/8/02 884 $29.85 TOTAL FOR SUN PATRIOT NEWSPAPERS INC $121.39 31976 SWANDBY, DONALD DEC CELUMILEAGE EXPENSES 1/8/02 $13.32 31976 SWANDBY, DONALD DEC CELUMILEAGE EXPENSES 1/8/02 $27.98 31976 SWANDBY, DONALD DEC CELUMILEAGE EXPENSES 1/8/02 $27.98 31976 SWANDBY, DONALD DEC CELUMILEAGE EXPENSES 1/8/02 $13.32 31976 SWANDBY, DONALD DEC CELUMILEAGE EXPENSES 1/8/02 $13.31 31976 SWANDBY, DONALD DEC CELUMILEAGE EXPENSES 1/8/02 $27.98 TOTAL FOR SWANDBY, DONAW $123.89 31977 TONKA BAY-CITY OF JAN RENT 1/8/02 $1,175.00 TOTAL FOR TONKA BAY-CITY OF $1,175.00 31978 TOWLE REAL ESTATE JAN RENT 1/8/02 $4,659.19 TOTAL FOR TOWLE REAL ESTATE COMPANY $4,659.19 31979 US POSTMASTER PSTG 4TH QTR UTILITY BILLS 1/8/02 $215.39 31979 US POSTMASTER PSTG 4TH QTR UTILITY BILLS 1/8/02 $323.09 TOTAL FOR US POSTMASTER $538.48 31980 VERIZON DIRECTORIE 1/8/02 $19.50 31980 VERIZON DIRECTORIE 1/8/02 $19.50 Check # Vender Name Description Check Date Invoice # Amount TOTAL FOR VERIZON DIRECTORIES CORP $39.00 31981 VERIZON WIRELESS, B 1/8/02 121801 $46.38 TOTAL FOR VERIZON WIRELESS, BELLE VUE $46.38 31982 WACONIA FARM SUPP RINK SHOVELS 1/8/02 11735 $95.76 TOTAL FOR WACONIA FARM SUPPLY $95.76 31983 WATERFORD CENTER JAN RENT 1/8102 0102F $7,527.33 TOTAL FOR WATERFORD CENTER $7,527.33 31984 WINE SPECTATOR 2002 SUBSCRIPTION 1/8/02 $45.00 TOTAL FOR WINE SPECTATOR $45.00 31985 ANCHOR PAPER COMP COPIER/NEWSLETTER PAPER 1/15/02 135822501 $500.79 TOTAL FOR ANCHOR PAPER COMPANY $500.79 31986 ASSOC. OF METRO MU ANNUAL MEMBERSHIP DUES-2002 1/15/02 282 $2,362.00 TOTAL FOR ASSOC. OF METRO MUNIC $2,362.00 31987 BELLBOY BAR SUPPLY 1/15/02 35014400 $38.90 31987 BELLBOY BAR SUPPLY 1/15/02 35064400 $13.71 31987 BELLBOY BAR SUPPLY 1/15/02 35064500 $41.36 31987 BELLBOY BAR SUPPLY 1/15/02 35066000 ($3.57) TOTAL FOR BELl.BOY BAR SUPPLY $90.40 . 31988 BELLBOY CORPORA TI 1/15/02 22925700 ($67.95) 31988 BELLBOY CORPORATI 1/15/02 22931800 $1,262.64 31988 BELLBOY CORPORATI 1/15/02 22931900 $661.54 31988 BELLBOY CORPORATI 1/15/02 22932000 $1,810.54 TOTAL FOR BELLBOY CORPORATION $3,666.77 31989 BIFFS, INC. RENTALS 1/15/02 W149193-19 $748.60 TOTAL FOR BIFFS, INC. $748.60 31990 DAY DISTRIBUTING 1/15/02 161498 $57.60 31990 DAY DISTRIBUTING 1/15/02 161498 $895.10 31990 DAY DISTRIBUTING 1/15/02 161603 $1,137.20 31990 DAY DISTRIBUTING 1/15/02 161604 $19.20 31990 DAY DISTRIBUTING 1/15/02 161604 $1,283.10 TOTAL FOR DAY DISTRIBUTING $3,392.20 31991 DVS RENEWAL PW VEHICLES TAB RENEWALS 1/15/02 $246.50 TOTAL FOR DVS RENEWAL $246.50 . 31992 EAST SIDE BEVERAGE 1/15/02 183892 $696.60 31992 EAST SIDE BEVERAGE 1/15/02 183893 $179.35 31992 EAST SIDE BEVERAGE 1/15/02 184725 $447.75 31992 EAST SIDE BEVERAGE 1/15/02 184876 $38.00 31992 EAST SIDE BEVERAGE 1/15/02 185677 $284.00 TOTAL FOR EAST SIDE BEVERAGE COMPAN $1,645.70 31993 ELECTION SYSTEMS & VOTING BOOTHS 1/15/02 473656 $591.49 TOTAL FOR ELECTION SYSTEMS & SOFTWA $591.49 31994 EXCELSIOR ACE HARD PARTS FOR CITY WORK TABLE 1/15/02 122701 $10.95 TOTAL FOR EXCELSIOR ACE HARDWARE $10.95 31995 GRIGGS, COOPER & C 1/15/02 484050 $216.70 31995 GRIGGS, COOPER & C 1/15/02 484051 $316.31 31995 GRIGGS, COOPER & C 1/15/02 484053 $693.68 31995 GRIGGS, COOPER & C 1/15/02 484666 $1,478.10 31995 GRIGGS, COOPER & C 1/15/02 484668 $800.27 31995 GRIGGS, COOPER & C 1/15/02 484671 $613.62 31995 GRIGGS, COOPER & C 1/15/02 577753 ($26.33) 31995 GRIGGS, COOPER & C 1/15/02 578131 ($97.20) Check # Vender Name Description Check Date Invoice # Amount TOTAL FOR GRIGGS, COOPER & COMPANY $3,995.15 31996 HARD RIVES, INC TH 7/41 PROJECT 1/15/02 $183,150.70 TOTAL FOR HARDRIVES,lNC $183,150.70 31997 HERMEL WHOLESALE 1/15/02 331602 $34.87 31997 HERMEL WHOLESALE 1/15/02 331602 $857.52 TOTAL FOR HERMEL WHOLESALE $892.39 31998 HOPKINS PARTS COM 1/15/02 66364 $27.85 TOTAL FOR HOPKINS PARTS COMPANY $27.85 31999 JOHNSON BROS L1au 1/15/02 1346996 $786.29 31999 JOHNSON BROS L1au 1/15/02 1346997 $33.00 31999 JOHNSON BROS L1au 1/15/02 1346997 $270.88 31999 JOHNSON BROS L1au 1/15/02 1346998 $1,046.56 31999 JOHNSON BROS L1au 1/15/02 1346999 $406.84 31999 JOHNSON BROS L1au 1/15/02 1347005 $12.32 31999 JOHNSON BROS L1au 1/15/02 1347005 $133.75 TOTAL FOR JOHNSON BROS LIQUOR CO. $2,689.64 32000 KAR PRODUCTS PW SUPPLIES 1/15/02 827309 $356.87 TOTAL FOR KAR PRODUCTS $356.87 . 32001 MARK VII 1/15/02 362551 $749.55 32001 MARK VII 1/15/02 362552 $23.70 32001 MARK VII 1/15/02 362553 $1,001.65 32001 MARK VII 1/15/02 362554 $15.20 32001 MARK VII 1/15/02 362555 $38.20 32001 MARK VII 1/15/02 362558 $381.40 TOTAL FOR MARK Vll $2,209.70 32002 MARLIN'S TRUCKING 1/15/02 10288/10318 $41.85 32002 MARLIN'S TRUCKING 1/15/02 10288/10318 $41.85 32002 MARLIN'S TRUCKING 1/15/02 10289/10319 $50.85 32002 MARLIN'S TRUCKING 1/15/02 10289/10319 $50.85 32002 MARLIN'S TRUCKING 1/15/02 10290/10320 $31.95 32002 MARLIN'S TRUCKING 1/15/02 10290/10320 $31.95 TOTAL FOR MARLIN'S TRUCKING $249.30 32003 MCLEOD USA 1/15/02 1079686 $135.78 . 32003 MCLEOD USA 1/15/02 1079686 $135.96 32003 MCLEOD USA 1/15/02 1079686 $99.13 32003 MCLEOD USA 1/15/02 1079686 $97.45 32003 MCLEOD USA 1/15/02 1079686 $90.64 32003 MCLEOD USA 1/15/02 1079686 $45.32 32003 MCLEOD USA 1/15/02 1079686 $99.13 32003 MCLEOD USA 1/15/02 1079686 $472.90 TOTAL FOR MCLEOD USA $1,176.31 32004 MINNCOMM PAGING 1/15/02 52006801022 $8.63 TOTAL FOR MINNCOMM PAGING $8.63 32005 MINNEGASCO 1/15/02 $59.90 32005 MINNEGASCO 1/15/02 $190.12 32005 MINNEGASCO 1/15/02 $141.47 32005 MINNEGASCO 1/15/02 $139.80 32005 MINNEGASCO 1/15/02 $120.71 32005 MINNEGASCO 1/15/02 $103.21 32005 MINNEGASCO 1/15/02 $60.44 32005 MINNEGASCO 1/15/02 $47.72 32005 MINNEGASCO 1/15/02 $330.99 Check # Vender Name Description Check Date Invoice # Amount 32005 MINNEGASCO 1/15/02 $91.96 TOTAL FOR MINNEGASCO $1,286.32 32006 MOUND-CITY OF 1ST aTR 2002 FIRE SVC 1/15/02 1098-1 $2,131.50 TOTAL FOR MOUND-CITY OF $2,131.50 32007 PAWS, CLAWS & HOOV JAN SVCS 1/15/02 $446.24 TOTAL FOR PA WS, CLA WS & HOOVES PET $446.24 32008 PHILLIPS WINE & SPIRI 1/15/02 3252319 ($220.00) 32008 PHILLIPS WINE & SPIRI 1/15/02 3252507 ($82.75) 32008 PHILLIPS WINE & SPIRI 1/15/02 3252508 ($6.20) 32008 PHILLIPS WINE & SPIRI 1/15/02 3252509 ($9.17) 32008 PHILLIPS WINE & SPIRI 1/15/02 791393 $256.49 32008 PHILLIPS WINE & SPIRI 1/15/02 791459 $110.10 32008 PHILLIPS WINE & SPIRI 1/15/02 791459 $257.73 32008 PHILLIPS WINE & SPIRI 1/15/02791460 $270.90 32008 PHILLIPS WINE & SPIRI 1/15/02 791460 $37.00 32008 PHILLIPS WINE & SPIRI 1/15/02 791460 $238.80 32008 PHILLIPS WINE & SPIRI 1/15/02 791461 $70.95 32008 PHILLIPS WINE & SPIRI 1/15/02 791461 $190.40 TOTAL FOR PHILLIPS WINE & SPIRITS $1,114.25 . 32009 POTTS, KENNETH N. DEC 2001 PROSECUTIONS 1/15/02 $1,608.33 TOTAL FOR POTTS, KENNETH N. $1,608.33 32010 RANDALL, DANIEL SAFETY BOOTS 1/15/02 $58.99 TOTAL FOR RANDALL, DANIEL $58.99 32011 RIVER VALLEY AUTO P MISC PW SUPPLIES 1/15/02 972972 $49.57 TOTAL FOR RIVER VALLEY AUTO PARTS $49.57 32012 RUMPCA CO INC BRUSH DISPOSAL - DEC 2001 1/15/02 $396.00 TOTAL FOR RUMPCA CO INC $396.00 32013 SOUTHWEST CONTRA LIFT RENTAL-PARK LIGHTS 1/15/02 151031 $155.26 TOTAL FOR SOUTHWEST CONTRACTORS SUPPLY $155.26 32014 THOMAS & SONS CON PV#4(FINAL) FREEMAN PK WAlSW 1/15/02 $14,221.90 TOTAL FOR THOMAS & SONS CONSTR INC $14,221.90 32015 THORPE DISTRIBUTIN 1/15/02 248322 $23.75 32015 THORPE DISTRIBUTIN 1/15/02 248322 $1,000.60 32015 THORPE DISTRIBUTIN 1/15/02 248455C ($22.40) . 32015 THORPE DISTRIBUTIN 1/15/02 248820 $1,681.95 32015 THORPE DISTRIBUTIN 1/15/02 248820 $22.40 32015 THORPE DISTRIBUTIN 1/15/02 248821 $1,999.45 32015 THORPE DISTRIBUTIN 1/15/02 248821 $47.50 TOTAL FOR THORPE DISTRIBUTING COMPA $4,753.25 32016. TKDA & ASSOCIATES I SVCS FOR LEAK LOCATE/SURVEY 1/15/02 054740 $279.15 TOTAL FOR TKDA & ASSOCIATES INC $279.15 32017 TONKA BAY-CITY OF CRESENT BEACH EXP OCT-DEC 1/15/02 $104.49 TOTAL FOR TONKA BAY-CITY OF $104.49 32018 WASTE MANAGEMENT 1/15/02 0224431-159 $105.26 32018 WASTE MANAGEMENT JAN SVC 1/15/02 0224432-159 $227.70 TOTAL FOR WASTE MANAGEMENT $332.96 32019 WINE MERCHANTS 1/15/02 51285 $88.00 TOTAL FOR WINE MERCHANTS $88.00 32020 WM. MUELLER & SONS 1/15/02 53232 $751.12 TOTAL FOR WM. MUELLER & SONS, INC. $751.12 32021 XCEL ENERGY 1/15/02 0074-000-16 $0.13 Check # Vender Name Description Check Date Invoice # Amollnt 32021 XCEL ENERGY 1/15/02 0191-308-36 $1.28 32021 XCEL ENERGY 1/15/02 0196-307-66 $376.17 32021 XCEL ENERGY 1/15/02 0198-208-36 $426.40 32021 XCEL ENERGY 1/15/02 0234-748-37 $1.41 32021 XCEL ENERGY 1/15/02 0640-202-56 $15.00 32021 XCEL ENERGY 1/15/02 0675-505-16 $1.09 32021 XCEL ENERGY 1/15/02 0942-567-36 $4.01 32021 XCEL ENERGY 1/15/02 1300-208-10 $108.21 32021 XCEL ENERGY 1/15/02 1350-001-36 $8.91 32021 XCEL ENERGY 1/15/02 1351-508-06 $496.36 32021 XCEL ENERGY 1/15/02 1477-205-46 $278.54 32021 XCEL ENERGY 1/15/02 1641-408-36 $4.32 32021 XCEL ENERGY 1/15/02 1692-607-26 $134.14 32021 XCEL ENERGY 1/15/02 1776-835-20 $6.36 32021 XCEL ENERGY 1/15/02 2052-902-66 $13.75 32021 XCEL ENERGY 1/15/02 2164-107-16 $35.07 32021 XCEL ENERGY 1/15/02 2397-003-96 $4.26 TOTAL FOR KeEL ENERGY $1,915.41 TOTAL CHECKS $272,348.56 . . 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 3,2002 RE: Mayor and Council Members Jean Panchyshyn, Deputy Clerk Jf Craig W. Dawson, City Administrator c&J Setting the Year 2002 Regular Council Meeting Schedule TO: . FROM: This is a routine organizational item which requires Council adopt a resolution setting the Year 2002 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. Holidays in 2002 which fall on a Council Meeting Monday are: May 27 (Memorial Day) November 11 (Veterans Day) . A copy of the proposed resolution is attached. ::#38 n ~.1 PRINTED ON RECYCLED PAPER CITY OF SHOREWOOD RESOLUTION NO. 02- A RESOLUTION SETTING THE 2002 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 2002, 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 ofthe 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 14TH day of January, 2002. WOODY LOVE, MAYOR ATTEST: . CRAIG DAWSON, 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 Last fall we received a complaint that garbage and yard waste was being deposited near the wetland area on the north side of Enchanted Lane. In this case the individual making the call had witnessed the violation. The matter was turned over to the Police Department who then confronted the alleged violator, who has admitted to the violation, but refuses to clean up the mess. The police are pursuing this matter with the prosecuting attorney. . What came to light in this case is that there is more than one person using the street right- of-way/wetland area as a dumping ground. Both the violator and the witness suggest that it is not uncommon for local area residents to dUIIip leaves and lawn clippings near the wetland. The Police Department suggested that the City post "No Dumping" signs along the roadway in the more isolated areas of Enchanted Lane. This amounts to most of the north/northwest side of the roadway, since even the closest lots along that street orient toward Enchanted Point. So as not to create visual clutter and to limit expense, it is . . . recommended that staffbe authorized to post the signs in select strategic locations. The Council may wish to also direct staff to send out a friendly reminder to area residents on Enchanted Island, that dumping is not allowed. Cc: Craig Dawson Larry Brown Bryan Litsey ft '-~ PRINTED ON RECYCLED PAPER :/I:6~ .~.~. ". .....\~ lie ~ J ............/ ~ ~ ~ 2 .. (25) .. . ....... \..Jf: H,~.--.d (;(:i\ \ . NORTH u.~....~.....-..........- ... '" l:! I I ~ I ~ I "-~v I ~ ~ ~ I I I I I o ~ N \I ~ Lo.t..A. '"^\"'~~~ 'P()~ + \l / i - ~-- ~'>~ "".. ....\.- _.../...~~. / E...~c\"b',t A . . . 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 8, 2002 Re: Honorable Mayor and City Council Members ... Bonnie Burton, Finance Director/Treasurer ~ Craig W. Dawson, City Administrator t!> 2002 Fee Schedule To: . From: Background The Shorewood City Council is authorized to set fees from time to time by resolution. Staff recently reviewed certain fees the city charges for various licenses, permits, and miscellaneous services and is recommending the following changes to the 2002 Fee Schedule. Description Old Fee New Fee . Mailing Labels (a list of all residents' addresses printed on mail labels ) $35 Park Use Fee: Organized sports per participant, per sport, per, season (Fee increase approved and recommended by the Park Commission) $5 $10 Recommended Council Action Staff recommends that the City Council adopt the proposed resolution 'Setting 2002 License, Permit, Service Charges and Miscellaneous Fees'. n ~J PRINTED ON RECYCLED PAPER -:If 3 7) CITY OF SHOREWOOD RESOLUTION NO. 02- A RESOLUTION ADOPTING THE 2002 FEE SCHEDULE AND SETTING LICENSE, PERMIT, SERVICE CHARGES, AND NUS CELLANE OUS FEES WHEREAS, the fees that residents shall pay to the city for the licenses, pennits, services charges and miscellaneous fees shall be detennined from time to time by the Shorewood City Council; NOW THEREFORE, BE IT RESOLVED by the City Council ofthe City of Shorewood that the 2002 Fee Schedule is adopted in its entirety including certain fees to be set as follows: Item Fee . Mailing Labels (a list of all residents' addresses printed on mail labels) $35 Park Use Fee: Organized sports per participant, per sport, per, season $10 ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 8th day of January 2002. WOODY LOVE, MAYOR ATTEST: . CRAIG W. DAWSON, CITY ADMINISTRATOR CITY OF SHOREWOOD LICENSE, PERMIT, SERVICE CHARGES AND MISCELLANEOUS FEES I. MISCELLANEOUS PERMITS & LICENSES Police Alarm Permits 601.06.1 Fire Alarm Permits 601.06.1 Recreational Fire Permit 501.03 Open Burning Permit 501.03 Boat Docks & Boat Storage 304.05 Facility License Tobacco Retailer License 302 Administrative Fines: Licensees in Violation TYPE OF CHARGEIFEE . Other Individuals in Violation Adult Use License Investigative Fee Adult Use Facility License Dog Licenses Kennel License Horse Permit Animal Impound Fees Street Excavation Permit Gambling License . System Contractor License Refuse Hauler License Tree Trimmers License Commercial Lawn Fertilizer Application License (annual) Therapeutic Massage License Fee II. LIQUOR Intoxicating Liquor License Wine License - On-Sale Intoxicating Malt Liquor/ Wine License - On-Sale Liquor Special Club License Special Sunday License CITY CODE REFERENCE CHARGE/FEE $ 100.00 3rd false alarm & thereafter 200.00 2nd false alarm & thereafter No Charge 100.00 per site 35.00 $250.00/premise $75.00/frrst offense 200.00/second offense in 24 month period 250.00/thereafter within 24 month period 50.00 per offense 309 701.03.2 500.00 1,675.00 + $50/video booth or stall 5.00 1.00 late fee 25.00/initiallicense 10.00/renewallicense 25.00 25.00 1st offense of year 50.00 thereafter 150.00 100.00 Biennial 25.00 Temporary 1,000.00 Bond 50.00 + 25.00/truck 30.00 701.04.2 702.04 701.08.4 901.01.2b 301.06.2 301.06.1 507.05.4 305.01 310.03.2d 30.00 150.00 403.06.1 403.06.1 7,500.00 1,000.00 2,000.00 250.00 200.00 403.06.1 403.06.1 403.06.1 City of Shore wood - Rev. 01108/02 TYPE OF CHARGE/FEE 3.2 Percent Malt Liquor License - On-sale 3.2 Percent Malt Liquor Liquor License - Off-Sale 3.2 Percent Malt Liquor Temporary License Ill. UTILITY RATES Residential Recycling Fee Sewer Connection Permit Sanitary Sewer Service Sanitary Sewer Surcharge Local Sewer Avail. Charge Water Connection Permit Inside Outside Water Meter - 3/4" 3/4" Horn 1" Meter 1" Horn 1.1/2" Meter (w/flanges) 2" Meter (w/flanges) 1" Pressure Reducing Valve 1 1/2" Pressure Reducing Valve 2" Pressure Reducing Valve Late Meter Reading Fee Meter Test Water Service CITY CODE REFERENCE 402.06.2 402.06.2 402.06.2 904.07.1 904.15.la 904.09.5 904.18.3 903.03.1a 903.03.1 b(2) 903.03.1b(2) 903.03.1b(2) 903.08.6 903.08.4 903.09.1a Water Service - Low Income 903.09.1a(l) Water Turn-on & Shut-off Fee 903.04 Base Water Special Assessment (R)903.18.03 Water Trunk Charge (T) 903.18.06 Water Connection Fee 903.03.3 Water Supply - Research of Properties CHARGE/FEE 300.00 50.00 25.00 1.50/molhousehold 150.00 60.00/ qtr/residential 40.00/qtr/residential (low income) 30.00/qtr/residential (seasonal) 71.90/qtr, + $2.55/ea 1,000 gallons in excess of 28,500 gallons per qtr/Commercial 100.00/mo 1,200.00 . 50.00 60.00 90.00 30.00 170.00 55.00 400.00 525.00 85.00 200.00 210.00 . 5.00 80.00 23.25/qtr 15110,000 gallons, plus $1.50 per 1,000 gallons in excess of 10,000 gallons up to 50,000 gallons, and $1.75 per 1,000 gallons in excess of 50,000 gallons per quarter 15.00/qtr minimum 50.00 5,000.00 10,000.00 Connection fee shall be the same as the amount specified in Section 903.18, subd.6.a. less any amounts previously paid for trunk water improvements as special assessments or for trunk charges at the time of subdivision of land pursuant to Section 903.18, Subd.6.a. 75.00 . City of Shore wood - Rev. 01/08/02 TYPE OF CHARGE/FEE CITY CODE REFERENCE CHARGE /FEE IV. MISCELLANEOUS FEES AND CHARGES Special Assessment Search Mailed Minutes (nonresident) Copies 15.00 75.00 annual .25/page/individual 35.00 annual .25/page/individual .25/page/single side 8.5x11" .50/page/single side anything larger $35.00 All Tesidents on printed mailing labels Mailed Agendas Mailing Labels (All city residents) . Aerial Topography: Mylar Copy Electronic Recycling Containers City Code Book CD Rom Updates City Zoning Code Comprehensive Plan (Softbound color Copy) Election Filing Fee Spring Clean-up Fees 507.09.1 507.09.2 16.00/acre + 5.00/mylar 50.00/megabyte of data 8.00 after 1st container 75.00 25.00 25.00/yr 20.00 35.00 2.00 Up to 10.00 20.00 air conditioners* 10.00 appliances, incl. water heaters* 10.00 mattresses & rolled carpets 6+ ft* 15.00 large furniture* 4.00 tires w/o rims* 7.00 tires w/ rims* 13.00 truck tires w/o rims* 0.0 auto batteries* * Or as determined based upon actual cost of disposal . Residential Equivalent Factor Basic System Rate 905.03 Tri-Annual Rental Housing License Fee, per Unit 1004.03(3) (includes up to 3 inspection/unit) Additional Inspections as Necessary 1004.03(3) Return Check Fee 3.75/qtr 35.00 20.00/inspection 25.00 v. PARK & RECREATION Park & Recreation Use Fees Skating Rinks (per rink) Unlighted Lighted Organized Sports Participant Tournaments 902.06.3 10.00/hour 15.00/hour 10.00/per participant, per sport, per season 30.00/day + attendant salary Resident Base Fee Soccer/Football/Baseball/Softball Fields (per field) Unlighted $ 20.00/day Lighted 30.00/day Tournament 50.00/day Nonresident Base Fee 60.00/day 90.00/day 150.00/day City of Shorewood - Rev. OJ /08/02 TYPE OF CHARGE/FEE CITY CODE REFERENCE Resident Base Fee Multi-Use Buildings Damage Deposit ManorlBadger/CathcartlSilverwood Freeman Eddy Station 50.00 25.00 100.00 100.00 Picnic Pavilions ManorlFreeman Eddy Station VI. BUILDING, ZONING, LAND USE 25.00 50.00 Zoning/Amendments Conditional Use Permit 1201.04.1a 1201.04.1a 1201.05.3a Variances & Appeals Variances & Appeals Planned Unit Development Concept Plan Development Stage Plan Final Plan 1201.05.3a 1201.05.3a 1201.25.6b(2)(b) Site Plan Review/Certificate Subdivision (Metes & Bounds- 3 lots orless) Subdivision (Preliminary Plat) Subdivision (Final Plat) Park Dedication (cash in lieu ofland) Comprehensive Plan Amendment 1201.07.2 1202.03.1a(2) 1202.03.1a(2) 1202.03.1a(2) 1202.07 Extension of Deadline for Recording Resolutions CHARGE/FEE Nonresident Base Fee 150.00 75.00 150.00 150.00 50.00 75.00 $ 450.00 200.00 (residential) 300.00 + 100.00 escrow (nonresidential) 1000.00 + 1000.00 escrow (communication facilities) . 150.00 + 150.00 escrow (residential) 200.00 + 150.00 escrow (nonresidential) 300.00 + 100.00 escrow 300.00 + 100.00 escrow 300.00 + 100.00 escrow 150.00 250.00 + 100.00 escrow 250.00 + 100.00 escrow + 25110t 500.00 + 200.00 escrow + 25/lot 1,500.00/unit 200.00 Pre-application 800.00 Formal application 50% of Original Application Fee . NOTE: Base fees are nonrefundable. Escrow deposits are to cover consulting engineer and attorney expenses. Applicants are informed that any City expenses not covered by these fees will be billed to them. Unused escrow fees will be returned to applicant upon written request. Building Permit Residential Roofing Permit Siding Permit 1001.03 S.B.C. S.B.C. Per 1997 UBC TABLE I-A 50.00 50.00 City of Shorewood - Rev. 01108/02 >> TYPE OF CHARGE/FEE CITY CODE REFERENCE CHARGE/FEE House Moving Pelmit Mechanical Permit 1002.02.4a S.B.C. Per 1997 UBC TABLE I-A + 200.00 escrow 2% value of work, 20.00 minimum . Plumbing Permit Automatic Sprinkling System Permit Removal or Abandonment, Underground Tanks Demolition Permit Sign Permit Application Fee Approved Sign Permit Fee Fence Permit Grading/Filling Permit S.B.C. 7.00/fixture, 20.00 minimum S.B.C. U.F.C. 20.00 . 35.00 1st tank + $20 each additional S.B.C. 1201.03.11f 50.00* 20.00 Per 1997 UBC TABLE I-A 20.00 Per1997 UBC TABLE A-33-A & A-33-B 1201.03.2f S.B.C. Home Occupation Permit 1201.03.12c Irrigation System Permit 901.02.2d R.O.W. Encroachment Permit 901.02.2b R.O.W. or Easement Vacation Request 200.00 (special) 20.00 40.00 300.00 * Fee is waived when done in conjunction with a building permit or when burned by Fire Department. . (Ord. 263, 12-14-92; Ord. 274, 5-10-93; Ord. 277, 8-23-93; Ord. 279, 9-27-93; Ord.285, 1-24-94; Ord. 287, 3-14-94; Ord. 292, 5-23-94; Ord. 299, 6-12-95; Ord. 301, 6-12-95; Ord. 302, 7-10-95; Ord. 309,2-12-96; Ord. 322, 6-9-97; Ord. 328, 12-15-97; Ord. 329, 12-15- 97; Ord. 332,2-23-98; Ord. 340, 9-14-98; Ord. 344,9-28-98; 351, 5-24-99; Ord. 353,6-14- 99; Ord. 356,9-13-99; Ord. 359, 12-13-99; Ord 360, 1-10-00; Ord 365,8-14-00; Ord 369, 2- 12-01) City of Shorewood - Rev. 01/08/02 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 8,2002 . FROM: Mayor and Council Members ~ Jean Panchyshyn, Deputy Clerk .J TO: CC: Craig W. Dawson, City Administrator eJ) RE: A Motion to Adopt a Resolution Approving Year 2002 Tree Trimmer Licenses Tree Trimmers operating within the City of Shorewood must complete an annual license application and provide proof of insurance coverage. Two additional applicants noted on the attached proposed resolution have completed the requirements to provide tree trimming service in the City in the year 2002. Council Action . A motion to adopt a Resolution Approving Year 2002 Tree Trimmer Licenses. #JJE n ~.1 PRINTED ON RECYCLED PAPER CITY OF SHOREWOOD RESOLUTION NO. 02- A RESOLUTION APPROVING LICENSES FOR TREE TRIMMERS WHEREAS, the Shorewood City Code Section 305 provides for the annual licensing of tree trimmers in the City; and WHEREAS, said Section provides that anapplicant submit a letter of intent and fulfill certain requirements concerning insurance coverage and pay 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 Trimmers. NOW, THEREFORE BE IT RESOLVED by the City Council of Shorewood as . follows: That a License for Tree Trimming be issued for a term from January 1, 2002 to December 31, 2002, to the following applicants: Permit # Firm Name Address 02-019 Four Seasons Tree Service 32 10th Ave. S., Suite 213 Hopkins, MN 55343 02-023 Rainbow Tree Company 2239 Edgewood Ave. S. St. Louis Park, MN 55426 . ADOPTED by the City Council of the City of Shorewood this 14th day of January, 2002. WOODY LOVE, MAYOR ATTEST: CRAIG W. DAWSON, CITY ADMINISTRATOR . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236 FAX (952) 474-0128. www.ci.shorewood.mn.us. cityhall@ci.shorewood.mn.us MEMORANDUM . DATE: Mayor and City Council Craig Dawson, City Administrator ~ Larry Brown, Director of Public W orks ~/ January 10, 2002 TO: FROM: RE: A Resolution Accepting the Final Improvements for the Freeman Park Sewer and Water Project. City Project 99-05 The Freeman Park Sewer and Water Project has been completed by Thomas and Sons, Inc. and is ready for the City's acceptance. The Contractor has submitted the necessary lien waivers and documentation to fulfil their portion of the contract. Recommendation Staff is recommending that the Freeman Park Sanitary Sewer and Watermain Project be accepted, and that final payment be made to Thomas and Sons, Inc. . Jp n t..1 PRINTED ON RECYCLED PAPER CITY OF SHOREWOOD RESOLUTION NO 02-_ A RESOLUTION ACCEPTING THE FREEMAN PARK SEWER AND WATER IMPROVMENTS, CITY PROJECT 99-05 AND AUTHORIZING FINAL PAYMENT WHEREAS, the City of Shorewood has entered into a contract with Thomas and , Sons, Inc. for City Project No. 99-05, for the Freeman Park Sewer and Water 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 authorizes final payment to the Contractor, and the one year guarantee shall commence as of the date of this resolution, subject 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 14th day of January, 2002. WOODY LOVE, MAYOR ATTEST: CRAIG W. DAWSON, 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 TO: Mayor and City Council . FROM: Brad Nielsen DATE: 1 0 January 2002 RE: Dimensions in Floors - Appeal Zoning Violation FILE NO. Property (5.660 County Road 19) Late last year our office received a complaint alleging that boats were being store behind the carpet store at 5660 County Road 19). Upon inspection the complaints were found to be accurate and a zoning violation letter was sent to the owner of the property (see Zoning Violation letter, dated 14 December 2001 - Exhibit A, attached). fu a letter, dated 27 December 2001 (Exhibit B), Mr. John Sulciner, representing Dimensions in Floors, requests additional time to comply with the notice. . The appellant's letter states that other violations noted on the property have been, or will be, corrected by 18 January 2002. He asks, however, to keep the boats behind the building until "ice out" . Since the average ice out date on Lake Minnetonka is 15 April this would amount to a 90-day extension. Staff considers this to be too long and recommends that the violation be corrected within 30 days (14 February). However much time the Council grants, failure to comply with the extended deadline should result in the matter being turned over to the City Attorney for legal action. Cc: Craig Dawson John Sulciner n .. t.J PRINTED ON RECYCLED PAPER #3~ '. CITY OF SHOREWOOD 5755 ~OUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128 · www.cLshorewood.mn.us' cityhal1@cLshorewood.mn.us 14 December 2001 Sulciner/Deters Real Estate 5660 County Road 19 Shorewood,~N 55331 . Re: Zoning Violation - Commercial District - 5660 County Road 19 To Property Owners: Due to recent complaints, it has come to our attention that property you own is in violation of City Code Section 1201 (Zoning). Specifically, the following boats and other items were found being stored on your property at 5660 County Road 19. . Two (2) boats, on blocks . One (1) bag of trash' . Cement blocks . 8'x 8'x 20' storage container There is nothing in the City Code which allows for outdoor storage of this type of equipment. You are hereby notlfied that the above referenced accessory use of this property must be discontinued. Your property will be reinspected for compliance with City Code regulations on or before 27 December 2001. ' . " If you wish to appeal this order to the City Council, you must do so in writing, before 27 December 2001. Your appeal must state why you can not or will not correct the violations, or if you request additional time for compliance, how much time. Your written appeal will stop further action until such time as the City Council has considered the matter. #!It '..~ PRINTED ON RECYCLED PAPER E.)(h', '0;+ A ," ~} ~ Sulciner/Deters Real Estate i4 December 2001 page two If you have any questions relative to this matter, you should call the Planning Department at (952) 474-3236. CITY OF SHOREWOOD ~ ; .1)~/f* Bradley J. Nielsen Planning Director . BJN:ph cc: Tim Keane Joe Pazandak . /"('~'~"'''''''''''''?''\'' ,_.\ 0 {.....;\ ~,..........t---\ ,,: \..((-......... nIinensioI1S \ '~'IN'FLOORS.,~\,,,) ........\" ~C;;L...5t..,~:~;]....)" o ~cg.~n~'N ea: 27 + IU -" City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Re: Letter of 14 December 26, 2001 "Zoning Violation - Commercial District-5660 County Road 19 Dear City Council / Planning Dept. . This letter is a written response to the above mentioned letter, we are proposing the following solution , \ I I I \ i I I I ! 1 . Cement Blocks will be removed by 1/4/01 . Bag of trash Has been removed . 8' x 8' x 20' Storage Container used for Recycling Carpet will be Removed by 1/18/01. . Regarding the Storage of the two boats which are owned by the property owners, We called the city on 10/1/01 & we were told that property owners could store up to two boats on their property, We feel that we made an effort to comply with all city ordinances. We would like to propose the following options. A. Leave boats as they are until 15 days after ice out, remove them at that time. B. Fence perimeter of boats, remove 15 days after Ice Out. . Boats will not be stored on our property in the future. . 51:.p;~i ; ..'~ 'H~.\l :.' l:',c-:"d 1 ~~; <i',. ',v,.':"~.t. >!;.,' :l;:.!.~:.! ~':"':' l:l":,~;' ..~~(:." '~I."~:~ r.\: '~":',~.' "r~.;j.- -'!:.'t.'.~: ~h\b~t 'fJ 1.__M.._.... .'" .._._._'__ ,_W ""H_'WU -". .------~.-.._-.. ....-........----...-..--.-.....-----. .-.-.--..,-----~~.-'_.,-.,.-.._. -...,-..,,'--..'.---"..~-._-...._,,-.'---,-. .-..'---.-. .4 " CITY OF SHOREWOOD PARK COMMISSION MEETING TUESDAY, DECEMBER 11, 2001 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:30 P.M. OR IMMEDIATELY FOLLOWING WORK SESSION MINUTES 1. CONVENE PARK COMMISSION MEETING Chair Arnst called the meeting to order at 8:44 P.M. A. Roll Call Present: Chair Arnst; Commissioners Puzak, Meyer, Callies, Bix, Young, and Dallman; City Council Liaison Garfunkel; City Administrator Dawson; Finance Director Burton; and City Engineer Brown . B. Review Agenda Per City Engineer Brown's request, Item #5 was removed from the agenda and postponed until January, and Item #7B, a discussion regarding Eddy Station vandalism, was added. Puzak moved, Callies seconded, approving the agenda as amended. Motion passed 7/0. 2. APPROVAL OF MINUTES A. Park Commission Meeting Minutes of November 13,2001 Dallman moved, Puzak seconded, approving the Minutes of November 13, 2001 as submitted. Motion passed 7/0. 3. MATTERS FROM THE FLOOR . There were none. 4. REPORTS A. Report on City Council Meetings of November 26, 2001 and December 10, 2001 Council Liaison Garfunkel reported on the November 26, 2001 City Council meeting. At the meeting, he stated that there was a presentation by Mark Themig; staff was directed to prepare a feasibility report for the Lake Linden Drive trail request; Council happily accepted a conservation easement from Dan Riesen; they approved the funding for the police station; and finally, the Glen Road/Amlee Road drainage was discussed. Brown expanded on the Glen! Amlee Roads drainage issue. He indicated that the ongoing studies have presented several options, all of which however, are in direct conflict with the Gideon Glen project. The Council did not approve the studies but asked they be taken back to the drawing board to include the goals of the Gideon Glen project. Brown maintained that there will be no easy solutions, but they will continue to endeavor. t:fSA ); PARK COMMISSION MINUTES TUESDAY, DECEMBER 11, 2001 Page 2 of 4 ," Administrator Dawson reported that City Council approved the supervision of the rink attendants agreement last night during the December 10, 2001 City Council meeting. He added that Cub Foods came in for a pre- application discussion, which is expected to be returned in January; Tom Skramstad was reappointed as the City's liaison to the LMCD; budgets were approved; and the City will be at the Watershed District regarding the Gideon Glen project on Thursday, December 13, in order to be a part of their capital budget. Finally, Dawson reported that the Community Visioning process is moving forward, and invited the Commission to attend a Community Vision Forum on February 21,2002, at the South Shore Center. He added that a voluntary survey will be posted on the community's web site to share comments as well. Brown clarified that the Cub Foods proposal that is coming back in January is for the Comprehensive Plan Amendment for the rezoning of the property. This is not to say that the entire site plan is up for approval at this point, it is to say whether or not the Planning Commission and City Council are willing to recommend and approve the Comprehensive plan amendment only. Depending on what happens then, Cub Foods will have to follow the same process as it did before. B. Report on Land Conservation Environment Committee . Callies reported that the LCEC has not met for two months and there is nothing to report. She also asked if she could remove herself from the Committee, since they don't meet often and her husband is a committee member. She did add that it might not be necessary to have a liaison present at all their meetings and she could, at times, merely present her husbands' notes. She also volunteered to write occasional articles for the newsletter. Chair Arnst said they would discuss a liaison alternative in January. C. Report on Park Foundation Meeting of November 15, 2001 Dallman reported that the Foundation has met and they've sold a few more bricks from the newsletter advertisement. They plan to meet again later this month. 5. MASTER PLAN REVIEW A. Status of Report on Traffic/Parking Study for Freeman Park . Removed from the Agenda. 6. REVIEW STAFF RECOMMENDATION ON SPORTS ORGANIZATION USER FEE INCREASE Chair Arnst reported that staff is recommending that the Park Commission increase the user fee from $5. to $10. per person, per sport, per season. She asked for the boards' thoughts on the request. Burton added that the rationale was the City of Shakopee memo indicating that their similar services warrant a greater fee and the fact that the Park Fund is operating at a deficit. Puzak stated that, while the request is not unreasonable, it is necessary due to the fact that the Commission has not done its part to raise funds through its concessions at Eddy Station and the Park Foundation has failed to meet its financial commitments to the City. While he was uncomfortable with the bar being raised, he felt he could support it. Chair Arnst agreed with Puzak, citing that an alternative solution is necessary. The concessions, once again, is budgeted to achieve $3,000 next year and Chair Arnst hoped that they will do their best to find a ~ . . PARK COMMISSION MINUTES TUESDAY, DECEMBER 11, 2001 Page 3 of 4 concessionaire for 2002. She indicated that while she was not enthusiastic about a 100% increase in the fee, she would support the increase this year but not again next year, especially, if the increase is due to the Park Foundation missing the mark on their commitment once again. Young asked what sort of return the City was seeing on the vending machines. It was noted that the machines have generated roughly $300 per statement. Bix stated that from her observations there are viable concessionaires out there among the sports organizations. For instance, the girls softball and soccer groups led her to believe that there might be interest to do some sort of shared concessions operation. Bix voiced her concern that it's in bad faith to raise the user fee by doubling it the second year. Puzak brought up the idea of splitting the difference in the increase by charging $7.50 rather than $10. Dawson stated that due to levy limits the City Council asked if the Park Commission would be willing to bump up the user fee to $10 with the intent that they restore balance to the park improvement plan and regain the outlay from Eddy Station. Burton noted the reality that if the Park Department is going to move ahead, the Park Foundation will need to meet its 10-year $10,000 annual commitment, or once again, increases in the user fees may be requested down the road. Callies questioned whether we could justify the need to boost the user fee via advertising. By noting in the newsletter and paper that the user fees will run $7.50 if someone or organization steps forward to run the concessions, or $10 if there is no support. She felt communicating that we have to raise fees due to these shortfalls may justify it to the public. Young stated that he is in support of the $10 user fee and felt they started to cautiously at $5 last year. Meyer wondered if the end users are even aware that the user fee exists. She was unclear if organizations lump it into their fees or supply registrants with a breakdown. Puzak stated that many organizations break it out due to tax requirements. Meyer asked if it were easier in the long run to bill per team versus per player. Brown indicated that staff cannot spend the enormous amount of time working on the rosters next year as they did in 2001. Dallman felt he could support the $10 user fee ifhe had some sort of guarantee that it stay the same for two years. Callies moved, Young seconded, to authorize a $10 user fee per person, per sport, per season. Motion passed 6/1, with Bix dissenting. Burton noted that the billing would occur based on the rosters oflast year. The assumption will be based on past data, with the ability to make adjustments where necessary. ~ PARK. COMMISSION MINUTES TUESDAY, DECEMBER 11, 2001 Page 4 of 4 .- 7. APPOINT PARK LIAISON FOR JANUARY CITY COUNCIL MEETINGS Meyer will serve as liaison to the City Council on January 14 and 28, 2002. 7B. Eddy Station Vandalism Brown reported that just the night before, many things were burnt, busted, carved upon, plus, a fire was started in a garbage can under the canopy. With the Commission's support, Brown plans to pursue the installation of video surveillance equipment, cameras, or whatever it takes to catch the vandals. The incidents of vandalism always occur roughly at the same time and the City has an idea of who is to blame, however, evidence is necessary to catch the guilty parties. Chair Arnst reiterated the Commissions support. Support she believed they had given to Brown several months ago to pursue whatever measures staff deems necessary. 8. NEW BUSINESS . There was none. 9. ADJOURNMENT Bix moved, Meyer seconded, adjourning the Regular Park Commission Meeting of December 11, 2001 at 9:35 P.M. Motion passed 7/0. RESPECTFULLY SUBMITTED, Kristi B. Anderson RECORDING SECRETARY . .~ , ~ I J . 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 3,2002 FROM: Mayor and Council Members Jean Panchyshyn, Deputy Clerk .-Jf Craig W. Dawson, City Administrator ~ Making Appointments to Certain Offices and Positions within the City of Shorewood for the Year 2002 . TO: RE: This item requires Council make a motion to adopt a resolution making the Year 2002 appointments to certain offices and positions within the city. The following identifies the Year 2001 appointments: . Acting Mayor: Jolm Garfunkel Council Representatives to: a. Park Commission Liaison: Q 1: Christine Lizee; Q2: Scott Zerby; Q3: Laura Turgeon, Q4: John Garfunkel b. Planning Commission Liaison: Q1: Laura Turgeon; Q2: John Garfunkel; Q3: Scott Zerby, Q4: Christine Lizee c. Liquor Stores: John Garfunkel & Scott Zerby d. Minnehaha Creek Watershed District: e. .. Riley Purgatory Bluff Creek Watershed District: f. Lake Minnetonka Cable Commission: Scott Zerby g. Association of Metro Municipalities: Laura Turgeon h. Alternate Association of Metro Municipalities: Craig Dawson 1. Coordinating Committee South Lake Minnetonka Public Safety Department: Mayor ft ~~ PRINTED ON RECYCLED PAPER *7fJ January 3,2002 Page Two J. Alternate to Mayor on Coordinating Committee South Lake Minnetonka Police Department: Acting Mayor k. Excelsior Fire District Board Member: Woody Love 1. Alternate to Mayor on Excelsior Fire District: John Garfunkel m. Friends of the Southshore Center Board: Christine Lizee Representatives to Affiliated Organizations: a. Lake Minnetonka Conservation District: Tom Skramstad b. Lake Minnetonka Cable Commission: Jeff Foust c. Minnetonka Community Education and Services: Tad Shaw 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 Weed Inspector: Mayor Woody Love Assistant Weed Inspectors: Charles Davis & Joe Lugowski , . \ ~ . . +.#' CITY OF SHOREWOOD RESOLUTION NO. 02- A RESOLUTION MAKING APPOINTMENTS TO CERTAIN OFFICES AND POSITIONS WITHIN THE CITY OF SHOREWOOD FOR THE YEAR 2002 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 2002 City Council organizational meeting: Acting Mayor: John Garfunkel Council Representatives to: a. Park Commission Liaison: . c. d. e. f. g. h. 1. J. k. 1. m. Christine Lizee Scott Zerby January- June 2002 July - December 2002 b. Planning Commission Liaison January- June 2002 Laura Turgeon July - December 2002 John Garfunkel Liquor Stores: John Garfunkel & Scott Zerby Minnehaha Creek Watershed District: Riley Purgatory Bluff Creek District: Lake Minnetonka Cable Commission: Scott Zerby Association of Metro Municipalities: Laura Turgeon Alternate Association of Metro Municipalities: Craig Dawson 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: Woody Love Alternate Excelsior Fire District Board Member: John Garfunkel Friends of the Southshore Center Board: Christine Lizee ,'" CITY OF SHOREWOOD RESOLUTION No. 02- Page Two: Annual Appointments 2002 Representatives to Affiliated Organizations: a. Lake Minnetonka Conservation District: Tom Skramstad b. Lake Minnetonka Cable Commission: Jeff Foust c. Minnetonka Community Education Services: Tad Shaw City Attorney: Tim Keane, Larkin, Hoffman, Daly & Lindgren, Ltd. City Prosecutor: Ken Potts Emergency Preparedness Director: SLMPD Police ChiefBrvan Litsev Official Depositories: Beacon Bank. 4M Fund & other Depositories as necessary . Official Newspaper: Sun Sailor. Notices may also be published in the Laker Weed Inspector: Mavor 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 14TH day of January, 2002. . WOODY LOVE, MAYOR ATTEST: CRAIG DAWSON, 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.u5 MEMORANDUM DATE: January 3, 2002 . FROM: Mayor and Council Members Jean Panchyshyn, Deputy Clerk ~ Craig W. Dawson, City Administrator C1> A Motion Establishing the Date, Time and Place for the Local Board of Review TO: RE: Hennepin County is suggesting the Local Board of Review date of Monday, April 15, 2002. This date was determined from prior years meeting dates. The suggested starting time is 6:30, 7:00 or 7:30 p.m. Last year the starting time was scheduled for 7:00 p.m. As a quorum must exist, staff requests Council approve a motion setting the Local Board of Review for Monday, April 15, 2002, and determine a starting time of 6:30, 7:00 or 7:30 p.m. in the City of Shorewood Council Chambers. . $:1/3 n t.J PRINTED ON RECYCLED PAPER ... ( ~ CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236 FAX (952) 474-0128. www.ci.shorewood.mn.us. cityhall@cLshorewood.mn.us MEMORANDUM TO: FROM: DATE: SUBJECT: City Council . Craig W. Dawson, City Administrator ()b January 10, 2002 Amendment to Ordinance re: Lawn Fertilizer . The City Council adopted Ordinance No. 366, in July 2000. This ordinance established Chapter 310 in the City Code, and enacted restrictions on the use, sale, and commercial application of lawn fertilizers that contain phosphorus. When it was adopted (and it remains true today), it was hoped that State legislation would supersede the City's ordinance. In adopting the ordinance, Council recognized the need for retailers to have sufficient lead time to adjust to the new City regulations regarding sale of these fertilizers. Section 310.04, Subd. 4, specified that the restrictions on sale would take effect January 1, 2002. It also specified that requirements regarding display of products and providing customers with copies of the ordinance would take effect January 1,2001. . Proposed Amendment: The proposed amendment would delay the compliance dates specified in the ordinance to January 1, 2003. There is a promising effort to enact State legislation to restrict the use and sale of these lawn fertilizers this year. If passed, this legislation would supersede the City's ordinance. Additionally, there has been little change in the availability of zero-phosphorus lawn fertilizers to retailers since the ordinance was adopted. Retailers' ability to comply with the ordinance this year does not appear to be realistic. Consequently, it would appear prudent to delay compliance to 2003, and to notify retailers of the requirements that will take effect at that time. RECOMMENDATION: Staff recommends that the Council waive the reading and adopt the Ordinance amending Section 310.04, Subd. 4, of the City Code. :ff.7C ft '-J PRINTED ON RECYCLED PAPER r \ \ I . SHOREWOOD CITY CODE CHAPTER 310 Proposed Amendment to Section 310.04, Subd. 4: 310.04 GENERAL REGULATIONS. Subd. 4. Sale of Fertilizer Containing Phosphorous. Effective 1 January~ 2003, no person, firm, corporation, franchise, or commercial establishment shall sell any lawn fertilizer, liquid or granular, within the City of Shorewood that contains any amount of phosphorous or other compound containing phosphorous, such as phosphate, except: a. Effecti"6 1 January 2002. s.small quantities of such fertilizer may be sold for use as provided in Section 310.05. Displays oflawn fertilizer containing phosphorous shall be limited to ten percent (10%) of the quantity of non-phosphorous lawn fertilizer on display at any given time. . b. Effecti"6 1 January 2001, dDisplays of such fertilizer must be clearly marked as containing phosphorous, and must be separated from the display of other fertilizers by no less than eight (8) feet. c. Effoctive 1 January 2001, :fl:or each sale of such fertilizer the seller shall provide the buyer with a copy of this Chapter of the Shorewood City Code. . ~ . . CITY OF SHOREWOOD ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 310 OF THE SHOREWOOD CITY CODE RELATING TO LAWN FERTILIZER APPLICATIONS THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS AS FOLLOWS: Section 1. Section 310.04, Subd. 4 of the Shorewood City Code shall be amended to read as follows: Subd. 4. Sale of Fertilizer Containing Phosphorous. Effective 1 January 2003, no person, firm, corporation, franchise, or commercial establishment shall sell any lawn fertilizer, liquid or granular, within the City of Shorewood that contains any amount of phosphorous or other compound containing phosphorous, such as phosphate, except: a. Small quantities of such fertilizer may be sold for use as provided in Section 310.05. Displays oflawn fertilizer containing phosphorous shall be limited to ten percent (10%) of the quantity of non-phosphorous lawn fertilizer on display at any given time. b. Displays of such fertilizer must be clearly marked as containing phosphorous, and must be separated from the display of other fertilizers by no less than eight (8) feet. c. For each sale of such fertilizer the seller shall provide the buyer with a copy of this Chapter of the Shorewood City Code. Section 2. This ordinance shall be in full force and effect following its passage and publication. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, this 14th day of January, 2002. WOODY LOVE, MAYOR ATTEST: CRAIG W. DAWSON, 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 TO: Mayor and City Council Craig Dawson, City Administrator Larry Brown, Director of Public W orks ~~ FROM: . DATE: January 10, 2002 RE: Ordinance Relating to the Installation of Utilities and Use of Rights of Ways. The Comprehensive Plan recommends that utilities be relocated underground where feasible to do so. With the design underway for the Gateway Project along County Road 19, the issue of relocating utilities that are currently above ground to underground, has surfaced. Staff has requested that the City Attorney draft an ordinance requiring utilities located within the public right of way relocate their facilities underground. . Attached, is the above referenced ordinance for the City Council review and approval, if appropriate. Certainly, this topic can be a very controversial issue with the utility companies. An initial meeting will be conducted on Friday, January 11th at the Hennepin county Public Works Facility to provide the companies an opportunity to share their concerns about relocation of their utility lines. Staff will report back to the City Council on Monday of their findings. SA #. '..1 PRINTED ON RECYCLED PAPER City of Shorewood ORDINANCE NO. AN ORDINANCE RELATING TO THE INSTALLATION OF UTILITIES AND USE OF RIGHTS-OF-WAY. The City of Shorewood Code of Ordinances is hereby amended as follows: Section 1. Section 901 is amended to add: Section 901.04. PUBLIC UTILITY SERVICES. Subd. 1. It shall be unlawful to install, construct, erect, alter, revise, reconstruct or move any pipeline, underground telephone line, underground electric transmission line, or overhead electric transmission (non-service) line without first obtaining a permit from the City of Shorewood's Public Works Director. In issuing such a permit, the public works director shall find that: a. The proposed location of the essential [service] shall not reasonably interfere with present or future development. . b. The depth of any buried essential services shall be at a depth or location that will not cause interference with roads, streets, utilities or buildings. c. The width of any linear easements or rights-of-way shall not be such that it will unreasonably interfere with future development. d. The location of any essential service is in accordance with the overall utility location planes) as adopted by the City Council, when said plan is in existence, or the designated utility corridors as identified in the City's Comprehensive Plan. e. The location of any essential service is in accordance with Section 901.05 concerning utility line burial. . Section 901.04. VIOLATION is renumbered to read Section 901.06. Section 2. Section 901.05 of the Zoning Ordinance is amended to add: Section 901.05. UNDERGROUND UTILITIES: a. All utilities installed after the effective date of these regulations including but not limited to electrical, telephone, and cable television lines, shall be buried unless otherwise approved by the City Council. b. Existing overhead utilities within road right-of-ways which are not in conformance with overhead utility corridors as stipulated in this Ordinance and of a capacity less than 15 kilovolts are declared to be . . nonconforming and must be buried at the time they are replaced due to aging or capacity limitations, or relocated due to road constmction or reconstmction within the rights-of-way in which they share space, unless otherwise approved by the City Council. This provision shall not apply to existing overhead utilities located on rear or side lot line easements which directly serve adjacent properties. c. Existing overhead utilities which are to be buried in conformance with Sec. 901.05 Subd. b shall be done so under the terms and requirements as provided in the applicable franchise agreement for the affected utility, if so stipulated. In. the absence of franchise agreement stipulations for the affected utility, the burial shall occur under the terms, expense and scheduling requirements as required by the City at the time the overhead utility is replaced or relocated. Substitute stipulations may be provided between the affected utility and the City. Section 3. These amendments shall be effective upon passage and publication. Adopted this _ day of January, 2002. Woody Love, Mayor ATTEST: Craig Dawson, City Administrator 729947.1 2. City of Shorewood ORDINANCE NO. AN ORDINANCE RELATING TO THE INSTALLATION OF UTILITIES AND USE OF RIGHTS-OF-WAY. The City of Shorewood Code of Ordinances is hereby amended as follows: Section 1. Section 901 is amended to add: Section 901.04; PUBLIC UTILITY SERVICES. Subd. 1. It shall be unlawful to install; construct, erect, alter, revise, reconstruct or move any pipeline, underground telephone line, underground electric transmission line, or overhead electric transmission (non-service) line without first obtaining a permit from the City of Shorewood's Public Works Director. In issuing such a permit, the public works director shall find that: . a. The proposed location of the essential [service] shall not reasonably interfere with present or future development. b. The depth of any buried essential services shall be at a depth or location that will not cause interference with roads, streets, utilities or buildings. c. The width of any linear easements or rights-of-way shall not be such that it will unreasonably interfere with future development. d. The location of any essential service is in accordance with the overall utility location plan(s) as adopted by the City Council, when said plan is in existence, or the designated utility corridors as identified in the City's Comprehensiv~ Plan. e. The location of any essential service is in accordance with Section 901.05 concerning utility line burial. . Section 901.04. VIOLATION is renumbered to read Section 901.06. Section 2. Section 901.05 of the Zoning Ordinance is amended to add: Section 901.05. UNDERGROUND UTILITIES: a. All utilities installed after the effective date of these regulations including but not limited to electrical, telephone, and cable television lines, shall be buried unless otherwise approved by the City Council. . . ORDINANCE NO. Page Two b. Existing overhead utilities within road right-of-ways which are not in conformance with overhead utility corridors as stipulated in this Ordinance and of a capacity less than 15 kilovolts are declared to be nonconforming and must be buried at the time they are replaced due to aging or capacity limitations, or relocated due to road construction or reconstruction within the rights-of-way in which they share space, unless otherwise approved by the City Council. This provision shall not apply to existing overhead utilities located on rear or side lot line easements which directly serve adjacent properties. c. Existing overhead utilities which are to be buried in conformance with Sec. 901.05 Subd. b shall be done so under the terms and requirements as provided in the applicable franchise agreement for the affected utility, if so stipulated. In the absence of franchise agreement stipulations for the affected utility, the burial shall occur under the terms, expense and scheduling requirements as required by the City at the time the overhead utility is replaced or relocated. Substitute stipulations may be provided between the affected utility and the City. Section 3. These amendments shall be effective upon passage and publication. Adopted this 14th day of January, 2002. ATTEST: Woody Love, Mayor Craig W. Dawson, City Administrator/Clerk 2. . . 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 I . DATE: January 10, 2002 RE: A Motion Accepting the Proposal for Preparation of a Feasibility Report for the Lake Linden Drive Trail Project. City Project 01-16 On November 26th, the City Council passed a motion directing WSB and Associates to prepare a feasibility report for the Lake Linden Drive Trail Project. Attachment 1 is the location map for the proposed project. Attachment 2 is the proposal for the feasibility report. . This proposal for this feasibility report is $4,750 in total. Staff reviewed the proposal to analyze if this would better to complete in house, or utilize WSB and Associates. While great strides have been achieved at getting the existing engineering data on a computer aided design system, the Engineering Department does not possess the software necessary to perform the horizontal and vertical design analysis, generation of cross sections, and plan generation which meets the State Aid (MSAS) requirements. It is the hope that this type of software will be obtained in the next year. Under the current funding constraints, the Park Commission has recommended that this trail be funded as a MSA project. If the project is successful, the engineering fees accrued are eligible for reimbursement by MSA as long as they do not exceed 25 percent of the total project costs. Recommendation Staff is recommending approval of the motion accepting the proposal prepared by WSB and Associates for the Lake Linden Drive Trail Project. 813 ft ~J PRINTED ON RECYCLED PAPER . ~ S r- )>> ) s\iilJ'5 Q.UB LA b~ITOJ LA "" o f'l ITI Z z ' /' ~ !.. a-lRISTOI=HER ~ RD ~,.y (tUB RD <.;.~ ~. . RlVIERA LA , " !Ai .i ! /,/ ; L . t . A ;WSB & Associates, Inc. . . December 18, 2001 Mr. LaITY Brown, P.E. Public Works Director City of Shorewood 5755 Country Club Road Shorewood, MN 55331. Re: Lake Linden Drive Pedestrian Trail Proposal WSB Proposal No. 0128-010 Dear Mr. Brown: WSB & Associates, Inc. is pleased to submit this proposal for the preparation of a feasibility report for the Lake Linden Drive Trail between TH 7 and Yellowstone Trail. As you requested, we have developed the attached scope of services, cost estimate, and schedule for this proj ect. Our project team will be led by Mr. Chuck Rickart. He will serve as project manager and coordinate all activities with the City. Don Sterna and Dave Hutton will provide quality control and design input for the project. Thank you for your consideration of WSB for these professional engineering services. We look forward to working with you on this project and other projects in the future. If you have any questions or require any additional information, please do not hesitate to give Chuck Rickart or myself a call. Sincerely, 4150 Olson end Memorial Highway Suite 300 Minneapolis Minnesota 55422 763.541-4800 763.541.1700 FAX c: Chuck Rickart, WSB & Associates, Inc. nm Air Ac.H~ 2.. Minneapolis. St. Cloud. Equal Opportunity Emplo~:\SHOREWOOD\1218011b.doc Proposal to Provide Engineering Services Fora Pedestrian Trail Lake Linden Drive - Trunk Highway 7 to Yellowstone Trail City of Shorewood WSB proposes to provide the following services to the City of Shorewood for preparation of a feasibility report for a pedestrian trail along Lake Linden Drive, from Trunk Highway (TH) 7 to Yellowstone Trail. FEASIBILITY REPORT a. Enqineerino/Desion Analysis This phase will look at the various design alternatives available for the location of the pedestrian trail including alternatives for either side of the roadway. . The report will look at the various costs of each alternative and make recommendations on the best alignment. The costs will include any retaining wall costs. As part of the study, a preliminary design layout would be developed showing a proposed horizontal ad vertical profile. This preliminary design layout would be used to discuss the project with Mn/DOT-State Aid office for approval. b. Fundino Analysis The report will include a discussion on how the project should be financed, using a combination of funding sources including State Aid and possible special assessments. The report will evaluate the City's local Road Funds against the . City's Capital Improvement Program and make a recommendation on the availability of this fund for this project. c. Surveyinq and Testing Our proposal does not include preliminary surveying for final design purposes. Existing City base maps and topography maps will be used to prepare the feasibility report. d. Meetinqs We will present the results of the report to the City Council. Two meetings with City Staff are budgeted to complete the study. A neighborhood meeting could be added as an optional task. P:\Shorewood\Prop to provide services to smithtown road.doc .. . DESIGN AND CONSTRUCTION The proposed fees do not include any costs for design or construction services. Once the feasibility report has been presented to Council and the project ordered, we will present a proposal to the City for those services. FEE The total estimated fee for the feasibility report is $4,000. This included providing 10 bound copies of the feasibility report to the Council. If a neighborhood meeting is requested, an additional fee of $750.00 should be added. SCHEDULE . The feasibility report will be completed within six weeks after receiving authorization to proceed. A presentation would be made at the City Council meeting following the submission of the report. I hereby authorize WSB & Associates, Inc. to provide the services as described above. Larry Brown, Public Works Dir. date .