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041299 CC Reg AgP 'ill ,J. CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, APRIL 12, 1999 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. AGENDA 1. CONVENE CITY COUNCIL MEETING A. Roll Call B. Review Agenda Mayor Love _ Stover _ Garfunkel_ Lizee _ Zerby _ 2. APPROVAL OF MINUTES A. City Council Executive Session Meeting Minutes March 22, 1999 (Att.-#2A Minutes) B. City Council Special Meeting Minutes March 22, 1999 (Att.-#2B Minutes) C. City Council Regular Meeting Minutes March 22, 1999 (Att.-#2C Minutes) D. City Council Special Meeting Minutes March 29, 1999 (Att.-#2D Minutes) E. City Council Executive Meeting Minutes March 29, 1999 (Att.-#2E Minutes) 3. CONSENT AGENDA. Motion to approve items on Consent Agenda & Adopt Resolutions Therein: A. A Motion Approving ADA Addendum to Job Description for Liquor Operations Manager Position (Att.-#3A Proposed Addendum) B. A Motion to Adopt a Resolution Authorizing the Mayor and City Clerk to Enter Into a License Agreement With Hennepin County for Use of Electronic Data (Att.-3B Draft Resolution and Agreement) C. A Motion to Adopt a Resolution Approving Change Order for Project No. 95-17 Strawberry Lane (Att.-#3C Engineer's Memorandum) NOTE: Give the public an opportunity to request an item be removed from the Consent Agenda. Comments can. be taken or qU(!$tions asked following removal from Consent Agenda. .. .." .. CITY COUNCIL AGENDA. APRIL 12, 1999 PAGE20F2 4. MATTERS FROM THE FLOOR (No Council action will be taken.) 5. PARKS . Report by Representative A. Report on Park Commission Meeting Held March 23, 1999 (Att.-#5A Draft Minutes) B. Consideration of an Ordinance Adopting a Formula to Determine Park Dedication Fees (Att.-#5B Staff Memorandum & Draft Ordinance) 6. PLANNING. Report by Representative 7. CONSIDERATION OF A REQUEST FROM CHAMBER OF COMMERCE FOR CITY REPRESENTATIVE TO THE 4m OF JULY COMMITTEE & DISCUSSION ON FUNDING OF ACTIVITY (Att.-#? Letter of Request) 8. CONSIDERATION OF A MOTION REGARDING A SETTLEMENT AGREEMENT WITH OSM PER RECOMMENDATION OF CITY ENGINEER & ATTORNEY 9. DISCUSSION ON COMPREHENSIVE PLAN A. Natural Resources Chapter B. Land Use Chapter CONSIDERATION OF A MOTION REGARDING FINAL DRAFT OF COMPREHENSIVE PLAN 10. DISCUSSION ON POTENTIAL OBJECTIVES FOR LAND CONSERVATION COMMITrKlt (Att.-#10 Administrator's Memorandum) 11. ADMINISTRATOR & STAFF REPORTS City Attorney's Memorandum on Declaring an Emergency (Att.-#11 City Attorney's Memorandum) 12. MAYOR & CITY COUNCIL REPORTS Report on Fire Department Review Committee Meeting Held March 23,.1999 13. ADJOURN SUBJECT TO APPROVAL OF CLAIMS (Att.-#13) - . .11 TAX INCREMENT FINANCING IN MINNESOTA Housing TIF District Qualified Housing TIF District Definition, Requirements and Restrictions Housing districts are a type of tax increment financing district which consists of a project intended for occupancy, in part, by persons or families of low and moderate income. Low and moderate income is defined in a number of federal, state, and municipal legislation. A project does not qualify if the fair market value of the improvements, constructed for uses other than. "low and moderate income housing", are more than 20% of the total fair market value of all the planned improvements. The fair market value of the improvements may be determined using the cost of construction, capitalized income, or any other appropriate method of estimating market value. In addition, housing districts are subject to various income limitations and requirements for residential property. Such limitations and requirements do not apply to housing districts located in targeted areas as defined in M.S. Section 462C.02, Subd. ge. For owner occupied residential property, 95% of the housing units must be initially purchased and occupied by individuals whose family income is less than or equal to the income requirements for qualified mortgage bond projects under section 143(f) of the Internal Revenue Code. For residential rental property, the property must satisfy the income requirements for a qualified residential rental project as defined in section 142(d) of the Internal Revenue Code. A rental property also satisfies the above requirements if 50 percent of the residential units in the project are occupied by individuals whose income is 80 percent or less of the area median gross income. Additionally, a IIE_ district may be desiQnated a "aualified housing district" it~H of the housing units meet all of the requirements for a low income housing credit (whether such credits are , received or not) under Section 42 of the Internal Revenue Code 011986, as amended through December 31, 1992. Qualified housing districts do not cause any reduction in the local government aid received by the municipality from the State. The above requirements apply for the duration of the district. Failure to comply with these requirements results in application of the duration limits for economic development districts to the district, that is the lessor of (a) nine years from the date of receipt of the first tax increment or (b) 11 years after approval of the TIF Plan. If at the time of the noncompliance, the district has exceeded the duration limits for an economic development district, the district must be decertified effective for taxes assessed in the next calendar year. Tax increments derived from a housing district must be used solely to finance the cost of housing projects as defined above. The cost of public improvements directly related to the housing projects and the allocated administrative expenses of the authority may be included in the cost of a housing project Prepared by: Springsted Incorporated (5/6/98) ~ ". Jr"', TAX INCREMENT FINANCING IN MINNESOTA Housing TIF District Income Limitations Rental Must meet one of the following conditions: (a) At least 20% of the units are occupied by individuals whose income is <= 50% of the area median income (Section 142(d) of the IRC); or (b) At least 40% of the units are occupied by individuals whose income is <= 60% of the area median income (Section 142(d) of the IRC);or (c) At least 50% of the units are occupied by individuals whose income is <= 80% of the area median income (M.S. Section 469.1761, Subd. 3) Owner Occupied General: At least 95% of the units are initially purchased by mortgagors whose family income is <= 115% of the applicable median family income (3+ person family). For 1 & 2 person families the percentage above is reduced to 100%. Targeted Areas: Subject only to the definition of "low to moderate income". "Qualified" Housing TlF District Income Limitations Must meet one of the following conditions: (a) At least 20% of the units are occupied by individuals whose income is <= 50% of the area median income (adjusted for family size); or (b) At least 40% of the units are occupied by individuals whose income is <= 60% of the area median income (adjusted for family size) Must also meet the following condition: Maximum monthly gross rent <= 30% of the maximum monthly gross income (as determined in (a) or (b) above) Prepared by: Springsted Incorporated (5/6198) ". ~, '. ~ \ ; , ~~ CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331.8927. (612) 474-3236 FAX (612) 474-0128. www.state.net/shorewood. cityhall@shorewood,state.net Executive Summary Shorewood City Council Regular Meeting Monday, April 12, 1999 ~ Agenda Item #3A: This is an administrative recommendation to amend the job description of the liquor operations manager position to include specific physical demand requirements. This is required because of the Americans with Disabilities Act. A motion to accept it as an addendum to the job description is requested. Agenda Item #3B: It is necessary to annually enter into an agreement with Hennepin County regarding the City's use of the County's electronic data. This motion would authorize execution of such an agreement. Agenda Item #3C: This resolution authorizes Change Order #2 for the Strawberry Lane pavement reclamation project. This change order is for an amount of $4,324.00 and is related to additional costs accrued due to landscaping and drainage issues. Agenda Item #5B: Enclosed in the packet is material received by the Park Commission and draft minutes from their last meeting regarding their discussioris on making a recommendation to change the Park Dedication Fee. The City Attorney has drafted proposed changes to our ordinance for City Council consideration. Agenda Item #7: Enclosed in the packet is a letter from Terry Roeser who is chairing the Excelsior Fourth of July Committee this year. Terry is asking specifically for the City to contribute toward the celebration through the cost of police being picked up by the Coordinating Committee rather than being billed to the Fourth of July Committee. Secondly she is asking that the City appoint someone to the Fourth of July Committee. Agenda Item #8: City Attorney Tim Keane will report on his recommendation regarding an agreement with consulting engineers OSM making a payment to the City regarding the Ryan lawsuit. Agenda Item #9: This is an opportunity for the City Council to discuss the various sections of the Comprehensive Plan in preparation for neighborhood meetings. Staff will be recommending that the Council consider delaying the final draft of the Comprehensive Plan to give the City Council more of an opportunity to review before the public comment review and before submission. n t.J PRINTED ON RECYCLED PAPER Executive Summary.. City Council Mt:eting of April 12, 1999 Page 20f2 Agenda Item #10: At its last meeting, the Council asked staff to draft some specific goals and objectives for a potential Land Conservation Committee. We have gone through the report and have drafted a goal and some specific objectives for Council to consider during this discussion. Agenda Item #12: City Attorney Tim Keane has prepared for the City Council a memorandum entitled, "Local Emergency Declaration." The six page memorandum should be included as an addendum to the Shorewood Emergency Preparedness Handbook that we reviewed with Bryan Litsey several meetings ago. Please insert it in your booklet. We will briefly review the contents at the meeting. Attached to Tim's memorandum were two publications: "Disaster Planning: Community Risk Management When Things Go Wrong" and "Emergency Contracts." These documents will be at the meeting and can be copied for you upon request. . .0 . . CITY OF SHOREWOOD CITY COUNCIL EXECUTIVE SESSION MONDAY, MARCH 22, 1999 CITY COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD IMMEDIATELYFOLLO~NG REGULAR MEETING MINUTES 1. CONVENE CITY COUNCIL EXECUTIVE SESSION DRAFT Mayor Love called the Executive Session to order at 10:35 p.m. A. Roll Call Present: Mayor Love; Councilmembers Garfunkel, Zerby and Lizee; City Administrator Hurm; City Engineer Brown, Planning Director Nielsen; and City Attorney Absent: Councilmember Stover B. Review Agenda . There were no changes to the agenda as presented. 2. DISCUSSION OF LITIGATION MATTERS Attorney Keane briefed the Council on several legal matters regarding the Lundgren Brothers case. 3. ADJOURN There being no further business, Mayor Love adjourned the meeting at 11 :03 p.m. ATTEST: WOODY LOVE, MAYOR JAMES C. HURM, CITY ADMINISTRATOR j:zA . . CITY OF SHOREWOOD CITY COUNCIL SPECIAL MEETING MONDAY, MARCH 22,1999 CONFERENCE ROOM 5755 COUNTRY CLUB ROAD 6:30 P.M. MINUTES 1. CONVENE CITY COUNCIL SPECIAL MEETING DRA~1 Mayor Love called the Special Meeting to order at 6:30 p.m. A. Roll Call Present: Mayor Love; Councilmembers Garfunkel, Lizee and Zerby Absent: Councilmember Stover B. Review Agenda There were no changes to the agenda as presented. 2. INTERVIEW A CANDIDATE FOR APPOINTMENT TO THE MINNEHAHA CREEK WATERSHED DISTRICT BOARD OF MANAGERS Scott Thomas was intereviewed by those present. Mr. Thomas is seeking endorsement from the City for appointment to the MCWD Board of Mangers. The discussion was intended to assist the City Council to determine whether or not they would pass a resolution recommending Thomas be appointed to the Watershed District Board of Managers by the Hennepin County Board of Commissioners. That resolution was to be considered at the regular meeting scheduled to begin at 7:00 p.m. 3. ADJOURN Mayor Love adjourned the special meeting at 6:50 p.m. ATTEST: WOODY LOVE, MAYOR JAMES C. HURM, CITY ADMINISTRATOR !FzB CITY OF SHOREWOOD CITY COUNCIL MEETING MONDA Y, MARCH 22, 1999 CITY COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING DRAfT Mayor Love called the meeting to order at 7:00 p.m. A. Roll Call Present: Mayor Love; Council members Garfunkel, Lizee and Zerby; Administrator Jim Hurm; Planning Director Brad Nielsen; City Engineer Larry Brown; and City Attorney Tim Keane. . Absent: Councilmember Stover. B. Review Agenda The agenda was accepted as amended: Move Item 3B from the Consent Agenda to 6A, add item 15A, "Endorsing A Candidate For Appointment To The Minnehaha Creek Watershed District," and add item 16A, executive session to discuss litigation matters. 2. APPROVAL OF MINUTES A. City Council Executive Session Minutes - March 8, 1999 . Lizee moved, Zerby seconded to approve the City Council Executive Session Minutes of March 8, 1999, as amended, noting Councilmember Zerby was absent. Motion passed 4/0. B. City Council Regular Meeting Minutes - March 8, 1999 Garfunkel moved, Lizee seconded to approve the City Council Regular Meeting Minutes of March 8, 1999, as presented. Motion passed 4/0. 3. CONSENT AGENDA Garfunkel moved, Lizee seconded approving the Motions contained on the Consent Agenda as presented, and Adopting the Resolutions therein: . A. A Motion to Adopt RESOLUTION #99-016 "A Resolution Approving a Temporary Gambling License - Sons of the American Legion, 24450 Smithtown Road." :;Fzc- CITY COUNCIL REGULAR MEETING MINUTES MARCH 22, 1999 - PAGE 2 MOVED TO AGENDA ITEM 6A: B. A Motion to Adopt RESOLUTION #99-017 "A Resolution Making Appointments to the Shorewood Park Foundation." C. A Motion to Approve an Extension of Deadline for Compliance With a Code Violation Notice Appellant: Andrea Oien and Harold Rochat Location: 4680 Fatima Place Motion ,passed 4/0. 4. MATTERS FROM THE FLOOR Linda Murell, Executive Director of the Excelsior Chamber of Commerce, requested assistance for the 4th of July celebration. Ms. Murell asked for a representative of the City of Shorewood . for a Planning Committee for the event. Ms. Murell also requested funding to defray costs of safety issues and refuse issues. Ms. Murell stressed that any funding granted would not be put toward fireworks. Mayor Love stated that this request would be put on the agenda for the next City Council meeting. 5. PRESENTATION OF PRE-BOARD OF REVIEW REPORT BY CITY ASSESSOR TOM CARROLL City & County Assessors Tom Carroll, Jeff Olsesen and Keith Rennerfeldt were present. City Assessor Tom Carroll presented the assessment plan for the City of Shorewood. He explained the first step was to reevaluate a portion of the City, then reevaluate homes that have . been sold or had building permits issued. Keith Rennerfeldt, Hennepin County Assessor, presented a report that included various . comparisons and information regarding many different cities in Hennepin County, for comparison purposes. 6. PARKS - Report by Representative Commissioner Arnst reported on the March 9th Park Commission meeting as reported in the minutes, highlighting comments regarding the Trail Plan and some problems at Freeman Park. 6A. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION MAKING APPOINTMENTS TO THE SHOREWOOD PARK FOUNDATION CITY COUNCIL REGULAR MEETING MINUTES MARCH 22,1999 - PAGE 3 Councilmember Lizee questioned if the role of the Shorewood Park Foundation needs to be redefined by the City Council. Commissioner Arnst stated that having the Council work with the Park Commission should provide enough direction. Councilmember Garfunkel asked if this position was advertised to see if more citizens are interested in applying for the position. Mayor Love agreed that when positions such as this become vacantwere open, they should be advertised. Mayor Love then appointed Councilmember Zerby as liaison to the Park FoundationCommission. 7. PLANNING - Report by Representative . Commissioner Collins reported on the L-R District Open House and the Planning Commission meeting of March 16 as reported in the minutes, highlighting discussion on the Comprehensive Plan and Senior Housing. 8. PRESENTATION BY KATHY TIMBERG ON THE MINNEWASHTA SCHOOL WETLAND PROJECT & REQUEST FOR FUNDS Kathy Timberg presented the Wetlands Watch Program undertaken by the Minnewashta 5th Grade, including the goals of the program and the process taken by the students to test and record the quality of various wetlands. She advised that transportation funds are still needed to get students to the sites. Six field trips are needed at approximately $65.00 per trip so the total transportation funding needed was $390.00. . Councilmember Lizee suggested splitting this funding with Tonka Bay, as some of the testing sites are located there, as well as in Shorewood. Councilmember Garfunkel asked if the parents could pay a fee for the students to participate in these field trips. Mayor Love indicated he believed the community would receive a lot of information from this project and expressed enthusiasm for the requested funding. However, he agreed staff could look into some other funding sources for the future. Councilmember Zerby asked if the City can give gifts such as this. Attorney Keane stated that this would be looked at as environmental education, and a grant would be appropriate. Mayor Love suggested matching grants from other cities that are affected. CITY COUNCIL REGULAR MEETING MINUTES MARCH 22,1999 . ,PAGE 4 Councilmember Garfunkel stated he does not feel that the City should fund the school district. He indicated that funding from the parents would be more appropriate. Lizee moved, Zerby seconded a motion to grant funding of $100.00 to the Wetlands Watch Program, if funding is matched from Tonka Bay and Chanhassen. Motion passed 3/1 (Garfunkel opposed). 9. CONSIDERATION OF A REQUEST TO DONATE WATER ASSESSMENT TO MN LAND TRUST Administrator Hurm reported that the previous owner of the Eureka Road Reserve had owed $4,400.00 for a water assessment, which was paid to the City upon sale of the property to the Eureka Road Homeowner's Association. Minnesota Land Trust is requesting the City contribute to a stewardship fund which is used to monitor properties set aside through this means. The suggested contribution is the amount of the water assessment paid to the City. City Attorney Keane advised it is not appropriate to use funds that are set aside for water debt service to be used for other purposes. . Staff was directed to notify both the homeowner's association and the Minnesota Land Trust of this discussion. No motion was made. 10. DISCUSSION ON EMERGENCY PREPAREDNESS POLICY Police Chief Litsey reviewed the Disaster Preparedness Policy. Handbooks were presented for each Councilmember regarding emergency procedures. Administrator Hurm stressed the importance of knowing ahead of time how to handle an . emergency and the importance of keeping any personal information up-to-date. Hurm then . reviewed the handbook and answered questions from Councilmembers. Engineer Brown reported on the arrangement between Shorewood and Hennepin County to handle emergency power outages and other emergencies. Councilmember Zerby suggested holding a simulated emergency situation to help understand the process. Councilmember Garfunkel questioned the ramifications of declaring an emergency. Attorney Keane indicated he will provide a memo explaining the process and the criteria for declaring a state of emergency. . . CITY COUNCIL REGULAR MEETING MINUTES MARCH 22,1999 - PAGE 5 Garfunkel moved, Lizee seconded to accept the Emergency Preparedness Policy Handbook. Motion passed 4/0. 11. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION SUPPORTING REPEAL OF THE STATE SALES TAX FOR LOCAL GOVERNMENT PURCHASES Garfunkel moved, Lizee seconded to adopt RESOLUTION 99-018 "A Resolution Supporting Repeal of the State Sales Tax for Local Government Purchases." Motion passed 4/0. 12. CONSIDERATION OF A REQUEST FOR. ADDITIONAL TIME TO COMPLY WITH A ZONING VIOLATION NOTICE Appellant: Steve Melco Location: 5770 Smithtown Circle Planning Director Nielsen reported on the zoning violation, stating that Mr. Meleo had a tree service business from his home. Mr. Meleo had applied for a Conditional Use Permit to run this business and was requesting an indication so he knew if the Conditional Use Permit was likely to pass before he spent the time and money to pursue this course of action. Nielsen advised that the violation came to the attention of the City due to resident complaint. Mr. Meleo indicated that he would comply with whatever conditions the Conditional Use Permit indicates. Mayor Love voiced concern about this type of business in a residential area since a tree service sometimes requires large equipment. Council member Garfunkel stated that visibility was the issue since the company was only based at this location and not working from there. He suggested that this issue be addressed on the Conditional Use Permit. Planning Director Nielsen stated that in the past no equipment has been permitted. At this point, the Council needs to identify the issues and indicate to Mr. Meleo whether or not to continue with the Conditional Use Permit process. Mr. Meleo then questioned where the complaint carne from. Planning Director Nielsen answered that legally the identity is confidential. Mayor Love agreed with Councilmember Garfunkel that the issue was not one of running a business out of a home, but the visibility of the equipment. Council member Zerby stated that if Mr. Meleo can comply with the Zoning Code, he sees no reason why a Conditional Use Permit would not be granted. - Zerby moved, Garfunkel seconded a motion to grant an extension until May 14, 1999 for Mr. MeIco to complete the process of obtaining a Conditional Use Permit, or to comply with current zoning. Motion passed 4/0. CITY COUNCIL REGULAR MEETING MINUTES MARCH 22, 1999 - PAGE 6 13. CONSIDERATION OF RECOMMENDATIONS FUTURE OF LAND CONSERVATION Administrator Hurm gave a presentation on the Land Conservation Action Plan. Mr. Svoboda then addressed the Council and asked for direction on the forming of a Land Conservation Committee. Planning Director Nielsen emphasized the importance of advertising and publicity to make the citizens aware of the conservation issues facing Shorewood. Administrator Hurm suggested that Councilmembers contact councilmembers from other cities who have a Land Conservation Committee to request additional information. . Councilmember Garfunkel stated that the draft ordinance was quite open ended, and indicated he would like to see more concrete, measurable goals laid out. Mayor Love suggested directing staff to draft specific objectives and direction for the Land Conservation Committee which the Council can vote on at that time. 14. DISCUSSION ON COMPREHENSIVE PLAN A. Transportation Chapter B. Community Facilities Chapter Planning Director Nielsen explained that discussion of the Comprehensive Plan Transportation . and Community Facilities chapters was tabled from the last meeting. Both of the chapters have been referred to the Park Commission, who will discuss it at their next meeting. He noted the MSA section in the Transportation chapter still needs to be rewritten, and the 'water' section in the Community Facilities chapter also needs to be rewritten. The current policy for City water will be written down, and then studied. Nielsen asked for written comments on these two chapters which will be forwarded to the Park Commission and the Planning Commission. Councilmember Zerby suggested this be considered at work session rather than a meeting, to facilitate more in-depth discussion. Mayor Love indicated he would still like to submit written comments to Nielsen to summarize, which would then pinpoint areas of concern. It was noted that the work. session was scheduled for next Monday, March 29, 1999, at 7:00 p.m. - CITY COUNCIL REGULAR MEETlNG MINUTES MARCH 22,1999 - PAGE 7 15. ADMINISTRATOR & STAFF REPORTS Administrator Hurm reported on the Community Development Block Grant Program, which was a federal program in which Shorewood had received funding. . However, there was now a "Hennepin County Pool" which made the program very competitive, rather than having funds dedicated to specific communities. Planning Director Nielsen reported on the L-R District Open House. He advised that a public hearing was scheduled in May regarding the updates. A public hearing for Eagle Crest was scheduled in April. He noted the Park Commission is meeting the next evening regarding the Comprehensive Plan sections, as it pertains to trails. Also, the Gideon's Woods billboard issue had been sent back to the City to determine a civil, or criminal suit. Nielsen advised that the County Road 19 property grant application had been submitted. . 15A. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION ENDORSING A CANDIDATE FOR APPOINTMENT TO THE MINNEHAHA CREEK WATERSHED DISTRICT Lizee moved, Zerby seconded a motion adopting RESOLUTION NO. 99-018. "A Resolution Endorsing Scott Thomas as a Candidate for Appointment to the Minnehaha Creek Watershed District." Motion passed 4/0. 16. MAYOR & CITY COUNCIL REPORTS Mayor Love reported that there was more discussion on the ambulance and emergency response at the Fire Department Review Committee meeting of March 9, 1999, and another meeting was scheduled for March 23. . CITY COUNCIL REGULAR MEETING MINUTES MARCH 22,1999 - PAGE 8 17. ADJOURN Garfunkel moved, Lizee seconded to adjourn at 10:30 p.m. to an Executive Session. Motion -passed 4/0. RESPECTFULLY SUBMITTED, Kristine Kitzman, Recording Secretary TimeSaver Off-Site Secretarial, Inc. ATTEST: ATTEST: WOODY LOVE, MAYOR . JAMES C. HURM, CITY ADMINISTRATOR . CITY OF SHOREWOOD CITY COUNCIL WORK SESSION MONDA Y, MARCH 29,1999 CITY COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL WORK SESSION MEETING DRA~Y Mayor Love called the meeting to order at 7 :07 p.m. A. Roll Call Present: Mayor Love; Councilmembers Lizee and Zerby; Administrator Jim Hurm; Planning Director Brad Nielsen; City Engineer Larry Brown, Finance Director Al Rolek, and City Attorney Tim Keane. . Absent: Councilmembers Stover and Garfunkel. B. Review Agenda The agenda was accepted as presented. 2. DISCUSSION ON COMPREHENSIVE PLAN A. Community Facilities Chapter . Planning Director Nielsen recapped the content of the Community Facilities chapter, including but not limited to: sanitary sewer; city water; storm sewer; parks and recreation; and public safety. Nielsen stated that the City water policy is the most urgent. The current policy has been written down, needs to be studied, and possibly changed before June. Nielsen presented the water policy prior to 1995, the water policy included in the 1995 Comprehensive Plan, and the current water policy. Nielsen then requested that the current policy, with any changes, be incorporated into the Comprehensive Plan. Mayor Love asked if the current policy has been easy to discuss with the public when they present questions. Planning Director Nielsen replied that the current Ordinance is very convoluted and needs to be rewritten. The actual policies, however, are fairly clear, although developers are not in agreement with the fee for new lots ($10,000), finding it excessive as in comparison to the fee for existing lots to hookup ($5,000). Mayor Love stated that he is in favor of expansion of the City water system and believes the current policy seems results in contractors not using City water due to the fees. Planning Director Nielsen stated that if all feasible lots were to hook up to City water, and average of $7,500 per lot would be the minimum required. Nielsen then explained how the $10,000 minimum was arrived at and agreed that some discussion may be needed. - #Zb CITY COUNCIL WORK SESSION MINUTES MARCH 29,1999. PAGE 2 Administrator Hurm stated that the fee of $10,000 is actually accurate for fees needed when new lots are put on the City water system. Engineer Brown stated that the breakdown for new lots could be re~figured, but the fee would probably not change significantly. Finance Director Rolek explained that while not making the City a lot of money, the City water system does remain in the "black." Councilmember Lizee asked if any of the funds went into repair and replacement. Finance Director Rolek answered that the bottom line does encompass repair, replacement, and . upkeep. Mayor Love again stressed the importance of offering incentives for new lots, as opposed to the current policy which seems to penalize new lots unfairly. Administrator Hurm reiterated that when the study was done, the fees were found to be accurate. Engineer Brown suggested that a new study be done to see if these fees are still accurate. Councilmember Lizee and Mayor Love both expressed concern about more private wells being drilled as opposed to hooking up to City water. Mayor Love also expressed disagreement with the point that one person could stop an entire street from connecting to City water. He suggested a balance needs to be reached between forced . connection and approval by all residents. Councilmember Lizee questioned if road reconstruction follows the water system at all, so new connections could be added when the road was already dug up. Engineer Brown stated that it is not, as expansion of the City water system was put on hold since no policy exists for the water system. Mayor Love stated that more information is needed regarding water rates, road reconstruction plans, and cost structure of hookups versus new lots. Mayor Love requested a time line to give direction to the Planning Commission. Planning Director Nielsen stated that public meetings were tentatively scheduled for May. Mayor Love stated that a full Council should be in attendance before more specific direction can be given to the Planning Commission, and asked if Staff has enough direction for now. Planning Director Nielsen stated that Staff can gather the additional information that has been requested. - CITY COUNCIL WORK SESSION MINUTES MARCH 29, 1999. PAGE 3 Mayor Love noted that the issue will come back to the City Council in April, when more Council members are present. Council member Lizee asked if TlFing (Tax Increment Financing) the City Water System would be feasible. Attorney Keane replied that these options have been constantly changing and he can have more information on the current TlF procedures for the April meeting. . Mayor Love requested that another study be done regarding undergrounding of utilities In conjunction with road rebuilding. Mayor Love suggested moving to Executive Session, and leaving items 2B and 2C until more Council members are present. Planning Director Nielsen stated that some written comments were received, and Staff can act on these and have updated information for the April meeting. At 8:15 pm Mayor Love called a 10 minute recess, after which Council convened in Executive Session to discuss litigation matters with the City Attorney. RESPECTFULL Y SUBMITTED. . Kristine Kitzman, Recording Secretary TimeSaver Off Site Secretarial, Inc. ATTEST: ATTEST: WOODY LOVE, MAYOR JAMES C. HURM, CITY ADMINISTRATOR ,. " CITY OF SHOREWOOD CITY COUNCIL EXECUTIVE SESSION MONDA Y, MARCH 29, 1999 CITY COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 8:30 P.M. MINlITRS 1. CONVENE CITY COUNCIL EXECUTIVE SESSION DRAft Mayor Love called the Executive Session to order at 8:30 p.m. A. Roll Call Present: Mayor Love; Council members Zerby and Lizee; City Administrator Hurm; City Engineer Brown, Planning Director Nielsen, Finance Director Rolek; and City Attorney Keane . Absent: Councilmembers Stover & Garfunkel B. Review Agenda There were no changes to the agenda as presented. 2. DISCUSSION OF LITIGATION MATTERS Attorney Keane briefed the Council on several legal matters regarding the Lundgren Brothers case. 3. ADJOURN There being no further business, Lizee moved, Zerby seconded to adjourn the meeting at 9:07 . p.m. ATTEST: WOODY LOVE, MAYOR JAMES C. HURM, CITY ADMINISTRATOR .#ZE . . CITY OF SHOREWOOD Physical Demands & Job Description Supplement Position: Liquor Operations Mana~er Department: Administration WORK ENVIRONMENT: PHYSICAL DEMANDS Physical Activity Frequency N = Never S = Seldom - represents 1-5% 0= Occasional - represents 6-33% F = Frequently - represents 36 - 66% C = Continuous - represents 67 - 100% Check X Walkin X Sittin X Standin Fre . Describe: F F lace 0 X Use feet for repetitive movements o Stockin shelves N F Vacuumin shelf sockin o Stockin shelves o Stockin shelves F Stockin shelves, hel in customers F Cash register C C C F Page 10f2 #311 In Comments N 20 C and shelvin stock S 50 C and shelvin stock S 50 C and shelvin stock S 50 C and shelvin stock S 50 C and shelvin stock Ph sical Senses: X Vision X Color vision X Hearin X Talking X X All areas of oSition Identification of roduct labels Tele hone, customers Communicate problems & solutions: communicating with customers, vendors, coworkers and em 10 ees Broken beer, wine, Ii uor bottles Product size . X Heat, cold, fre uent tem X Wet, d X Noise Vibrations Un rotected hei hts X Electrical hazards X Mechanical hazards (equip., movin arts X Time sent outside 2% X Time sent inside 93% X Time sent in vehicle 5% . Describe Store management, attending Commission and Committee meetin s Cooler Floor conditions Tical office and maintenance e ui ment . Electrical hazards Equipment, moving parts Variable Variable Variable Additional Requirements: (i.e. driving, reading) Physical exam required. Approved by the Shorewood City Council on . Page 2 of2 .. CITY OF SHOREWOOD RESOLUTION NO~ 99-_ RESOLUTION AUTHORIZING MAYOR AND CITY ADMINISTRATOR TO EXECUTE A CONDITIONAL USE LICENSE AGREEMENT WITH HENNEPIN COUNTY . WHEREAS, the City of Shorewood (City) has a desire to obtain electronic parcel specific data from Hennepin County (County); and WHEREAS, in order for the City to obtain the desired information, the City must first execute a Conditional Use License Agreement with the County, estabIishing criteria for the use of such data. NOW, THEREFORE, BE IT RESOLVED that the Shorewood City Council hereby authorizes and directs the Mayor and the City Administrator to execute the Conditional Use License Agreement on behalf of the City. ADOPTED by the Shorewood City Council this 26th day of April, 1999. . ATTEST: Woody Love, Mayor James C. Hurm, City Administrator/Clerk /J r2 -~ l""-': ~. ~ ,. Agreement No. HENNEPIN COUNTY CONDITIONAL USE LICENSE AGREEMENT THIS AGREEMENT, made by and between the COUNTY OF HENNEPIN, Taxpayer Services Department, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "County", and the City of Shore wood, hereinafter referred to as the "Entity". For purposes of this Agreement, the address of the County is A703 Government Center, Minneapolis, Minnesota 55487-0073 and the address of Entity is 5755 Country Club Road, Shorewood, Minnesota 55331. WITNESSETH . WHEREAS, the County has developed electronic forms of certain data bases and an electronic proprietary geographical digitized data base hereinafter referred to as "EPDB"; and WHEREAS, the Entity desires to use the County's EPDB in the course of conducting the Entity's business; and WHEREAS, in acknowledgment of the Entity's above-stated purpose, the County is agreeable to provide to the Entity the EPDB, and WHEREAS, the parties agree that the execution of this Agreement is necessary in order to adequately protect said EPDB; and WHEREAS, the County exclusively owns the EDPB which is the subject of this Agreement and has the authority and legal right to grant Entity a license to have and use the EPDB as provided in this Agreement; and . WHEREAS, the EPDB is trade secret or confidential information under the Minnesota Government Data Practices Act and is governed by Minnesota Statutes sections 375.86 and 13.03 as well as other applicable state and federal law. NOW THEREFORE, in consideration of the premises, as well as the obligations herein made and undertaken, the parties hereto, intending to be legally bound, hereby agree as follows: Form 1 (10 / 98) . 3.1 . Section 1 SCOPE OF AGREEMENT 1.1 This License Agreement shall apply to the EPDB, which Hennepin County will provide to Entity, after a specific request has been made to County. Section 2 GRANT OF LIMITED LICENSE. 2.1 The County hereby grants the Entity a non-exclusive, nontransferable and nonassignable limited use license to use the EPDB which includes self developed computer software under Minn. Stat. ~ 375.86. Said license shall commence on the date of approval of this Agreement by the County and shall extend throughout the term of the Agreement unless terminated sooner, in accordance with the provisions hereof. Section 3 ACKNOWLEDGMENT OF PROPRIETARY INFORMATION RESERVATION OF TITLE The Entity acknowledges and agrees that the EPDB is the exclusive property of the County, including, but not limited to, any and all indexes, and includes commercially valuable information which reflect the efforts of skilled development experts and required the investment of considerable amounts of time and money, and that the County has treated the EPDB as trade secret and confidential information, which County entrusts to the Entity in confidence to use in the conduct of the Entity's business. The Entity further acknowledges and agrees the EPDB is a creative selection, coordination, arrangement and method of arrangement of data which is identified as being subject to copyright protection; is self-developed computer software under Minn. Stat. ~ 375.86 and is an entire or substantial and discrete portion of a pattern, compilation, method, technique, process, data base or system developed with significant expenditure of funds by County under Minn. Stat. ~ 13.03. The Entity agrees that the County owns and reserves all rights, protection and benefits afforded under federal copyright law in all EPDB furnished to the Entity as unpublished works, as well as all rights, protection and benefits afforded under any other law relating to confidential and/or trade secret information respecting said EPDB, and that the Entity will abide by all relevant laws, rules, regulations and decisions which afford protection to the County for its confidential and trade secret information and said copyright. This Agreement does not effect any transfer of title in or to any EPDB of the County. The Entity acknowledges that it is granted only a limited right of use of such EPDB, which right is not coupled with an interest, and the Entity shall not assert nor cause or cooperate with others to assert any right, title, or interest in any EPDBofthe County. 2 Section 4 PROTECTION OF PROPRIETARY INFORMATION 4.1 Obligations of Confidentiality, Limitations of Use. The Entity shall neither disclose, furnish, sell, resell, transfer, duplicate, reproduce nor disseminate, in whole or in part, the EPDB of the County and its unique design, arrangement or method of arrangement in its electronic form furnished to the Entity to (1) any other person, firm, entity, organization, or subsidiary, except as expressly authorized hereunder; or (2) any employee of the Entity who does not need to obtain access thereto in connection with the Entity's exercise of its rights under this Agreement. The Entity may have and use the EPDB on a corporate-wide basis and shall have the rights to use the EPDB on a limited number of sites, provided the equipment on which the EPDB is maintained supports only equipment operated by the Entity and the EPDB is used only for the conduct of the Entity's own internal business by Entity employees. All employees having access to the EPDB shall be informed of the requirements contained in Section 4 herein. The Entity shall not otherwise copy or reproduce any EPDB of the County. Under no circumstances may the entity disclose or . disseminate any EPDB to any other public or private entity. The obligations of the Entity to protect confidentiality which are established by this Agreement apply to the EPDB itself and not to any graphic representation or products produced by the Entity while using the EPDB. Any authorized consultants, contractors or agents of Entity must properly execute and file a separate EPOB Conditional Use License Agreement with Hennepin County. The Entity expressly agrees to use the County's EPDB in the ordinary course of its business and all such use shall bear a notice of copyright by Hennepin County. 4.2 Secure Handling. The Entity shall require that all EPDB be kept in a secure location at 5755 Country Club Road, Shorewood, MN 55331and maintained in a manner so as to reasonably preclude unauthorized persons from having access thereto. The Entity shall devote its reasonable efforts to ensure that all persons afforded access to EPDB protect . same against unauthorized use, dissemination or disclosure. Entity agrees it will not knowingly or negligently allow its employees, agents or independent contractors to copy, sell, disclose or otherwise make the EPDB available to others. Entity agrees to immediately notify the County by telephone and in writing if Entity becomes aware of any unauthorized duplication, sale or other disclosure. Entity further agrees to prevent unauthorized disclosure by taking appropriate security measures including, but not limited to, providing physical security for copies of the EPDB and taking all steps Entity takes to protect information, data or other tangible and intangible property of its own that Entity regards as proprietary, confidential or nonpublic. Except for off-site backup, the Entity shall not remove or cause or allow to be removed from the Entity's place of business or the place of business of any EPDB or any copy thereof without the prior written consent of the County, which consent shall not be unreasonably withheld. 4.3 Assistance of the Entity. At the request of the County and expense of the Entity, the Entity shall use good faith and reasonable efforts to assist the County in identifying any 3 use, copying, or disclosure of any EPDB by any current or former Entity personnel -- or anyone else who may have come in possession of said EPDB while the same was in the Entity's possession - in any manner that is contrary to the provisions of this Agreement so long as the County shall have provided the Entity with information reasonably justifying the conclusion of the County that such contrary use may have occurred. 4.4 Survival of Confidentiality Obligations. The Entity's obligations respecting confidentiality of the EPDB shall survive termination of this Agreement for any reason and shall remain in effect for as long as the Entity continues to possess or control any EPDB furnished by the County. In addition, the County shall remain entitled to enforce its copyright and propriety interests in all EPDB. Section 5 TERM, TERMINATION . 5.1 The Entity and the COUNTY agree that this Agreement is in effect during the period commencing January 1, 1999 and terminating December 31, 1999. This Agreement shall commence from the date hereof, unless sooner terminated by either party with cause upon three (3) calendar days' written notice to the other. The expiration or termination of this Agreement shall automatically and without further action by the County terminate and extinguish the license. In the event of any such expiration or termination, the County shall have the right to take immediate possession of said EPDB, and all copies thereof wherever located, and without demand or notice. Within five (5) days after expiration or termination of this Agreement, the Entity shall return the EPDB and all copies thereof to the County, or upon request by the County, the Entity shall destroy all of the same and all copies thereof and certify in writing to the County that the same has been destroyed. . 5.1.1 It is agreed that any right or remedy provided for herein shall not be considered as the exclusive right or remedy but shall be considered to be in addition to any other right or remedy hereunder or allowed by law, equity or statute. 5.1.2 The County's failure to insist upon strict performance of any covenant, agreement or stipulation of the Agreement, or to exercise any right herein contained shall not be a waiver or relinquishment of such covenant, agreement, stipulation or right, unless the County stipulates thereto in writing. Any such written consent shall not constitute a waiver or relinquishment of such covenant, agreement, stipulation or right. 4 Section 6 INJUNCTIVE RELIEF 6.1 The Entity acknowledges and agrees that unauthorized disclosure or use of the EPDBor any part thereof could cause irreparable harm and significant injury to the County, which may be difficult to measure with certainty or to compensate through damages. Accordingly, the Entity agrees that the County may seek and obtain against the Entity and/or any other person or entity injunctive relief against the breach or threatened breach of the foregoing undertakings, in addition to any other equitable or legal remedies which may be available. Section 7 OTHER TERMS AND CONDITIONS 7.1 No Agency. The parties hereto are independent contractors, and nothing herein shall be construed to create an agency, joint venture, partnership or other form of business association between the parties hereto. . 7.2 No Waiver. No delay or omission by either party hereto to exercise any right or power occurring upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof unless the same is consented to in writing. A waiver by either of the parties hereto of any of the covenants, conditions, or agreements to be observed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition, or agreement herein contained. All remedies provided for in this Agreement shall be cumulative and in addition to, and not in lieu of, any other remedies available to either party at law, in equity, or otherwise. 7.3 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. . 7.4 Entire Agreement. This License Agreement constitutes the entire Agreement between the parties, and there are no understandings or agreements relative hereto other than those that are expressed herein. No change, waiver, or discharge hereof shall be valid unless in writing and executed by the party against whom such change, waiver, or discharge is sought to be enforced. 7.5. No Assignment. Neither party shall assign, sublet or transfer this Agreement, either in whole or in part, without the prior written consent of the other party, and any attempt to do so shall be void and of no force and effect. 7.6 THE ENTITY AGREES THAT THE COUNTY IS FURNISmNG THE EPDB ON AN <<AS IS" BASIS, WITHOUT ANY SUPPORT WHATSOEVER, AND WITHOUT REPRESENTATION OR ANY EXPRESS OR IMPLIED 5 WARRANTIES, INCLUDING BUT NOT IN ANY MANNER LIMITED TO, FITNESS FOR PARTICULAR PURPOSE, MERCHANT ABILITY OR THE ACCURACY AND COMPLETENESS OF THE EPDB. THE COUNTY'S SOLE LIABILITY AND THE ENTITY'S EXCLUSIVE REMEDY FOR ANY SUBSTANTIAL DEFECT WHICH IMPAIRS THE USE OF THE EPDB FOR THE PURPOSE STATED HEREIN SHALL BE THE RIGHT TO TERMINATE THIS AGREEMENT. . THE COUNTY DOES NOT WARRANT THAT THE EPDB ARE ERROR FREE. THE EPDB WERE DEVELOPED FOR THE COUNTY'S OWN INTERNAL BUSINESS PURPOSES AND THE COUNTY DOES NOT REPRESENT THAT THE EPDB CAN BE USED FOR NAVIGATIONAL, TRACKING OR ANY OTHER PURPOSE REQUIRING EXACTING MEASUREMENT OF DISTANCE OR DIRECTION OR PRECISION IN THE DEPICTION OF GEOGRAPHIC FEATURES. THE COUNTY DISCLAIMS ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, RESPECTING THIS LICENSE AGREEMENT OR THE EPDB. . 7.7 In no event shall the County be liable for actual, direct, indirect, special, incidental, consequential damages (even if the County has been advised of the possibility of such damage) or lost of profit, loss of business or any other financial loss or any other damage arising out of performance or failure of performance of this Agreement by the County. The County and the Entity agree each will be responsible for their own acts and omissions under this Agreement and the results thereof to the extent authorized by law and shall not be responsible for the acts or omissions of the other party under the Agreement and the results thereof. The parties' respective liabilities shall be governed by the provisions of the Municipal Tort Claims Act, Minnesota Statutes Chapter 466, and other applicable law. This paragraph shall not be construed to bar legal remedies one party may have for the other party's failure to fulfill its obligations under this Agreement. 7.8 Notice. Any notice or demand shall be in writing and shall be sent registered or certified mail to the other party address as follows: To the Entity: City of Shorewood 5755 Country Club Road Shorewood, MN 55331 6 To Hennepin County: Hennepin County Administrator A-2300 Government Center (233) Minneapolis, MN 55487-0233 Copy to: Robert L. Hanson Hennepin County Chief Information Officer A-1900 Government Center (190) Minneapolis, MN 55487-0190 Copy to: Patrick H. O'Connor Director, Taxpayer Services Department A-600 Government Center (060) Minneapolis, MN 55487-0060 7.9 Whereas Clauses. The matters set forth in the "Whereas" clauses on page one of this Agreement are incorporated into and made a part hereof by this reference. . 7.10 Survival of Provisions. It is expressly understood and agreed that the obligations and warranties of the Entity under Sections 3, 4,5,6, 7.6, and 7.7 hereof and the obligations and warranties of the Entity and the County which by their sense and context are intended to survive the performance thereofby the Entity and the County, shall so survive the completion of performance and termination or cancellation of this Agreement. 7.11 Authority. The person or persons executing this License Agreement on behalf of Entity represent that they are duly authorized to execute this License Agreement on behalf of Entity and represent and warrant that this License Agreement is a legal, valid and binding obligation and is enforceable in accordance with its terms. . 7 COUNTY ADMINISTRATOR APPROVAL ENTITY, having signed this agreement, and the County having duly approved this agreement on the _ day of , 19_, and pursuant to such approval, the proper County officials having signed this contract, the parties hereto agree to be bound by the provisions herein set forth. Approved as to form and execution COUNTY OF HENNEPIN STATE OF MINNESOTA Assistant County Attorney Date: By: Assistant/Deputy/County Administrator . CITY OF SHOREWOOD By: Mayor And: City Clerk / Manager . Form 1 (10/98) 8 ~ . . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (612) 474-3236 FAX (612) 474-0128. www.state.neUshorewood . cityhal/@shorewood.state.net MEMORANDUM TO: FROM: DATE: RE: Strawberry Lane Reclamation Project City Project 95-17 Change Order 2 As the Strawberry Lane project approaches completion, the final accounting of the project is to be completed. This change order 2 addresses additional quantities outside of the original contract amount which the contractor was directed to install during the construction. Items added or changed during the contract are as follows: Additional Landscaping Costs $ 2,584 · Additional sod was installed to repair areas where construction encroached. · Additional materials were transplanted and added to relocate landscaping along properties to clear the. right of way and utility corridor of major obstacles. Additional Drains $ 1,740 During a walkthrough of the project, 2 driveways and a low area were identified as pocketing water. It is proposed that the' contractor Hardrives return to the site and install a smaller drain along side the roadway and or driveways to resolve these issues. Any excavation to be performed will be completed outside of the paved surface. The cost of mobilization, installation of the drains, and restoration is $580.00 each. Ii 3C ft ~.1. P"",TED ON RECYCLED PAPER Strawberry Lane Project Change Order 2 April 8, 1999 Page 2 of2 The total change to the contract amount for Change Order 2 is $4,324.00 The following is a current tabulation of construction costs for the project: Original Contract Amount: Change Order 1 Change Order 2 Total Revised Contract $ 194,554.00 $ 1,029.60 $ 4.324.00 $ 199,907.60 If approved, the revised contract amount of $199,907.60 represents a 2.75 percent change over the life of the contract. Staff is recommending approval of change order 2. A resolution is attached for your consideration. . . " CITY OF SHOREWOOD RESOLUTION NO. 99 - A RESOLUTION AUTHORIZING CHANGE ORDER 2 TO CONTRACT FOR STRAWBERRY LANE PAVEMENT RECLAMATION PROJECT WHEREAS, on June 8, 1998 the City of Shorewood entered into a Contract with Hardrives, Inc, for the Strawberry Lane Pavement Reclamation Project, City Project 95-17; and . WHEREAS, the Director of Public Works and Representatives ofWSB and Associates, Inc have identified work outside the Contract which has a benefit to said project; and WHEREAS, the Director of Public Works and Hardrives, Inc. have agreed to the conditions set forth as Change Order 2 to the Contract, attached hereto as "Exhibit ,N': NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. That the Mayor and City Administrator/Clerk are hereby authorized to execute Change Order 2 in the amount of $4,324.00 to the Contract for the Strawberry Lane Pavement Reclamation Project, City Project 95-17. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 12th day of April, 1999. . WOODY LOVE, MAYOR ATTEST: JAMES C. HURM, CITY ADMINISTRATOR CHANGE ORDER NO. ~ · ., Strawbeny Lane Street ImprowmenW . . City of Shol'8wood Pro'eGt No. !5-1'1 WSB Project No. 1074.14 Owner: City of Sharewaad Contra~or: Han1rives, Inc. Date of Issuance: Engioeer: AprilS. 1999 wse & Associates. Inc. .. You are directed to make me following chneo in ltle ContnrctDocumenl descriptior1: ne Engineer upon review and 8PProvlli~ !he CitY of Shorewood requested the aonttaetor to perform the fallowing werle: 1. landscaping; As iI re61At of thO constnAdiOt' necessary to c:omofetelhe projec:t. addltlanallsnd6caping work was I'\ecessary 10 restare existing I_r'$caplng disturbed by canstNQion. Therefore. the contradDr was requested to perform extra work on a time and matotti.. basis with payment made on a lump sum baSIs fOr $2,584.00. 2. Fa",r-Inch (4" PVC surfac8 drain. with metsl grate and siw restoration; As 8 result of three (3) aide yard depressions. tne . ccntrac::tor was requested to flIrnttn. inslsU four-inch (4' PVC surface drains and restore the sites once the weft( is ' compl.ted to its original condJUOtl. This watk will be paid rot per each 4" ~C surface drain canatnlc:ted at a unit price of sseo.OOper each. ..' INCREASE - ...- ... .---...-.-. ..-.. ,,' TOTAL UNIT UNIT ITE QlY PRICE TOT~ , Lump Sum $2,584.00 $2,5!4.00 -.- .' 3 Each $580.00 $1.740.00 .-., -. .. .-' .. ." .. . .. .. TOTAU $4.324.00 DESCRIPTION 1. Land&caping __... . -. u':' . . 2. .." PVC $utfaO:J Drain 'N1Mela1 Gnlle "SIte Restoratlon .....0' __ ....-... - CHANGE IN CONTRACT PRICE Original Cof'ltract PI1c:e: CHANGE IN CONTRACT TIME $194,554.00 Original Contract Time: N/A --.-......... .........-.. ....--".- -.-- PreviQU8 Change Ordere: No.1 10 1 1029.8 Net Change from Previout Change On:fers: None . ~ - ContralOt Price Prior to This Change Order. $195,583.60 Contrad Time Prior to This Change Order. N/A .-....-.... . .-....... .....-- ... -- .-. .... .' .... .......- ...--- Net Inerease of This Change Order: $4,324.00 Net Increase cf Change Order: None _...__..~ ....... "0 ..... ._. --'. -... -. Contract Price With All Approved Chane..Orders: Recommended Eb': $199.907.8D COntnId Tlme With Approved Change Orders: NlA .. .... '_'_" . ..._......... ......... . .. ,'_ ._........._......... .0. "" o. '" 0Dn81d W. S18~~. ,.f- ac.~ Approved By: H drives Inc. COnttadOf Dete at Coundl ActIon: wse & Ass . c. EngIneer :- City Administrator Exhibit A .. CITY OF SHOREWOOD PARK COMMISSION MEETING TUESDAY, MARCH 23, 1999 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. MINUTES Do ^ [:1' i\Xr. 1. CONVENE PARK COMMISSION MEETING Co-chair Arnst called the meeting to order at 7:31 p.m. A. Roll Call Present: Co-chairs Arnst and Dallman; Commissioners Colopoulos, Puzak, Themig, and Cochran; Administrator Jim Hurm; Council Liaison Zerby . B. Review Agenda Cochran moved, Colopoulos seconded to approve the agenda as submitted. Motion passed unanimously. 2. APPROVAL OF MINUTES A. Park Commission Minutes of March 9, 1999 . The following corrections were noted: Page 3, paragraph 4, sentence 1: Delete the second "t" at the end of the word "point." Page 4, paragraph 5, sentence 2: Change the word "they" to "we." Page 2, paragraph 5, sentence 1: Delete the word "to." Page 3, last paragraph 5, sentence 1: Insert the word "is" after "Commission." Page 8, item 7, paragraph 2, sentence 1: Change the sentence to: "Co-chair Arnst asked if the Commission should revisit the purpose of the Park Foundation." Page 7 & 8, item 6, paragraph 1: Change paragraph to: "Commissioner Colopoulos noted that the existing Babe Ruth field can exist hi its current configuration. Either way, the nets and poles will need to be installed this year. Re-sodding the field will be put on hold for now. Lindstrom asked if block 2 could be moved within the development to create more space. Nielsen said the wetlands may limit that, but will check into it." Colopoulos moved, Themig seconded, to table approval of the minutes until the April 13 meeting. The motion passed unanimously. 3. MATTERS FROM 'fHEFLOOR Gordy Lindstrom, Little League representative submitted a proposal for reconfiguration of the {rSA >. Park Commission Meeting Tuesday, March 23, 1999 Page 2 ballfield area at Freeman Park which he said may alleviate safety concerns and foul ball issues. He stated that the Little League association would like to work with the City and Eagle Crest (the developer) to resolve space problems. The matter will be put on the agenda of the April 13 Park Commission meeting. 4. REVIEW COMPREHENSIVE PLAN AS IT RELATES TO PARKS AND TRAILS City Planner, Brad Nielsen explained that the City hopes to complete work on the Comprehensive Plan and submit it to the Metropolitan Council by June 30. Two elements need to be considered by the Park Commission: (1) Transportation Plan (regarding trails); and, (2) Community Facilities Chapter with respect to parks overall. The main question is if the Parks element of the Community Facilities Chapter is still accurate or do changes need to be made? Nielsen hopes to make recommended changes based on discussion and return with text revisions for approval. at the next meeting. The goals and objectives for Community Facilities was discussed (CF-3). Nielsen pointed out . that they are general statements, but still relate to the parks. Themig asked for Nielsen's recommendation. He replied that there is enough here in the 1995 plan and it is okay not to change it unless there is an important piece missing. There was a consensus that the Community Facilities/Services Goals and Objectives seems to include all the elements. The paragraph on Parks and Recreation (CF-6) was discussed. The term "trail plan" should be changed to "trail planning process" and a reference to implementation of a trail planning process needs to be added. Nielsen will revise and bring changes back to the Park Commission. Nielsen asked for any suggestions on the 16 policies "Parks and Open Space" (CF-9 & CF-12). Themig asked for clarification of the term "open space" (Item #11) to mean park land rather than natural resources. All agreed to the change. After discussion on item #10, it was agreed to strike the words "open space" from the first line. Council Liaison Zerby asked about the reference to horses in item #13. Since horses are to be . ridden on streets only, they will be excluded from item #13. Administrator Hurm asked if the word "recreational" should be removed in item #16 to leave the definition of "open space" to include land preservation. Nielsen said that Council suggested a glossary be added to the document for clarification of such terms. Puzak raised the question of who will be the keeper of open space? Nielsen said that the Council has addressed this and may appoint a committee or commission. The decision has not been made. Puzak stated his recommendation that they include 2 Planning Commissioners, 2 Park Commissioners, 2 Council members and 2 staff persons. Hurm said that a draft of the ordinance which will outline the committee will be available for review by the Park Commission. There was discussion about the terms "Park Land" vS."Recreational Open Space" which are similar to each other, yet different from the concept of "Conservation Open Space." It was agreed that clarity in communications around these topics must be maintained. Nielsen . . Park Commission Meeting Tuesday, March 23, 1999 Page 3 suggested the term "Parks and Recreational Open Space" for the community facilities section of the Comprehensive Plan and "Conservation Open Space" for the natural resources section. Themig asked about the first two statements under "LakeshOI:.e Use" on CF-12. Nielsen explained that this is implemented in fire lanes which is city-owned land that allows access to the lake for various needs according to historical use. The DNR has looked in the past at places for public access, but it is unlikely that fire lanes will be used for recreational access. It has been a non-issue. Nielsen added that the Lakeshore Use section does pertain to the Christmas Lake public access in which case the City did adopt very specific regulations. On page CF-25, paragraph 5 a request was noted to change "...the City has also adopted a Trails Plan." to say, "...the City has adopted a Trail Planning Process". It was agreed that any similar wording in the document will be corrected accordingly. Commissioner Puzak asked about the status of property along the north side of Highway 7 just to the west of Old Market Road and the property on the south side of Highway 7, west of the City's water tower. It is public land that was owned by the State of Minnesota. but will be deeded to the City. Puzak suggested that both properties be named as potential recreational land in the Comprehensive Plan. Nielsen agreed that it can be designated as an area for further study. Nielsen pointed out statements 13 and 14 on page CF-40, asking if they still reflect the position of the Park Commission with reference to land acquisition and park development. There was discussion about the limitations imposed in these statements. It was agreed that the City should not cut off the possibility of land acquisition even though the focus for parks has been the development and maintenance of existing park land. Puzak referenced the recent interest in acquiring part of the Wagner property to solve space issues at Freeman Park. There was a consensus that wording of statements 13 and 14 should be re-worded as follows: 13. Focus future park planning on the development of existing sites leaving open the possibility of acquisition of land. 14. Consider expansion of existing park land if funding exists. Discussion went back to CF-25. paragraph 6. Dallman recommended changing "future needs" to "needs." Themig asked how the consensus has changed in five years from having adequate space to now saying we may need more space. Bensman pointed out that park land was considered adequate because it was all the City could afford to maintain. Puzak added that what is considered adequate at one point may change with time and growth. It is wise to keep options open. The point was also made that Shorewood already provides a good amount of the park facilities for players from the surrounding areas. Lindstrom said that Shorewood does support recreational groups well and that the Little League association has approached Excelsior and Chanhassen Park Commissions to find other field space. Nielsen will make changes to the Community Facilities section and return with a draft at the next meeting. He said that some changes have been made to the Transportation section around the recent trail process goals and objectives. Themig asked if points 1 through 6 on page TR-lO need to be included since they deal with design rather than a process. Nielsen noted comments >- Park Commission Meeting Tuesday, March 23, 1999 Page 4 and will adjust where needed. Arnst pointed out that there is no indication that the LRT may not always be available to trail use. Nielsen agreed that ,it should be addressed in the Comp Plan. Brian Lieffers, 5970 Strawberry Lane spoke from the floor, mentioning that Hennepin County could some day ask the City to purchase the segment of the LRT which passes through Shorewood. Nielsen explained that a nutshell version of the trail planning process has been inserted into the Comp Plan draft on pages TR-33 to TR-39. He asked if it is accurate and reflects the Park Commission's position. Arnst asked why the section on snowmobiles (page TR-39, paragraph 4) has been partially cut since, based on comments from residents this remains a valid concern. Puzak agreed that the work of the Snowmobile Task Force should not be negated by striking those statements. Nielsen suggested that snowmobiles be a separate topic with its own heading and include the information as is. Puzak asked that it also be clearly stated that any added trails are not intended for snowmobiles. Nielsen will revise and discuss changes with Arnst and Puzak before presenting a draft at the next meeting. 5. DISCUSS DESIGN CONCEPT OF FREEMAN PARK MULTI-PURPOSE BUILDING - LARRY BROWN . City Engineer Larry Brown presented a plan with cost estimates for a multi-purpose building according to the ideas discussed by the Park Commission at past meetings. He explained that some trimming was done to keep costs down and yet the estimates came in much higher than expected. He has since approached Chaska Building Center for cost estimates for a similar plan. Those figures were considerably different and he would like to do further research to come up with a realistic estimate. At this point, the question is whether the design matches the identified needs. Dallman noted that the picnic shelter portion seems adequate. Puzak confirmed that the plan does include a heating system. Brown also asked for suggestions about where to cut cost if needed, adding that one option is to eliminate direct access from the interior to the rest rooms. . Puzak suggested that taking a "designlbuild" approach may save money. Brown will look into that as an option for the Park Foundation to consider, since the City is not allowed to go that route. He will get cost estimates accordingly. Puzak also suggested the idea of asking Eagle Crest to consider a trade in kind instead of payment for the park dedication fee. Brown said that is a valid point, but details would need to be well-defined and timing will be compromised. Brown will try to get a more detailed tree inventory to investigate other routes for the sewer line to take the path of least destruction. He will check with Brad Nielsen about the idea of Eagle Crest being involved as well. There will be a report at the April 13 meeting. Due to the late hour, it was agreed that item 7 will be tabled until the April 13 meeting. ~ Park Commission Meeting Tuesday, March 23, 1999 Page 5 6. DISCUSSION OF CHANGE IN PARK DEDICATION FEES CONSISTENT WITH FISCAL POLICY Commissioner Colopoulos explained that the conclusion was to look at how other cities handle park dedication fees, yet it is hard to compare since Shorewood is in a unique situation with limited land space and planning capability. We also want to have a policy that is consistent with a fiscal policy rather than to take an opportunistic approach. Puzak said that his intent has been, and still is, to raise the fee and now the question is just about the timing. There was some discussion about the validity of basing a fee on market value rather than a flat amount. . Puzak said that he would like a balance that protects the first time builder of a smaller horne, but also to realize that there are the "exclusive community" home builders at the other extreme. A flat fee cannot satisfy both. He recommended a percentage (5%) with a cap ($1500 per lot). There was a comparison made to Wayzata's fee of 7% with a $2000 cap. Bensman stated that the percentage approach seems like a policy change. Colopoulos said that we should know how the extra dollars would be used in the budget before making a change in policy. Puzak moved that the Park Commission recommend to the City Council a change of the Park Dedication Fee to be 7% of the Fair Market Value of the land with a maximum of $5,000. Themig seconded. There was discussion about lot prices in Shorewood and what an average fee would realistically be. Themig pointed out that a maximum of $5,000 would be reached for most lots in Shorewood. Puzak made a friendly amendment to 7 % of the Fair Market Value of the land with a maximum of $10,000. Cochran seconded. . Themig said he was concerned about how this much of a change in fee would appear. There was discussion about examples of possible lot prices. Bensman suggested a separate cap amount for developers vs. the single home building project. Puzak made a friendly amendment to 5 % of the Fair Market Value of the land with a maximum of $10,000. Themig seconded. Themig noted that there has been discussion in the past about applying a certain percentage to trail development and that it may be appropriate for some to be designated to a trail fund. Zerby said he likes the percentage formula and commented that it is good to be in line with neighboring cities' policies. Puzak pointed out that with a cap, the higher value lot actually pays a smaller percentage. Zerby noted that some would ask why one family should bear more of the expense of parks than another family and that becomes controversial. Others agreed and discussed fair percentages. It was also agreed not to earmark funds for trails. Transfers to the trail fund from the park fund can be made on an as-needed basis with approval from the City Council. ~ Park Commission Meeting Tuesday, March 23, 1999 Page 6 Puzak withdrew the motion on the floor to state a new motion. Themig and Cochran concurred. Puzak moved that the Park Commission recommend to the City Council a change of the Park Dedication Fee to be 5% of the Fair Market Value of the land with a maximum of $7,500 per lot. Dallman seconded. The motion was approved unanimously. Hurm will review the motion at a staff level to see how it reflects current development and then report at the April Park Commission meeting if there are problems. Otherwise the recommendation will go to Council as stated. 7. REVIEW AND DISCUSSION OF NEXT DRAFT OF ATHLETIC ASSOCIATION POLICIES. FISCAL POLICIES AND PROPOSED FORMULAS Tabled until the April 13 meeting. 8. REPORTS . A. Report on Youth Coalition Meeting of March 11 Puzak reported that one person had researched the idea of an inflatable dome which extends the season and allows for a winter facility. This would, however, eliminate the option of Manitou Park as a possible site since Tonka Bay wishes to use the space for winter recreation. Puzak said there is interest in the land along Highway 7 that is to be deeded to the City of Shorewood (as mentioned earlier in these minutes). Ideas are being considered for funding options as well. 9. OTHER BUSINESS Arnst reported that the Adopt-A-Garden idea is a go. The next meeting agenda will include: 1. Finish the Comprehensive Plan Review 2. Report on the Multi-Purpose Building at Freeman 3. Little League Proposal for Field Configuration 4. City Administrator's Report on Council Action Regarding Park Dedication Fees . The next "meeting" is a trail walk on April 10. Ken Dallman is the Council Liaison for April. 10. NEW BUSINESS There was no new business. .; Park Commission Meeting Tuesday, March 23, 1999 Page 7 11. ADJOURNMENT Themig moved, Puzak seconded to adjourn the meeting. Motion passed 7/0. The meeting adjourned at 10:34 p.m. RESPECTFULLY SUBMITTED Connie Bastyr Recording Secretary . . '. Park Commission Meeting Tuesday, March 23, 1999 Page 5 6. DISCUSSION OF CHANGE IN PARK DEDIC\. nON FEES CONSISTENT WITH FISCAL POLICY Commissioner Colopoulos explained that the conclusion was to look at how other cities handle park dedication fees, yet it is hard to compare since Shorewood is in a unique situation with limited land space and planning capability. We also want to bave a policy that is consistent with a fiscal policy rather than [Q take an opportunistic approach. Puzak said that his intent has been, and still is, to raise the fee and now the question is just about the timing. There was some discussion about the validiry of basing a fee on market value rather than a flat amount. . Puzak said that he would like a balance that protects the first time builder of a smaller home, but also to realize that there are the .'exclusive community" home builders at the other extreme. A flat fee cannot satisfy both. He recommended a percentage (5%) with a cap ($1500 per lot). There was a comparison made ro W ayzata' s fee of 7% with a 52000 cap. Bensman stated that the percentage approach seems like a policy change. Colopoulos said that we should know how rhe extra dollars would be used in the budget before making a change in policy. Puzak moved that the Park Commission recommend to the City Council a change of the Park Dedication Fee to be 7% of the Fair Market Value of the land with a maximum of $5,000. Themig seconded. There was discussion about lot prices in Shorewood and whar an average fee would realistically be. Themig pointed our that a maximum of $5,000 would be reached for most lots in Shorewood. Puzak made a friendly amendment to 7 % of the Fair Market Value of the land with a maximum of $10,000. Cochran seconded. . Themig said he was concerned about how this much of a change in fee would appear. There was discussion about examples of possible lot prices. Bensman suggested a separate cap amounr for developers vs. the single home building project. puzak made a friendly amendment to S % of the Fair Market Value of the land with a maximum of $10,000. Themig seconded. Themig noted that there has been discussion in the past about applying a certain percentage to trail development and that it may be appropriate for some to be designated to a trail fund. Zerby said he likes the percentage formula and commented that ir is good to be in line with neighboring cities' policies. Puzak pointed our that with a cap. the higher value lot actually pays .a smaller percentage. Zerby noted rhat some would ask why one family should bear more of the expense of parks than another family and thar becomes controversial. Others agreed and discussed fair percentages. It was also agreed not to earmark funds for trails. Transfers to rhe trail fund from the park fund can be made on an as-needed basis with approval from the City Council. ~58 Park Commission Meeting Tuesday, March 23, 1999 Page 6 Puzak withdrew the motion on the floor to state a new motion. Themig and Cochran concurred. Puzak moved that the Park Commission recommend to the City Council a change of the Park Dedication Fee to be S% of the Fair Market Value of the land with a maximum of $7,500 per lot. Dallman seconded. The motion was approved unanimously. Hurm will review the motion at a staff level to see how it retlects CUrrent development and then report at the April Park Commission meeting if there are problems. Otherwise the recommendation will go to Council as stated. 7. REVIEW AND DISCUSSION OF NEXT DRAFT OF ATHLETIC ASSOCIATION POLICIES. FISCAL POLICIES AND PROPOSED FORMULAS Tabled until the April 13 meeting. 8. REPORTS . A. Report on Youth Coalition Meeting of ~Iarch 11 Puzak reported that one person had researched the idea of an inflatable dome which extends the season and aI10ws for a winter facility. This would, however, eliminate the option of Manitou Park as a possible site since Tonka Bay wishes to use the space for winter recreation. Puzak said there is interest in the land along Highway 7 that is to be deeded to the City of Shorewood (as mentioned earlier in these minutes). Ideas are being considered for funding options as well. 9. OTHER BUSINESS Arnst reported that the Adopt-A-Garden idea is a go. The next meeting agenda will include: I. Finish the Comprehensive Plan Review 2. Report on the Multi-Purpose Building at Freeman . 3. Little League Proposal for Field Configuration 4. City Administrator's Report on Council Action Regarding Park Dedication Fees . The next "meeting" is a trail walk on April 10. Ken Dallman is the Council Liaison for April. 10. NEW BUSINESS There was no new business. SURVEY OF CITY PARK FEES JANUARY 1999 /City .. > .. 'Park.E>edication: .......... f ' .~. ..,...... .. Shorewood $1,000 per unit Minnetonka $700/unit iYIound 10% of fair mkt value of land . $5001lot minimum Orono 8% of fair mkt value of land $4,900 maximum Plymouth $1,500/unit residential $4,500/acre CfI Tanka Bay $1,200/unit in 1999 $l,OOO/unit in 1998 Victoria Unknown $l,SOO/unit Park Imp Fee . Wayzata SF 7% of fair mkt value of land $450 min, $2,000 maxlunit lVIF 7% of fair mkt value of land $300/unit minimum CII 3.5 % of fair mkt value of land Chanhassen $1,200 Parklunit $400 Trails/unit 1202.06 1202.()~ all other matters concerned with providing utilities. drainage. and ser- vices to the proposed development and the Attorney shall also file his report as to whether the request meets the requirements of the existing ordinances of the Citv of Shorewood. The Council may, if it chooses. hold a public hearing' on the request for the issuance of a building per- mit: it may in all instances attach to the resolution authorizinl! the issuance ot" such a permit. those requirements the Council deems necessary for the successful completion of the proposed project including a performance bond to insure completion within a reasonable period of time. (Ord. 79..6-24-74) 1202.07: PUBLIC L-\l'fDS: Because a new subdivision. as well as com- mercial land development, creates a need for parks and playgrounds as well as for streets, eight percenc (S%) of the total area of each new subdivision or its equivalenc shall be dedicated for such use. Such area must be suitable for parks and playgrounds and shaH conform to the City plan for parks and playgrounds within the City. In lieu of requiring dedication of an area for parks and playgrounds. the City. at its option. may require developer to pay inco the City Park Fund, a sum of money to eight percent (S0C) of the value of the raw land contained in the proposed subdivision or commercial land develop- ment and the value of the raw land contained in the proposed subdivision or development shall be determined by the City Assessor; or as an alternative, it may require the subdivider to pay into the City Park Fund an amount as provided in Section 1301.02 of this Code. (Ord. 231, 9-10-90: amd. Ord. 263, 12-14-92)) . 1202.08: REQUIRED IMPROVEMENTS: Before the Council approves a final plat, the subdivider shall give satisfactory assurance that he will provide the following improvements: Subd. 1. Monuments: Monuments shall be placed at all back comers. angle points, points of curves in streets and at immediate points as shown on the final plat and as required by the Engineer. Pipes or steel rods shall be placed at the comers of each tot and at each intersection of. street . centerlines. All U,S.. State. County or other official bench marks, monuments or triangulation stations in or adjacent to the property shall be preserved in precise position. Subd. 2. Streets: The minimum requirement for constructing streets, both public and private, shall be as follows: a. Grading: All streets shall be graded to sufficient width of the right-of-way and in such manner as to provide a minimum finished surface width of twenty four feet (24'), except in the following instances: :D: City of ShOretL'ood 1301.02 II. TYPE OF CHARGE/FEE Zonin g! Amendments Conditional Use Permit Variances & Appeals Variances & Appeals Planned Unit Development Concept Plan Development Smge Plan Final Plan . Site Plan Review/Certificare Subdivision (Metes & Bounds- 3 lots or less) Subdivision (Preliminary Plar) Subdivision (Final Plat) Park Dedication (cash in lieu ofIand) Comprehensive Plan Amendment 1301.02 CITY CODE REFERENCE CHARGE/FEE 1201.04.la 1201.04.1a 120 1.05.3 a S 450.00 200.00 (residential) 300.00 + 100.00 esc:uw (nonresidential) 150.00 + 150.00 escrow (residential) 200.00 + 150.00 escrow (nonresidential) 1201.05.3a l201.05.3a l20l25.6b(2)(b) 300.00,+ 100.00 esc:uw 300.00 + 100.00 escrow 300.00 + 100.00 escrow 1201.072 1202.03.1a(2) 1202.03.1:1(2) 1202.03.1a(2) 1202.07 150.00 250.00 + 100.00 escrow 250.00 + 100.00 escrow +2Sllot 500.00 + 200.00 escrow +25/lot 1,OOO.00/unit Extension of Deadline for Recording Resolutions 200.00 Preapplicluion 800.00 Fonnal application 50% of Original Application Fee NOTE: Base fees are nonrefundable. Escrow deposits are to cover consulting engineer and attorney expenses. Applicants are infonned 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. m. TYPE OF CITY CODE CHARGE/FEE REFERENCE CHARGE/FEE Building Permit 1001.03 Per 1994 State Building Code (S.B.C.) . . House Moving Permit l002.02.4a Per S.B.C. + 200.00 escrow Mechanical Permit S.B.C. 2% value of work. 20.00 minimum Plumbing Permit S.B.C. 7.00/fixture, 20.00 minimum Automatic Sprinkling System Permit S.B.C. 20.00 Removal or Abandonment. U.F.C. 35.00 1st tank + $20 each .. Underground Tanlcs. additional ., Demolition Permit S.B.C. 50.00* Sign Permit Application Fee 1201.03.1 If 20.00 Approved Sign Permit Fee. Per S.B.C. Fence Permit 1201.03.2f 20.00 GradingIFilling Permit S.B.C. Per S.B.C. Home Occupation Permit 1201.03.12c 20.00 (limited) 200.00 (special) Inigation System Permit 90 1.02.2d 20.00 R.O. W. Encroachment Permit 901.022b 20.00 '" Fee is waived when done in conjunction with a buildingpennit or when burned by Fire Department. 0498 City of Shorewood 03/26/99 13:19 FAX CITY OF MOUND I4J 002 Mound City Code Section 330: 115, Subd. 3 Subd.3. TnJn!Clition Lots. When platting is adjacent to incompatible land uses, except parks, depth of lots shall be increased to allow for open space, berming, or other landscaping techniques to buffer each land use. 'J Subd. 4. Side Lot T .ines. Side lines of lots shall be substantially at right angles to straight street lines or radial to curved street lines. Subd.5. Water Courses. Lots abutting a water course, drainage ways, channel or stream shall have sufficient depth and width to provide a minimum area of land not subject to flooding and equal to the minimum lot dimensions specified in the Zoning Ordinance for the district in which the lots are located. SOOd. 6. Drainqe. Lots shall be graded so as to provide drainage away from building locations. All landscaping features such as retaining walls and filling or grading within drainage and utility easements shall be reviewed and approved by the City Engineer and the City Planner. . Subd. 7. Natural Features. In the subdividing of land, due regard shall be shown for all natuIal features such as tree growth, water courses, historic spots or similar conditions and plans adjusted to preserve those which will add attractiveness and stability to the proposed development. Subd. 8. J,.ot Remnants. All remnants of lots below minimum me left over after subdividing of a larger tract must be added to adjacent lots rather than allowed to remain as unusable parcels. . .-....J Subd. 9. Minimum Rear Lot Line. Where practical, all lots shall have a minimum of 30 feet in width at the rear lot line. Subd. 10. Double Frontqe Lots. Double frontage (lots with frontage on two parallel streets) or reverse frontage shall no be permitted except wh(!fe lots back against a collector or arterial street. Such lots shall have additional depth to allow for screening and/or planting along the back lot line. Vehicular access may be restricted as a condition of the plat. . Subd. 11 Culoode-sac Lots. If the front line of any lot shall be a curve or partial curve, the frontage for purposes of minimum requirements will be measured at the building setback line. The front footage of the front lot line shall be as allowed under the provisions outlines in the Zoning Ordinance. Section 330:120. Desien Standards. Public Sites and Open Spaces and Park T .A~d Dedication. ."'-...../ Subd. 1. Public Sites and O"9C~ Spaces. Where a proposed park, playground, or other public site shown on the adopted Comprehensive Plan or official map is embraced, in part or in whole, by a boundary of a proposed subdivision and such public sites are not dedicated to the City, such public ground shall be shown as reserved 18 12-30-96 L.:7;~;:~::::,:.: ':~.'l.:~': . 03/26/99 13:20 FAX CITY OF MOUND I4J 003 Mound City Code Section 330: 120, Subd. 1 land on the preliminary plat to allow the City the opportunity to consider and take action toward acquisition of such public ground or park by purchase or other means prior to approval of the final plat. \,-j Subd. 2. Park Land Dedication. In every plat, replat, or subdivision. of land allowing development for residential, commercial, industrial, or other uses or combination thereof, or in a planned development area, or where a waiver or variance is granted, a reasonable portion of such land andlor cash shall be set aside and dedicated by the tract owner or owners to the general public as open space for park and playground pmposes or public ponds except where adjustments to lot lines do not create additional lots. Ten (10) percent of the property may be used for residential, multiple-family residential, commercial business or industrial purposes shall be deemed a reasonable portion. Said land shall be suitable for public use as parks and playgrounds or for one of the aforementioned described pwposes, and the City shall not be required to accept land which will not be usable for parks and playgrounds or which would require extensive expenditures on the part of the public to make them usable. Subd. 3. At the City's option, except for minor subdivisions as herein defined, the subdivider shall contribute an equivalent amount of cash, in lieu of all or a portion of the . land which the City may require such owner to dedicate pursuant to Subd. 2 hereof, in accordance with the schedule to be set by resolution of the Council which cash contribution shall be a minimum of ten percent (10%) of the total fair market value of the land being divided. In no case shall the dedication in cash be less than $500 for each new lot being created. :. A minor subdivision is a case where three residential lots or less are to be subdivided or created by a division and in those minor subdivisions the park land dedication shall be pursuant to a schedule to be set by resolution of the Council. In no case shall the cash dedication fee for minor subdivisions be less than five hundred dollars ($500) for each new lot being created. In cases where one lot is split into lots, it is determined that only one new lot is being created. (ORD. 75-1995 - 8-22-95) '"--,,, Subd. 4. Where the owner provides for public use, neighborhood park amenities such as, but not limited to, tennis courts, ball fields, open space or other recreational facilities, the City may reduce the amount ofland to be dedicated or the cash contribution . in lieU of the facilities provided. Subd. 5. Cash contributions required by Subd. 3 hereof shall be made prior to filing the final plat. Subd. 6. This section shall not apply to the division of platted lots which are being combined with other existing lots to increase the lot si%es to conform to the larger sized lots required by the Zoning Ordinance. 'Ibis exCeption is in recognition of the need to put undersized lots together to bring them into conformance with zoning requirements adopted after the original subdivision of properties, many of which predate any zoning regulations of the City. (ORD #30-1989 - 6-26-89) .'-..,/ 19 12-30-96 ;.:;,:' :~':.: ~:....~...;~. ,". . CITY OF ORONO 1116124730510 03/26/99 11:32 DJ :01/06 NO:260 TELECOPY <;:'OVER LE~B. Please deliver the' following page(s) to: Name: T w,'f ~ Paul Weinberger, Assistant Zonmg Administrator From: . To.tal number olpage. including this cover letter: 6 Date: March 26, 1999 It' YOU DO NOt RECEIV~ ALL THE PAGES. PLEASE GALL U$ AS SOON AS PO~H~LE~ Phone: (612) 249-4600 and ask for: Paul Our fax nwnberi8: (612) 2494616 Additional Message: Twila. . Prior to April of 1998 we collected 8% of the market value for new residential lots. The fee was collected only tor lots created within a subdivision without an existing residence. Last year the Council adopted Resotutioll No. 4064 which "capped" the amount collected for park dedication at $4,900 ot .8% of the market value whichever is less. A minimum dedication is S2,~00. We also collect" plU'k dedication tor commercial and industrial zoned land based on number of employees. Please teel free to contact me at the Ilumber above should )'ou have any. questions or require additinnal inthnnation. CITY OF ORONO 1116124730510 03/26/99 11 :32 DJ :02/06 NO:260 eta..Jc ~e S'd~k..le.. '.. .. CITY of ORONO '. ". . . RESOLUTION OF THE city COUNCIL ."NO~'" 4:()6"4. ". . . '. . ARESOLVIlON ESTABLISHING l\'IlNIMUM AND MAXIlVroM: PARK DEDICATION ArdOuNTS FOR COMMERCw.JJ.N])USTRIAL ZONED LAND 'VHElttAS. the City's general park dedication requirement is 8% oftha land beins platted or subdivided; and WHEREAS, the City's park ~cation ordinance calls for the dedication requirement to be roughly proportional to the projected impact of the proposed development on the City's 'park . .ysterJ1,; and '. . .' . . WHEREAS. the City's park dedication ordinance provides for the establisbinent of minimum and maximUm park dedication amounts per residential chvclling unit; and . WHEREAS, the Clty"fmds the einployees of commercial/industrial developments make llSe o(thc City'i park system in ways similar to City residents, particularly since the City's park system is focused on trails and natural areas; and 'WHEREAS, the City's park dedication ordinance ties the commerciaVmdustrial park dedlcatI,on reql1lrement to the residential park dedication requirement by determining the number of commerciaJ/industrial employees that is equivalent to a residential dwelling unit in tenDS of impact on the ~ity's park system; and WHEREAS, the City fmds that ten employees are equivalent to one residential . dwelling unit in tenns of impact on the park system; and " . .'. . 'VHEUAS. the City h~ established a minimum park dedication &mOW'lt per . .tesidential dwelling unit as $2,~OO per ~ and a mwmwn Pu:k dedication amount peMiwelling unit as '$4,900 per unit. . '. NO\Vt TlmREFORE, BE IT RESOLVED that the Orono City Council does hereby establish the minimum park dedication amount for commerciaVmdustrlal zoned land 1.5 $2,900 per eacb ten employees, and the maximum park dedication amount as 54,900 per each ten employ'~es. Paae 1 of2 0 -0 .... N . . 0 Z cg ~ ..... ..J " ~ 0 . . ~ :Q N i ~ ,. ~ ~ "0 " " '" '" ..... 'eta -0 N ..... ~ 0 ~ ~ .. 0 N "" 0 0 ~ N L/"\ ,I- 0 ~ I'- P4 -.:t N ~ -0 c. .' 0," z: o rx: o LL. o >- I- ,-4 U ~ ft' -< '. . . CITY OF ORONO .6124730510 03/26/99 11 :32 (:jl :04/06 NO:260 S 11.62 PARKS AND PLAYGaOORDS, CLASS II AND III . S'BC. 11.62. SUBDIV'I$ZOBS. Subd~ 1. Lands For PUblic Ose. Pursuant ~o Minnesota St~tutes, (1989.), Section 462.358, ,subd. 2b, t.he Citly require. all perlons, cor~oration8 or ether le9al entities that subdivide land with the Citly of orono as a prerequisite to approval of a lot diViSion, final plat, or develo~men~ of ,any land previous.ly divided br" '~lat, metes. and bounds, or any other means, must: l?onvey to t.he. C .ty or .dedi~.te to the public, for use as parks, playqrounds, trails, or open space, a 9iven percentaqe of the land beinq platted or developed a. hereinafter s~ecified, said portions to be approved by the Ci~y. In lieu thereOf, the subdivider shall, at the option of the City ~ay to the City, for use in the acquisition, <1.velCl~ment or maintenance of public parles, plaY9rounds, trails, wetlands or o~.n spacea and debt retirement in connection ~ith the land preViously 4cquired for such public purposes, an equivalent amoun't in cash based upon the fair market value of the land to be dev.loped. ~he form of contribution (cash or land, or any combination thereOf) shall be decided by the City Council based . upon the need and conformance with the Comprehensi ve Plan.' . . Subd. 2. Dedicated Land Requirements. Any land to be dedicated as' a requirement of this Section shall be reasonably adaptable Eor the above pUblic purposes. Factors used in ev:aJ,uatinq the adequacy of proposed dedicated areas shall include size, shaFe, topo9ra~hy, drainaqe, 980109Y, tree cover, access and laca'tion. . Subd~ 3. Land Dedication Minimum Area. Subdividers shall be required to dedicate to the City for parks, plaY9rounds, trails, open spaces and other public purposes 4S a minimum that ~.reentage of qross land area, or other such amount as may be aetermined by the City Council, as set forth below: A. Residential/aqricuitural/multiple residential Zoned land. Ded.ieation requirement of 8' of the land beinq platted, subdivided or existinq lot of record. B. Commercial/industrial zoned land~ Oedicated r.quirement of 8' of the land beinq flatted subdivided or existinq let of record. . $ubd. 4. Cash Contribution in Lieu of Lands. In thoBe inatances where a cash contribution is to be made by the subdivider, in lieu of a conveyance or dedication of land, the cash contribution to be contributed shall be equivalent to the fair market value of the equivalent undeveloped land that WQuld other- wise have been conveyed or dedicated. The City Shall account for suoh funds in a special fund named fark Dedication Funds. ORONO CC 471 (4-9-90) . CITY OF ORONO 116124730510 03/26/99 11 :32 DJ :05/06 NO:260 . S 11. 62 .Subd. S. Fair Market Value of Land's. "Fair Market Value" for purposes of this Code shall be the land pre-development value to be determined by the City Council a8 of the time of preliminary plat application in accordance with the followin9: A. The City As~e.sor shall recommend to the City Council as to the fair market value of the land after conSUltation With .:the subdivider. ., . B. If a9reement 18 not reached between the City Assessor and subdivider, then the fair market ~alue shall be determined in accordance with. the followinq: 1. Pair market value as determined by the City Council based upon a current appraisal submitted to the City by the 8ubdi..v ider, at his expense. The appraisal aha 11 be made by appraisers who are approved members of SREA or MAl, or equiv.lent real estate societies. 2. If the City 'disputes such appraisal amounts, it may obtain an appraisal of the property by a qualified teal estate appraise% which the City Council select. and which appraisal may 'be accepted by the City as bein~ an a~curate appraisal at fai~ market value. The cost of the appraisal shall be paid by the SUbdiVider. 3. The. subd! vider may appea 1 any f ina 1 deter.mination of fair market value a8 provided by Minnesota.Statute Section 462.361. . . c. The determination of fair market value of the U~deve~oped land by the City As.e..or, ~ity Council, or desiqnated .ppr,i.ers, shall be determined as of the time of preli_inary $ubdivision'approval is qr~nted as 10n9 as there is final plat approval within the time limits as set forth in this chapter. The time of preliminary plat approval is utilized because the nature of the subdivision, its probable population, lot size and value, and . other relevant factors are known. If an extension of the time limits in:this chapter is approved by the City Council, the fair market value shall be determined as of the time of the approval of that extensiqn. In determininq the fair market value as of time of preliminary plat application, or the extension thereof, the factors to be included in the analys!s shall include any and all factors which are generally accepted and. used by approved members of SRRA .or MAl or equivalent real estate appraisal societies. D. Notwithstand1nq the above, in no event Shall the eaah contribution per lot be' leas than $500.00 per lot or $300.00 per dwelling unit. ORONO ~C 472 (.4-9-90 ) CITY OF ORON9 116124730510 03/26/99 11 :32 DJ :06/06 NO:260 ,. 5 11.62 , aubd. 6. O.velopmen~ of Land Previously Platted. (Repealed per Ordinance f89, Second Series, adopted October 8, 1990. )' , Subd. 7. Pu~ure SUbdivision. Any land which is further aUbdivided, divided or replatted or applied for such subsequent to May l, '1990, shall be subject to the requirements of the ordinance then in effect concerning dedication of land for public purposes, and eredit a~all be given for any char~es previously' imposed upon that land if the subdivider can prove that fees where previoUsly paid. In no event shall the City be liable for any payment. which may be' due because of a sub.eque.n~ reduction in the application percentage of land or equiva1ent market value in cash to be d.cUcatad. Subd. 8. Admini.trat.f.ve Procedures. '.1'he City Council shall ,e8tablish such administrative procedures as they may deem necessary or appropriate to implement the provisions of this section of the Code. Source: Ordinance 82, 2nd Series Adopted: 4-9-90 (SectiOns 11.63 throuqn ll.69, inclusive, reserved for future expansion.) ORONO CC 472"'1, (4"'l-84) . . 3-26-1999 11 : 16AM FROM CITY OF WAYZATA 404 5318 P. 1 .. , . ,( Poatf!J ~ Ca.. e'Qj~ Fax Noa l'l7&73 ---.Ll-:> c. The applicant shall consult with the Planning C~ T~ ~~ ~ the time hiS preliminary plat iSlAnder consideration Fw6 t/t~ their recommendation as to the location of any prope' ~~). ~_ should be dedicated to the public, such as parks, pI' F~ ~ other public property. The preliminary plat shall s Phone.ll location and dimensions of all area's to be dedicated __, _ ._, ... manner. Such contribution requirement recommendation(s) will be 'sent to the City Counci] for their approval. \ .,-..- '-, d. When a, proposed park, playground, recreational area, or other public gcound has been indicated in the City's official map or Comprehensive Plan and is located In whole or in part within a proposed plat, it shall be designated as an outlot on the final plat and shall be dedicated to the appropriate governmental unit. If the applicant elects not to dedicate an area In excess of the land required hereunder for a proposed public site that the City feels is in the public interest to acquIre, the CIty may consider acquiring the excess land through purchase or condemnation. ' . e. Land area conveyed or dedicated to the City shall not be used in calculating dens,ity requirements of the City Zoning Ordinance and shall be in addition to and not in lieu of open space requirements for planned unit developments. ,-.. f. Where private open space for park and recreation purposes is provided in a proposed subdivision, such areas may be used for credit, at the discretion of the City Council, against the requirement of dedication for park and recreation purposes, provided the City Council finds it is in the public interest to do so. . 9. The City, upon consideration of the particular type of development, may requIre larger or lesser parcels of land to be dedicated if the City determines that present or future residents would require greater or lesser land for park and playground purposes. In addition, the City Council may also require lots within the subdivision be held in escrow fo~ future sale or development. The moneys derived from the sale of escro'o'edlots will be used to develop facilities o~ to purchase parkland In the future. h. In all new subdivisions. seven (7%> perc~nt 9f the gross area subd~vided, or a different percentage as the Council shall determine to be reasonably necessary as a result of the subdivision approval, shall be dedicated for public recreation space or other public use as established by City Council resolution. The dedicated percent of the gross area ,subdivided shall be in addition to property dedicated for streets, alleys, easements or other public ways. No areas may be dedicated for pUbl ic use until such areas have been approved by the governing body as suItable and,necessary for the health. safety, convenience and general welfare of the City. ".,...... -" - 3-26-1999 11 : 17AM FROM CITY OF WAYZATA 404 5318 P.2 . . , , :,' , , .1. When a subdivision is too small for practical dedication of public land, or if no land in the subdivision is suitable fo~ such use.. the applicant may be required to pay an equivalent cash fee tor all or part of the portIon to be dedicated, based on the faIr market value of the land on the day of final plat approval subject to the following: :~ (1) Each single-family lot is required to pay a minimum of four hundred fifty dollars ($450.QO) or seven percent (7%) of the determined land value, whichever is greater, up to a maximum of two thousand dollars ($2,000.00). (2) Each tWO-family lot is required to pay a minimum of eight hundred fifty dollars ('850.00) Or seven percent (7%) of the determined land value, whichever is greater, up to a maximum of two thousand dollars ($2.000.00) per unit. r- (3) All otheL" residential constructIon is required to pay a minimum of three hundred dollars (1300.00) per unit or seven percent (7%> of the determined land value, whichever Is greater. The City CouncIl may. at its discretion, grant a credit towards this fee if the proposed development provides, when completed, recreation facilities for its residents' use. Such facilities shall include, but are not limited to, swimming pools, tennis courts and open spaces suitable for active pastimes. The amount of any such credit shall be based On recommendations of City staff. . (4) CommeL"clal and industrial land is required to pay three point five percent (3.5%) of the established fair market land value. j. The City may elect to receive a combination of cash, land and development of the land for park use. The fair market value of the land the City wants and the val~e of the development of land shall be calculated. That amount shall be subtracted from the cash contribution required by subsection i above. k. "Fair market value"'shall be determined as of the tIme of the final plat approval in accordance with the following: . (1) The City and the applicant may agree as to the faIr market value based upon a current appraisal. (2) The market value of the property as determin~d by a recent selling price of the parcel(s) in question. I. Planned unit developments with mixed land uses shall make cash and/or land contributions in accocdance with this Section based upon the percentage of land devoted to the va~ious uses. ,."...... m. Park cash contributions are to be calculated at the time of final plat approval. The Council may require the payment at the time of final plat approval or at a later tIme under terms agreed -33- 3-26-1999 11 : 18AM FROM CITY OF WAYZATA ~0~ 5318 P.3 : ~ '.. ' .' , .. ~pon in the development agreement. Delayed payment may include ln~ecest at a rate set by the CIty, n. Park cash contributions shall be deposited in the City~s Park and Recreation Development Fund and shall only be used for park acquisition or development. "".... . o. If an applicant is unable to make a commitment to the City as to the type of building that will be constructed on lots in the proposed plat, then the land and' cash contribution requIrement will be a reasonable amount as determined by the City Council. p. Wetlands. pondlng areas and drainageways accepted by the City may not be considered in the parkland and/or cash contribution to the CIty. q. A cash contrIbutIon required by the City shall be made at the time of final plat approval by the City Councilor as secified by the applicable develoment contract. . r r. Prope~ty being replatted with the same number of lots shall be exempt from ali park land dedication requirements. If the number of. lots is Increased 0(" if land outside the previously recorded plat is added, then the park land dedication and/or park cash contributions shall be based on the additional lots and on the additional land being added to the plat. If the additional land does not create additional lots, then each one-thied (1/3) acre added sha II be cons1 dered a new lot, foe purposes of calculating the dedication requirements. e05.38. Mini~um DeslQn Feature~. The design features set forth in this Chapter are mInimum requirements. The City may impose additional or more stringent requirements concerning lot size, streets and overall design as deemed appropriate conSidering the property being subdivided based upon site considerations and the Wayzata ComprehensIve Plan. . r' -34- 8 ~d oz 'm~ 1i5c~ O:z ~- o~ o z o ~ ti ~ f'i u. ~~ iS~ ~~ ~~ ~~ Qa 8= g~ o~~ o. ... m~ ~:S ~= ~; ~~ -~ rn .... r,; 11.1 ~I Uu .2 . QI2 . :I ~ o ~ -I "8 '1:t ~ 1 u " 5 ! r}3 ..= Jj l"I'l fj." .... 0 " t'-- ~ ~ U 0 ~ ~ '5 Cl .... g o '+:J Iij ~ ~ Cl U .. .t- ...c .... 1:2 U ~ $ U ..c::I u E-- f7.l ~ ~ 9 1J '8 i ..... ...~ S i "i ~.! u O'....j:g "" ~ $I t g.,.Cl (I) eo Ar <E ... '"tS ~ l::I t' E-t.o >.-. M a rn~ij:~g' .t~~~.; t'.:l ..... -a -0 (I).,tj ~.S ~ 0 ,Q ..... :> I:: ~ p,~ e .t:>'~ ~ ~ '::I ~..a 0 Cl == ~ .... ~ r; ~ 11:- Ll!!! 5... 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' On the shores of Lake Minnetonka EXCELSIOR AREA CHAMBER OF COMMERCE March 24, 1999 Mr. Jim Hurm City of Shorewood 5755 Country Club Rd Shorewood, MN 5533 I Re: 4th of July . Dear Jim, Thank you for your time on the phone today regarding the 4'h of July and Shorewood's participation in this event. We are asking Shorewood to reconsider and reinstate your financial support at the same level as last year which was $1000. The funds the cities contribute is used to pay the basic costs of the day which include police protection and sanitation. For many years the Chamber has been billed for these expenses which is the reason the cities have been contributing. As we discussed, I have talked about this with Brian Litsey and we would very much like to see the police coordinating committee consider this funding next year so that we do not need to return year after year to request this money to pay for ba<;ic health and safety. . Secondly, I am requesting each city to appoint a person to be a part of our committee. I want to be sure that each city is kept up to date on the day's events and to be sure the residents of each city is informed. I believe open communication is important so that together we can have a terrific community celebration on the most patriotic of all holidays! 1 do not anticipate a lot of meetings, but our first one is scheduled to Wednesday, April 7 at 7:30 a.m. in the Excelsior Council Chambers. If by any chance you have a person by that time, please call me at 474-2300! This is truly a communiry wide eventand WI:: need ill{ vfthc cities ::;Gopemticn and support. We ',...-:mt yeur input and would appreciate your suggestions. Sincerely, . ~~&WJ TLR POST OFFICE BOX 32 · EXCELSIOR, MINNESOTA 55331 · PHONE (612) 474-6461 #7 LAND CONSERVATION COMMITTEE GOALS & OBJECTIVES First Draft. For Council Discussion 4/12199 The lAnd Conservation Committee goal is to carry out a process that will permanently protect, and lead to an increase in the amount of protected natural open space in Shorewood. Objectives Education: Educate the City Council and Commissions and City property owpers about land protection options and about the benefits of an on-going land conservation effort. Vision: . Coordinate a process to develop a community vision for open space which is consistent with community values, and to develop criteria for prioritizing parcels to be acquired. The process needs to involve all elements of the community. Plannina & Implementation: Carry out a process to protect open space in perpetuity by: A. Working with the Planning Commission and Park Commission to develop an open space plan which prioritizes sites for acquisition, and identifies funding sources, staff responsibilities, and long term land management for an acquisition program. B. Working with existing land conservation organizations whenever possible. . C. Incorporating citizens from throughout the City and natural resource professionals in the planning and implementation process. 1. Citizens should have meaningful input: . When the community develops a vision of open space in Shorewood. . When criteria for selecting and ranking open space parcels is developed and when open space parcels are prioritized. . In budgeting for acquisition of development rights or purchase of property. 2. If a number of citizens are interested in participating, a simple volunteer information sheet should be developed to find out what people like to do and what skills they have to offer. ~/D 3. Involve people of various ages, ethnicities, and abilities to participate. People with a broad range of interests and from all precincts should be encouraged to actively participate in the process D. Recommending revisions to goals and objectives to achieve open space preservation. E. Implementing a land registry program and maintaining signage to ensure identification as a program participant. F. Developing specific guidelines for all City open space, set-aside program elements. G. Making recommendations on the acquisition of tax forfeit property for open space purposes. H. Developing a positive working relationship with land owners who are considering selling their land to make sure they are aware of the benefits of setting aside land. They should be advised to consult tax specialists. . AssessmentlEvaluation: A. Assess community support for open space acquisition. B. Report to the City Council each June on progress toward the goals and objectives and on a work plan for the next eighteen months. Financial Resources: Upon direction from the City Council, coordinate efforts to acquire financial resources: A. Research and complete applications for government, non-profit or private land conservation grant programs. . B. Coordinate all aspects of a referendum effort for an authorization for the City to undertake a public bond issuance for land acquisition purposes. If a referendum is required an educational campaign would be necessary to make voters aware of the issues. Voters should have a clear understanding that their taxes might go up and that not every open space parcel in every neighborhood will be purchased. C. Utilize estate planning, land exchanges, and public education to encourage donations. NOTE: Numerical objectives such as a number of sites or acres to be protected over the next three years should be considered. DataILandConservation/Objectives " MEMORANDUM LARKIN, HOFFMAN, DALY & LINDGREN, LTD. Attorneys at Law 1500 Norwest Financial Center 7900 Xerxes Avenue South Bloomington, Minnesota 55431 Telephone: (612) 835-3800 FAX: (612) 896-3333 TO: Mayor Love and Members of the City Council Jim Hurm, City Administrator Tim Keane, City Attorne~ April 5, 1999 FROM: DATE: RE: Local Emergency Declaration . The following is a summary of the procedures and requirements in connection with declaring and addressing a local emergency. Preparation Prior to Declaration . Each political subdivision shall establish a local organization for emergency management in accordance with the state emergency management program. Minn. Stat. Sec. 12.25, subd. 1. Each local organization for emergency management (hereinafter, the "LOEM") must have a director appointed by the head of the political subdivision. Id. The local director is directly responsible for the organization, administration, and operation of the LOEM, subject to the direction and control of the local governing body. Id. For purposes of Minn. Stat. Chap. 12 (Emergency Management) the term "local organization for emergency management" is defined to mean an organization created in accordance with Chap. 12 by the state or a political subdivision to perform local emergency management functions. Minn. Stat. Sec. 12.03, subd.6. For purposes of Chap. 12, "emergency management" is defined to mean the preparation for and the carrying out of emergency functions, other than functions for which military forces are primarily responsible, to prevent, minimize and repair injury and damage resulting from disasters, "rrom acute shortages of energy, or from incidents occurring at nuclear power plants that pose radiological or other health hazards. Minn. Stat. Sec. 12.03, subd. 4. These functions include, without limitation, firefighting services, police services, medical and health services, rescue, engineering, warning services, communications, radiological, chemical and other special weapons defense, evacuation of persons from stricken areas, emergency human services, emergency transportation, existing or properly assigned functions of plant protection, temporary restoration of public utility services, implementation of energy supply emergency conservation and allocation measures, and other functions related to civilian protections, #)/ " together with all other activities necessary or incidental to preparing for and carrying out such functions. Id. Each LOEM shall perfonn emergency management functions within the territorial limits of the political subdivision within which it is organized and, in addition, shall conduct these functions outside of its territorial limits as may be required pursuant to Minn. Stat. Secs. 12.23 (Facilities, utilization), 12.27 (Mutual aid, arrangements) and 12.32 (Governor's orders and rules, effect). Minn. Stat. Sec. 12.25, subd. 3. Declaration A local emergency may only be declared by the mayor of a municipality or the chair of a county board of commissioners, or their legal successors. Minn. Stat. Sec. 12.29, subd. 1. It may not continue longer than three (3) days, except by or with the consent of the governing body of the political subdivision. Id. An order or proclamation declaring, continuing or tenninating a local emergency must be given prompt, general publication and be filed promptly by the chief local record keeping agency of the political subdivision. Id. An "emergency" is defined to mean an unforeseen combination of circumstances that calls for immediate action to prevent a disaster from developing or occurring. . Minn. Stat. Sec. 12.03, subd. 3. While a "disaster" is defined to mean a situation that creates an actual or imminent serious threat to the health and safety of persons, or a situation that has resulted or is likely to result in catastrophic loss to property or the environment, and for which traditional sources of relief and assistance within the affected area are unable to repair or prevent the injury or loss. Minn. Stat. Sec. 12.03, subd. 2. For purposes of Chap. 12, "imminent" is defined to mean a "clear and present danger to life or property rights as a result of an emergency or disaster." For a brief outline of case law and Minnesota Attorney General opinions regarding what constitutes . an emergency, see Part II of the attached pamphlet entitled "Emergency Contracts" dated June 1998, from the League of Minnesota Cities (hereinafter, the "League Packet"). Effect of Declaration A declaration of a local emergency invokes necessary portions of the response and recovery aspects of applicable local or interjurisdictional disaster plans, and may authorize aid and assistance under those plans. Minn. Stat. Sec. 12.29, subd. 2. Appropriations: Contracting: In carrying out the provisions of Chap. 12 the governor and the governing bodies of the political subdivisions of the state shall utilize the services, equipment, supplies, and facilities of existing departments, offices and agencies of the state and of the political subdivisions of the State of Minnesota to the maximum extent practicable. Minn. Stat. Sec. 12.23. To that end, when necessary 2. " each political subdivision may make appropriations for expenses of its LOEM, and any local contingent civil air patrol. Minn. Stat. Sec. 12.26, subd. 1. All such appropriations shall be made in the same manner as for appropriating funds for the ordinary expenses of the political subdivision. Id. However, notwithstanding any statutory or charter provision to the contrary, during an emergency or disaster each political subdivision acting (within or without the corporate limits of the political subdivision) through its governing body may: 1. Enter into contracts and incur obligations necessary to combat the disaster by protecting the health and safety of persons and property and by providing emergency assistance to the victims of the disaster; and . 2. Exercise the powers vested by this subdivision in light of the exigencies of the disaster without compliance with time-consuming procedures and formalities prescribed by law pertaining to: (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) the performance of public work; entering into contracts; incurring of obligations; employment of temporary workers; rental of equipment; purchase of supplies and materials; limitations upon tax levies; and the appropriation and expenditure of public funds, for example, but not limited to, publication of ordinances and resolutions, publication of calls for bids, provisions of civil service laws and rules, provisions relating to low bids and requirements for budgets. . Minn. Stat. Sec. 12.37. In addition to the foregoing, cities may use an alternative statutory basis for entering into contracts without complying with the formalities of giving notice and competitive bidding, during a special emergency. Subdivision 4 of Minn. Stat. Sec. 365.37 provides that if a special emergency occurs, a town may enter into a contract without notice or competitive bidding. Id. The term "special emergency" is defined to mean "a situation requiring immediate action essential to the health, safety, or welfare of the town." Id. Although this provision is written specifically for towns, it can be utilized by cities pursuant to Minn. Stat. Sec. 415.01, which states that nothing contained in chapters 365 to 368 shall apply to territory embraced within the limits of any city, but each city shall have and exercise within its limits all the powers conferred by these chapters upon towns. .., .). . Therefore, the special emergency exception of Sec. 365.37 will apply to cities as well as towns. However, notwithstanding the foregoing statutory exceptions to the normal contracting procedures in emergency situations, the Minnesota Attorney General has found that certain of the normal procedures must be followed even in emergency situations. Part ILB. of the League Packet cites the following specific procedures that must be followed: 1. Special Assessment Procedures. Any project to be paid with special assessments must follow the public notice and hearing requirements. A.G. Op. 707a-15, Jan. II, 1961. 2. Election Procedures. Any issue that requires an election must follow this procedure. A.G. Op. 469a-ll, Feb. 14, 1966. The League Packet states that this would apparently include issuing general obligation bonds, as well as other situations where voter approval is needed before doing an act (such as amendments to charter, etc.). 3. Public Notice Requirements. If the emergency is one where published notice cannot be given, public notice should be given by posting or by other available means. A.G. Gp. Jan. 31, 1944. . Other Considerations: The conflict of interest laws under Chapter 471 (regarding a city's ability to contract with one of its city officials) will most likely apply even in emergency situations. However, the League Packet (Part V) states that as of June 1998, no Minnesota court has dealt with this issue. During an emergency or disaster a person holding a license, certificate or permit issued by another state of the United States, evidencing the meeting of qualifications for professional, mechanical, or other skills may render aid involving those skills in the State of Minnesota. Minn. Stat. Sec. 12.42. . The license, certificate or permit, while rendering such aid, will have the same force and effect as if issued by the State of Minnesota. Id. In addition, no person may be hired or associated in any capacity in an emergency management organization established under Chap. 12 who advocates or has advocated a change by force or violence in the constitutional form of the Government of the United States or in the State of Minnesota or the overthrow of any government in the United States by force or violence, or who has been convicted of or is under indictment or information charging any subversive act against the United States. Minn. Stat. Sec. 12.43. Each person who is appointed to serve in an organization for emergency management shall, before entering upon any duties, take an oath, in writing, before a person authorized to administer oaths in the State of Minnesota, which must be substantially as follows: I, , do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of Minnesota against all enemies, foreign 4. . " . . and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter. And I do further swear (or affirm) that I do not advocate, nor am I a member of any political party or organization that advocates the overthrow of the Government of the United States or of this state by force or violence; and that during such time as I am a member of the (name of emergency management organization), I will not advocate nor become a member of any political party or organization that advocates the overthrow of the Government of the United States, or of this state, by force or violence. Id. Mutual Aid Between Political Subdivisions The officers and personnel of the departments, offices and agencies of the State of Minnesota and the political subdivisions of the state shall cooperate with and extend services and facilities to the governor and to the emergency management organizations of the state upon request. Minn. Stat. Sec. 12.23. In addition, the director of each LOEM may, in collaboration with other public and private agencies within the State of Minnesota, develop or cause to be developed mutual aid arrangements for reciprocal emergency management aid and assistance in an emergency or disaster too great to be dealt with unassisted. Minn. Stat. Sec. 12.27, subd. 1. Such arrangement must be consistent with the local emergency operations plan and, in time of emergency, each LOEM and its members shall render assistance in accordance with the provisions of the mutual aid arrangements. Id. Each political subdivision shall designate an officer who, exercising discretion and considering the needs of the political subdivision and its inhabitants, may dispatch equipment and personnel as considered necessary if a danger of fire, hazard, casualty, or another similar occurrence exists outside the political subdivision and by its suddenness it would be impractical for the governing body itself to authorize the dispatch of equipment and personnel to combat that emergency or disaster. Minn. Stat. Sec. 12.27, subd. 3(a). Any actions taken pursuant to Section 12.27, subd. 3, is deemed to be an act of the political subdivision, and all provisions for compensation of personnel, rental of equipment, liability insurance coverage, workers' compensation insurance, and other matters pertaining to the political subdivision, its equipment, and personnel, apply in each case as if specifically authorized and directed. Minn. Stat. Sec. 12.27, subd. 3(b). The designated officer shall end the use of equipment and personnel when the need no longer exists or earlier at the officer's discretion if it appears to be in the best interest of the political subdivision. Minn. Stat. Sec. 12.27, subd.3(c). In addition, when, because of an emergency the public interest requires, a political subdivision may request the assistance of another political subdivision. Minn. Stat. Sec. 12.331, subd. I. Upon receiving such a request, a political subdivision (the "sending political subdivision") may go to the assistance of the requesting political subdivision (the "requesting political subdivision"). Id. The receiving political subdivision may accept and use the personnel, equipment, and supplies of the 5. ... . sending political subdivision as agreed upon by both political subdivisions. Id. Unless there is a written agreement between the political subdivisions establishing the rules for conducting these activities, the following provisions shall apply while the political subdivisions are engaged in the aforementioned activities: (a) For the purposes of worker's compensation insurance, the employees, officers and members of the sending political subdivision have the same powers, duties, rights, privileges, and immunities as if they were performing similar services in the sending political subdivision and are considered to be acting within the scope of and in the course of their regular employment, as employees of the sending political subdivision. (b) For the purposes of chapter 466 [Tort Liability, Political Subdivisions], the employees and officers of the sending political subdivision are deemed to be employees, as defined in section 466.01, subdivision 6, of the receiving political subdivision. . (c) The sending political subdivision shall be responsible for any damages to its equipment. (d) The receiving political subdivision shall reimburse the sending political subdivision for the supplies used and the compensation paid to the officers and members of the forces furnished, during the time when the rendition of aid prevents them from performing their duties in the sending political subdivision, and for the actual travel and maintenance expenses of the officers and members while so engaged. A claim for loss, damage, or expense in using equipment or supplies or for additional expenses incurred in operating or maintaining them must not be allowed unless within 90 days after the loss, damage, or expense is sustained or incurred, an itemized notice of it, verified by an officer or employee of the municipality having knowledge of the facts, is filed with the clerk of the receiving political subdivision. . Minn. Stat. Sec. 12.331, subd. 2. 0477774.01 6. , , ", CHECK APPROVAL LISTING FOR APRIL 12. 1999 COUNCIL MEETING CHECKS ISSUED SINCE MARCH 24, 1999 . CK NO TO WHOM ISSUED 24944 KATHLEEN HEBERT 24945 AT&T WIRELESS 24946 BRADLEY NIELSEN 24947 NORTHERN STATES POWER 24948 PETTY CASH 24949 ALAN ROLEK 24950 CENTRAL DATA SUPPLY 24951 MARLIN'S TRUCKING 24952 QUALITY WINE & SPIRITS 24953 US POSTMASTER 24954 PERA 24955 ICMA RETIREMENT TRUST 457 24956 CITY COUNTY CREDIT UNION 24957 LARKIN, HOFFMAN, DALY... 24958 JOSEPH PAZANDAK 24959 UNITED PARCEL SERVICE 24960 US WEST 24961 US WEST DEX 24962 BELLBOY CORPORATION 24963 BELLBOY BAR SUPPLY 24964 GTE DIRECTORIES 24965 GRIGGS, COOPER & CO. 24966 JOHNSON BROS. LIQUOR 24967 LAKE REGION VENDING 24968 LEEF 24969 MARLIN'S TRUCKING 24970 PAUSTIS WINE COMPANY 24971 PHILLIPS WINE & SPIRITS 24972 QUALITY WINE & SPIRITS 24973 WASTE MANAGEMENT 24974 THE WINE COMPANY 24975 MEDICA 24976 UNUM LIFE INSURANCE CO. 24977 AFSCME COUNCIL 14 24978 FORTIS BENEFITS INS. CO. 24979 LMCIT-SOMI 24980 MN NCPERS 24981 CITY OF TONKA BAY 24982 GRIFFIN COMPANIES 24983 TOWLE REAL ESTATE 24984 KATHLEEN HEBERT 24985 HENN CO TREASURER 24986 NORTHERN STATES POWER 24987 ALAN ROLEK . PURPOSE MILEAGE/SEC 125 REIMB AIRTIME SCANNER/SEC 125 REIMB UTILITIES PETTY CASH REIMB. SEC 125 REIMB SUPPLIES FREIGHT L1QUOR/WINE PURCHASE APR. NEWSLETTERl1 ST QTR U/B PERA DEFERRED COMP PAYROLL DEDUCTIONS JAN/FEB LEGAL MILEAGE SHIPPING COMMUNICATIONS ADVERTISING LIQUOR PURCHASE MISC/SUPPL Y PURCHASE ADVERTISING L1QUOR/WINE/MISC PURCHASE L1QUOR/WINE PURCHASE MISC PURCHASE MATS FREIGHT WINE/BEER PURCHASE L1QUOR/WINE PURCHASE L1QUOR/WINE PURCHASE WASTE REMOVAL WINE PURCHASE APRIL HEALTH INSURANCE APRIL LIFE INSURANCE APRIL DELTA DENTAL APRIL DISABILITY APRIL DENTAL INSURANCE APRIL PERA LIFE INSURANCE APRIL RENT - TB UQ/1998 % RENT APRIL RENT-WATERFORD L1Q APRIL RENT-PLAZA L1Q SEC 125 REIMB 99 HAl WASTE LICENSE UTILITIES SEC 125 REIMB AMOUNT $240.08 120.50 287.09 2,629.34 86.40 160.80 408.70 221.85 2,436.40 1,148.53 3,009.67 1,130.40 1,080.80 6,199.10 81.58 6.19 46.55 397.40 4,261.91 317.37 58.65 9,050.14 3,546.63 2,046.24 26.20 11.90 537.40 9,489.73 3,357.19 221.94 419.43 6,765.78 87.90 281.84 94.50 579.62 33.00 4,477.86 4,710.33 2,478.57 192.30 183.60 488.55 195.12 Page 1 .f , . . 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" ,O.D ~tJ ~{: ..J >-i U .,. :5 o u Ct ~l:~ o ,". ::> ::l 3 Cf 10-..... ._{ ..J ..J J.J Z <I: UJ ~ I if1 n-: uJ ~ (5 ...1 u... ,:) f:J c) ':I ':J: ':J: ~r: ~L ~x. (!) ,~5 a ,. :lo ,.L 1I1 Ql bO III p.. _J .'1' i ill z: ::> u... :'_L ~~_ CL DDD D (3 (3 >-( ~-; J--..l _1 ..J ._1 aJ Q. '"' -'- o I fj) if) 3: w " n-: :.i1 ;..'- .J ~~ 'j! ~.u .,:$: o ..J LL 3: J.1 CL w a ':J: .J -1 >-i : ~ ~. f)) ;J.1 x: ':J: I :::- ~,-, ::> Il ("1 (IJ ?'I C' :.1-i ~~...~ CITY OF SHORE WOOD CHECK APPROVAL LIST FOR APR. l2. 1999 COUNCIL MTG CHECK I VENDOR NAME DESCRIPTION DEPT. AMOUNT -------- ------------------------- ------------------------ -------- ----------- *** TOTAL FOR LAKESHORE WEEKLY NEW l08.88 25039 MN MUNICIPAL BEVERAGE AS. LIQ OP MGR MAILING -------- 4l.6J LIQ OP MGR MAILING LIQUOR 4l.6J LIQ OP MGR MAILING LIQUOR 4l.66 *** TOTAL FOR MN MUNICIPAL 6EVERAG l25.00 *** TOTAL CHECKS FOR APPROVAL ll2.JOJ.33 *** TOTAL CHECK APPROVAL LIST 223,718.23 . . Page 6 Tuesday, March 30,1999 Page 1 of2 Page 7 Check # Last Name First Name MI Check Amt Check Date 214331 PAZANDAK JOSEPH E 1,165.28 3/30/99 214332 POUNDER CHRISTOPHER J 967.56 3/30/99 214333 RANDALL DANIEL J 949.24 3/30/99 214334 REINSTRA BRIAN C 103.78 3/30/99 214335 ROERICK BRIAN M 27.95 3/30/99 214336 ROLEK ALAN J 1,204.74 3/30/99 214337 RUTLEDGE PATRICK D 99.04 3/30/99 214338 SCHMID CHRISTOPHER E 664.99 3/30/99 Total of Checks $22,566.22 . . Tuesday, March 30,1999 Page 2 of2 Page 8