032299 CC Reg AgP
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CITY OF SHOREWOOD
CITY COUNCIL REGULAR MEETING
MONDAY, MARCH 22, 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 8, 1999 (Att.-#2A Minutes)
B. City Council Regular Meeting Minutes March 8 (Att.-#2B Minutes)
3 . CONSENT AGENDA - Motion to approve items on Consent Agenda & Adopt
Resolutions Therein:
A. A Motion to Adopt a Resolution Approving a Temporary Gambling License - Sons of
the American Legion, 24450 Smithtown Road (Att.-#3A Proposed Resolution)
B. A Motion to Adopt a Resolution Making Appointments to the Shorewood
Park Foundation (Att.-#3B Proposed Resolution)
C. A Motion to Approve an Extension of Deadline for Compliance With a Code Violation
Notice (Att.-#3C Planner's Memorandum)
Appellant: Andrea Oien and Harold Rochat
Location: 4680 Fatima Place
NOTE: Give the public an opportunity to request an item be removed
from the Consent Agenda. Comments can be taken or questions asked
following removal from Consent Agenda.
4 . MATTERS FROM THE FLOOR (No Council action will be taken.)
s. PRESENTATION OF PRE-BOARD OF REVIEW REPORT BY CITY
ASSESSOR TOM CARROLL
6 . PARKS - Report by Representative
Report on March 9, 1999 Park Commission Meeting (Att.-#6 Draft Minutes)
7 . PLANNING - Report by Representative
General Discussion on Comprehensive Plan Issues
lIP '6:
CITY COUNCIL AGENDA - MARCH 22, 1999
PAGE 2 OF 2
8. PRESENTATION BY KATHY TIMBERG ON THE MINNEWASHTA
SCHOOL WETLAND PROJECT & REQUEST FOR FUNDS (Att.-#8 Letter of
Request)
9. CONSIDERATION OF A REQUEST TO DONATE WATER ASSESSMENT
TO MN LAND TRUST (Att.-#9 Letter of Request)
10. DISCUSSION ON EMERGENCY PREPAREDNESS POLICY
Staff Update on City's Y2k Efforts
11. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION
SUPPORTING REPEAL OF THE STATE SALES TAX FOR LOCAL
GOVERNMENT PURCHASES (Att.-#ll Proposed Resolution)
12. CONSIDERATION OF A REQUEST FOR ADDITIONAL TIME TO COMPLY
WITHA ZONING VIOLATION NOTICE(Att.-#12 Planner's Memorandum)
Appellant: Steve Melco
Location: 5770 Smithtown Circle
13. CONSIDERATION OF FUTURE OF LAND CONSERVATION
RECOMMENDATIONS (Att.-#13 Proposed Ordinance)
14. DISCUSSION ON COMPREHENSIVE PLAN
A. Transportation Chapter
B. Community Facilities Chapter
15. ADMINISTRATOR & STAFF REPORTS
Administrator's Report on Community Development Block Grant Program
16. MAYOR & CITY COUNCIL REPORTS
Report on FIre Department Review Committee Meeting of March 9, 1999
17. ADJOURN SUBJECT TO APPROVAL OF CLAIMS (Att.-#17)
SHOREWOOD 1999
TAX ESTIMATES
SO 276 WS 3
SOLID WASTE RATE
0.01904 %
TAX CAPACITY RATE
138.858
EDUCATION HOMESTEAD CREDIT
24.757 %
50,000 639.91 937.26
55,000 703.90 1,030.99
60,000 767.89 1,124.72
65,000 831.88 1,218.44
70,000 895.87 1,312.17
80,000 1,063.78 1,531.56
85,000 1,167.71 1,656.53
90,000 1,271.64 1,781.50
95,000 1,375.56 1,906.47
100,000 1,479.49 2,031.43
110,000 1,700.32 2,281.37
120,000 1,950.26 2,531.31
130,000 2,200.20 2,781.25
140,000 2,450.14 3,031.19
160,000 2,950.01 3,531.07
170,000 3,199.95 3,781.00
180,000 3,449.89 4,030.94
190,000 3,699.83 4,280:88
200,000 3,949.77 4,530.82
210,000 4,199.71 4,780.76
220,000 4,449.64 5,030.70
240,000 4,949.52 5,530.57
250,000 5,199.46 5,780.51
260,000 5,449.40 6,030.45
270,000 5,699.34 6,280.39
280,000 5,949.28 6,530.33
290,000 6,199.21 6,780.27
SHOREWOOD 1999
TAX ESTIMATES
SO 276 WS 3
SOLID WASTE RATE
0.01904 %
TAX CAPACITY RATE
138.858
EDUCATION HOMESTEAD CREDIT
24.757 %
300,000 6,449.15 7,030.21
325,000 7,074.00 7,655.05
350,000 7,698.85 8,279.90
375,000 8,323.69 8,904.75
400,000 8,948.54 9,529.59
425,000 9,573.39 10,154.44
450,000 10,198.23 10,779.29
475,000 10,823.08 11,404.13
525,000 12,072.77 12,653.83
550,000. 12,697.62 13,278.67
575,000 13,322.47 13,903.52
600,000 13,947.31 14,528.36
650,000 15,197.00 15,778.06
700,000 16,446.70 17,027.75
750,000 17,696.39 18,277.44
800,000 18,946.08 19,527.14
850,000 20,195.78 20,776.83
900,000 21,445.47 22,026.52
950,000 22,695.16 23,276.22
2,000,000 48,938.72 49,519.77
3,000,000 73,932.58 74,513.63
4,000,000 98,926.44 99,507.49
5,000,000 123,920.30 124,501.35
. 6,000,000 148,914.16 149,495.21
7,000,000 173,908.02 174,489.07
8,000,000 198,901.88 199,482.93
9,000,000 . 223,895.74 224,476.79
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111t' blonl in Twin Cities housinl ~,tSUt letting up, a "i~Jllhall999
could look a lot like t99R and affordable'homes will continue to he scarre.
Home prices Just keep going up
I, .... I"'"
'ltar Trim,,,, '\tnff Writ"
Homf! print incre..es
bluted well beyond the rate
of Innation in rhe Twin Cltl..
last ,..r. If the price trend
coadDues, 1999 should be a
teIIen' market and a poten-
ffally fnmratinl'ime (or pea-
~~~rching ror affordable
In 1998, there was In 8.1
percent Increlse In the medi.
an sale pftce o( .....r.JlJ
homes 1ft che Twin 01......
ropolltan. area, The mecBaa
price was SlllUOO 1ft 19t7
and rOle to S128.000 in 1-'
, accordin. tn a repon reIeuecI
Wedn~y by the National
Aanclation or Realtors,
Sale pric~ in the Twin Cit-'
it'S Irfl!a grew ..0 dramatically
!;,ef Y"lU ,hltf 'hf'Y outpaced
eoven ,he he~f'p~rforminl reo
~on in th~ country: the Mid-
w~t. which pn~tf.'d a fourth-
quant'r mMfilln qle price of
S1l4.400. a 1.1 percent in.
crease from the previous year.
"
",J
DurinK the fourth quarter
1)( t~8. fhe, median home
we price In the Twtn CIties
rose 9.7 percent from the pre-
vious year. from SI18.100 to
SI30.200. That'lsubatlntially
above the fourth.quarter In-
lJadon rat_o(2-1 perant.
11\_ median II the mid-
pofnt at which half the home.
sell for less aJKI half sell Cor
more.
al think uaditionaUy what
you He i. 3, 4 IIlCI 5 peIQtIlt
iDcreIIeI on a ,..., .....~'
said .Iohn ~ . .....
aaentwlthTwhlOlb=1ft
Crystal and the 1_ t
of the Minneapolis Area AJIo.
dation of Realton. "This is
one-and-a.haIfdmel what you
normaDy have. It was an extra-
l)rdinary year in price and vol.
umt',"
__ ......dlIU.I _ All
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pwh tMrfSGI1I."""tfon. 81
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tne PIll .,. r.1tIen most rapdy n the MIcIwesl The
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! lte medan tune crt:e for the fr:u't
'97 '98 quarter "r 1998 was ~
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..... t_ .IIDINTIAL. MTwo-ITUDY 31Q111
MUNICIPALITY . SA&.U MIDIAN MIM COO MUNICIPALITY
~LOOMlNGTON 47. 94..... 15'% U MEDINA
BROOKLYN CeNTER 347 94~ 941% U MINNEAPOUS
BROOKLYN PARK 411 93,~ 94.'" U MINNETONICA
CHAMPLIN 313 94.1% II,~ 5.7 MlNNETONKA lEACH
CORCORAN 3t 93,'" tzA 7,5 MtNNETRI8TA
CRYSTAL 343 14,'% IIA U MOUND
OAYTON ... 14.'" ..7% 4.0 NEW HOPE
DEEPHAVEN U ... 14A '.1 ORONO
EOEN PRAIRIE 111 ... IIA 4.1 OSSEO
EDINA .. .. .... U PLYIDII'H
.~~. ..... ,,"'.';:
EXC&I.SIOR ZZ -,,: U .,~v,.,'~,:" RIa"'~ '..~...
~~,,~:.~~t:':' ...'''"'~
GOLDENYHUY 131 . .... ;,;~, .f', 5.t RC..lIilD1dJ~.:,
....", ;;i
GREENFIILD 11 14.. .. 7.5 ROCKFORD
GReENWOOD 17 ... 14A 5,0 ROGERS
HANOVEit 3 ..- tzA 7.5 ST ANTttON'f "':
HASSAN 15 14.. ... 1,1 ST BONIFACIUS
HOPKINS 131 .... ... 7.. ST LOUIS PARK
INDEPENDENCE ,20 ....... ..- 1.3 8tIORI\'VODD
LONG LN<E 31 ...ft, MA 3.0 SPRING PARK
LORElTO 1 .... ... U TONKA BAY
MAPLE GROVE 885 14.4% 14_ 5.4 WAY1ATA
MAPlE PLAII %1 .... .... .... WOOOtMD
. SALIS MEDIAN
3' 93.'"
... 972%
588 94.7"
. 95,8'%
~". t
53 94..%
117 14,5%
224 13.9%
114 t3,8'%
20 14A
142 13..
.. ~
. _ ..,5
o
20
84
7
MEDIClNILAICa 5...... u~"'7t'" ~.'......- 1.181
'~, ;/.,-~t,,:,,)::, __\-':':':', -,:~\.
~",~~,;."~~:~~",,..:..~'J1,'ALLI.~~'" M.Oio,
-rarAL.......'__AREVIlI!ilfI.n'ED~.~ .;
",
95..3% 14.1% ..7
94.0% 15.'''- 8.3
17.'''- t5.n. 5.6
....,. II..a 5.0
14.nr. ..... 7.5
te.a ..ft ..4
t5.a 14.5% 6.2
95,7% 94.1"- .::-
".7'% ...- 3.6
.... ... 6.1
.... "7'% 7,5
18
...
123
7
2t
50
MEAN COO
92.1%
97 ." 10 .
95.0% 6:
94,9% 23
13.1% 89
95.3"- 67
94.7% 5.3
11.7% 8.4
13.1% 7.2
13,1% 6.2
"'7'% ..0
..,5 72
319/99
1999 Average Residential Growth
~*' ..1.4;.., .
.,..,.
," '"".
Deephaven
Excelsior
Greenwood
Long Lake
Minnetonka
Minnetonka Beach .
: "i:,.,.;:,:..;i~,:'".
Minnetri .
',"'Y .,,,..
MOUr1cr~,;~*(ji ..,;
Orono
Shorewood
Spring Park
Tonka Bay
Wayzata
Woodland'
5.7%
6.9%
4.7%
6.3%
3.9%
5.3%
5.5%"
1'>')'.".
7. 3 ,,'i~#.,;i)'"
10.3%/ ,
6.1%
7.9% .
0.7%
4.7%
5.3%
19.7%
8.7%
8.1 %
8.8%
2.5%
1.3%
13.496
1 0:1"
9.9%
10.7%
3.0%
1 0.1 %
7.3%
9.7%
.,
~
ASSESSMENT FACT SHEET
UPDATED 2199
The purpose of this local board meeting is to review the Estimated Market Value and Classification for the 1999
assessment, which will be reflected in taxes payable for 2000.
Any questions regarding the taxes payable in 1999 cannot be addressed at this meeting because they are based on the
assessment made in 1998. This Board has no authority to act on the 1999 taxes as per MN statute, Sec. 274.01.
While we realize the MN Property Tax system is rather complicated and, at times, difficult to understand, it is hoped that
the following information will help you when trying to communicate your questions and concerns with regards to your
property's market value.
State law requires that the value and classification of real estate be established as of January 2nd of each year. Market
values are based on sales of properties within your market area. The MN Department of Revenue requires the overall
level of assessment to be between 90% and 105% of market value. If the overall level of assessment is not at least 90%,
the state may impose an aggregate increase on all properties within a city or classification. If sales indicated the market
values have changed, the assessor must follow the trend indicated, whether it is to increase or decrease property values.
Mass appraisal is the method used by assessors to estimate the market value of properties. Each property is physically
viewed every four years. In addition, all new construction, alterations, or improvements will be appraised annually.
COMMONLY ASJID OUESTIONS AT BOARD OF REVIEW MEETINGS
1. IS IT IllEGAL FOR THE ASSESSOR TO INCREASE MY VALUE SO MUCH IN ONE YEAR?
No. The assessor must value property at market value each year. Property values change continuously with
changing economic conditions. There is no limit as to the amount of increase or decrease in property values in a
given year.
2. WHEN WIll THE VALUE INCREASES STOP?
This is impossible to predict: Our values are dictated by the market. If sale prices are increasing, our
estimated market values will increase. If sale prices are falling, then our estimated market values must follow
that trend.
J. WllA7 DOES THB ASSESSOll: LOOKAT TO DBTERMINE A PROPERTY'S MARKET VALUE?
Each property is viewed to gather information on all characteristics that affect its market value such as location,
size, age, quality of construction, amenities {i.e. walkout basements, fireplaces, and extra baths), and site
characteristics.
4. AS A HOMESTEADING RESIDENT WlU I BE TAXED OFF MY PROPERTY, ESPEClAUY IF I AM
ON A LIMITED INCOME?
Homesteading residents are eligible for property tax breaks in Minnesota by use of the Homestead Classification.
This significantly decreases the property taxes on most residences. In addition to the Homestead Classification,
residents of Minnesota are eligible to apply for the Regular Property Tax Refund or the Special Property Tax
Refund. Both of these must be applied for using the M - 1 PR form issued by the State of MN. The Regular
Refund is based on income so check the requirements stated on the form. You may qualify for the Special
Refund if your property taxes increased by more than 12% from 1998 to 1999 and the increase was $100 or
more. There are specific guidelines for each refund, which are included with the instructions for the M - 1 PRo
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DATE: ",197
SECTION: 4110
PAGE: ,
S. The authority of the local board extends o\'er the individual assessments of real and
personal property. The board can't increase or decrease by percentage all of the
assessments in the district ofa given clus of property, Changes in the aggregate
assessments by classes are made by the county board of equalization,
6. Although the local board of review bas the authority to increase or reduce individual
assessments, the total of such adjustments must not reduce the aggregate assessment
made by the county assasor by more than one percent of said aggregate assessment.
If the total of such adjustments does lower the aggregate assessment made by the
county assessor by more than one percent, none of the adjustments will be allowed.
This limitation doesn't apply, however, to the correction of clerical errors or to the
removal of duplicate assessments.
7, The local board of review doesn't have the authority in any year to reopen fonner
assessments on which taxes are due and payable. The board considers only the
assessments that are in process in the current year. Occasionally a taxpayer may
appear with a tax statement and protest the taxes or asses~ent of the previous year.
The board should ~lain tactfully that it has not authority to consider such matters.
After taxes have been extended, adjustment can be made only by the process of
application for abatement or by legal action.
~~
$
8. In reviewing the individual assessments, the board may find instances of
undervaluation. Before the board raises the market value of property, it must notify
the owner. The law doesn't prescribe any particular form of notice except that the
person whose property is to be increased in assessment must be notified of the intent
of the board to make the increase. The local board of review meetings assure a
property owner an opportunity to contest the valuation or classification that has been
placed on his property or to contest or to protest any other matter relating to the
taxability ofms property. The board is required to review the matter and make any
corrections that it deems just.
l
9. When a local board of review convenes, it is necessary that a majority of the members
be in attendance in order that any valid action may be taken, The local assessor is
required by law to be present with his assessmept books and papers. He is required
also to take part in the proceedings but has no vote. In addition to the local assessor~
the county assessor or one of his assistants is required to attend, The board should :
ask the local assessor and county assessor to present any tables that have been
prepared, making comparisons of the current assessments in the district. Thf; county
assessor is required to have maps and tables relating particularly to land values for the
guidance of boards of review. Comparisons should be presented of assessments of
types of property with previous years and with other assessment districts in the same .
county,
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Hennepin County "Government
Page 1 of2
low graphics/non-table Home Page
Welcome to Hennepin County, ~linnesota
Serl,'iccs.
Last updated May J 8, J 998
~Vhat's lVerVArilt!nd IJere .
.Assessor
.Attornev
.Au~tion information
.Children and Familv
Services -adoption, foster
care, etc.
.Community
Corrections
.Community Health eThe Hennepin County HRA announces the availability of$13.9 million in
.Courts .. mortgage funds for First-Time Homebuyers in suburban Hennepin County.
.Economlc Assistance -
chil~ sUPPO!1, food stamps, -1998 Nei~hborhood Collections for Unwanted Garden and Household
medIcal assistance, etc. -
.Environmental Services Hazardous Wastes (UGH) are scheduled for: .
.Law Library · May 28-30, Minnetonka
.Libraries · June 11-13, St. Louis Park
.Medical Center . June 25-27, Minnetrista
.Pilot City Health
Center
.Roads - closures and
construction
.Service Centers -
.On June 11, 1998 the County, and various municipalities, will hold a
public auction of used government-owned equipment. We've got boats, and
trailers, and lawn mowers, and truck parts, and antique drafting tables, and
pallets of miscellaneous stuff, and more and more. Check it out.
. The Sheriff's Annual Report is now available on-line.
. The Office of Planning & Development's Development Planning Unit has
published information about the state and federal housing rehabilitation and
loan programs adminisered by the County.
http://www.co.hennepin.mn.us/
5120/98
.'
Hennepin County 'Government
Page 2 of2
Licenses, vital records,
vehicle registration, notary eG1en Lake Golf Course opened April 11.
public, passports, etc.
.Sheriff
ct Tan!eted Contract
Services Division
e TUDaver Services -
property tax & records,
elections, surveyor, etc.
e TraininlZ &
EmDlovment Assistance
.Weather - emergency
preparedness
.Bud2efandFlnancial
Information
eCable TV
.Citizen Advisory
Boards & Committees
.Deoartments Index
.pocumeats Index
. Feedback
.Index
.Links
.Search - Web Site
.Searcb - ProDertv
Information
eServices Index
he 1998 Citizens Guide to Hennepin County contains
aluable information about services and programs the county
rovides for you. View the on-line version here,
. The Community Health Department has published a Health Insurance
Access Issue Brief. The report summarizes a study on the number of persons
without health insurance. Check it out online or call (612) 348-3925 for a
copy.
.Spring Greetings from Bob the Cat
. The Board of Commissioners is seeking applicants for vacancies on the
Mental Commitment Attorney Panel Advisory Board. and the Community
Health Services Advisory Committee.
.Check Public Affairs Department for news releases, publications and
special events information.
eSee HapDenings for announcements, community resources and events
information.
fVl1at is tl1is Jreb Site .About . . .
Hennepin is an urban county with a population of about 1.2 million people in
46 municipalities. The City of Minneapolis is the County seat. The COJUlty
Board of Commissioners is the governing policy board; the Administrator.
directs County operations. The County organization is comprised of 26 .
departments. the County Attorney's Office, Sheriff's Office. Court
Administration and Public Defender.
Information on services provided by the County can be selected from the list
on the left or from the more detailed listing in Services Index. For general,
statistical and demographic information, see About Hennepin County or the
document 1997 Indicators.
Resident services not provided by the County are usually provided by YOllr
City; i.e., animal control, waste removal, water & sewer, building permits,
zoning. We've listed City addresses, phone numbers, and links to Web sites in
Cities in Hennepin County.
Hennepin County is providing this information as a public service. We hope this will allow you to
use Hennepin County services in a convenient manner. Feedback is important to us, so please send
your comments on our Web Site to Henn.Net@co.henneDin.mn.usoruseour Feedback Form.
. Server Statistics
111247 (9-3-97)
http://www.co.hennepin.mn.usl
5120198
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CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (612) 474-3236
FAX (612) 474-0128. www.state.netlshorewood . cityhall@shorewood.state.net
Executive Summary f
Shorewood City Council Regular Meeting .
Monday, March 22, 1999
1
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Agenda Item #3A: This resolution approves a temporary gambling license for the Sons of the American
Legion to host a raffle on September 25, 1999 at the American Legion. Proceeds will benefit the
American Legion.
Agenda Item #3B: This resolution makes appointments to the Shorewood Park Foundation. It reappoints
those whose three year terms are up in March of 1999. It also lists Roxanne Martin as an at-large
member taking the place of Ann Packard who indicated she did not wish to be reappointed. This is at
the recommendation of Chair Ken Dallman. The by-laws calls for the City Administrator and a City
Council member to be non-voting members. Scott Zerby is listed because he is the Park Commission
liaison. Scott Zerby and I have not had an opportunity to discuss this in great detail, but we will do so
before the meeting. If there are any questions or concerns, this resolution certainly can be delayed to
another meeting because the current members continue until they are replaced.
Agenda Item #5: City Assessor Tom Carroll will give a brief report to the City Council concerning trends
in property values for Shorewood and surrounding areas. He will present to the Council the pre-
Board of Review report. The Board of Review is scheduled for Monday evening, April 19 .
Agenda Item #8: Kathy Timberg, Minnewashta School Scientist in Residence, will give a report on their
wetland project. Her letter of request for funds which may be around $300 is included in the packet.
Agenda Item #9: This is a letter of request for a special assessment funds paid on the property which is
now the Eureka Road Preserve to be donated to the Minnesota Land Trust. Please refer to.the
memorandum in the Council packet.
Agenda Item #10: Please bring your City of Shorewood Emergency Preparedness
handbook dated September 14, 1998 to the meeting. If you are unable to locate it, let us know so
we can make a copy for you. Chief Litsey will be present to discuss emergency preparedness
planning. We will also discuss the role of the various City officials in disaster situations.
Agenda Item #11: The League of Minnesota Cities has asked each city to consider a resolution supporting
the repeal of sales tax for local government. Depending upon the year this could mean $20,000 to
$40,000 to the City budget.
Agenda Item #12: Please bring your Land Conservation Committee report document to the
meeting. The recommendations can be reviewed one by one by the Council with the hope of reaching
consensus on what direction the City should go. One option of establishing an environment and land
conversation committee is presented in an early draft ordinance form.
Agenda Item #13: Please be prepared to discuss the transportation chapter and the public facilities chapter
of the Comprehensive Plan to give direction to both the Planning and Park Commissions.
n
~.1 PRINTED ON RECYCLED PAPER
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CITY OF SHOREWOOD
CITY COUNCIL EXECUTIVE SESSION
MONDAY, MARCH 8, 1999
CITY COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
6:00 P.M.
/
MINUTES
1 . CONVENE CITY COUNCIL EXECUTIVE SESSION
DRAFT
Mayor Love called the Executive Session to order at 6:35 p.m.
A.
Roll Call
Present:
Mayor Love; Councilmembers Garfunkel, and Lizee; City Administrator Hurm;
City Engineer Brown, Planning Director Nielsen; Finance Director Rolek; and
Attorney Gary VanCleve on behalf City Attorney Tim Keane
Absent:
Councilmember Stover
B . Review Agenda
There were no changes to the agenda as presented.
2. DISCUSSION OF LITIGATION MATTERS
Attorney Van Cleve briefed the Council on several legal matters including Ryan Construction, the
Cabalka case, and the Lundgren Brothers case.
3. ADJOURN
There being no further business, the meeting was adjourned at 7:12 p.m.
ATTEST:
WOODY LOVE, MAYOR
JAMES C. HURM, CITY ADMINISTRATOR
iPZ1f
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CITY OF SHOREWOOD
CITY COUNCIL MEETING
MONDAY, MARCH 8, 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 7:16 p.m.
A.
Roll Call
Present:
Mayor Love; Councilmembers Garfunkel, and Lizee. Councilmember Zerby
arrived at 7 :26 p.m. Also present, Administrator Jim Hurm, Planning Director Brad
Nielsen, Finance Director Rolek, City Engineer Brown, and City Attorney Gary
VanCleve.
Absent:
Councilmember Stover.
B.
Review Agenda
Mayor Love read the agenda for March 8, 1999. He suggested, due to weather conditions, the
agenda be amended as follows: Consent Agenda discussed later during the meeting, Park and
Planning reports be removed, and Items 11 and 12 be tabled to the March 22 meeting.
Garfunkel moved, Lizee seconded, to approve the amended agenda. Motion
passed 3/0.
2 . APPROVAL OF MINUTES
City Council Regular Meeting Minutes - February 22, 1999
Lizee moved, Garfunkel seconded to approve the City Council Regular Meeting
Minutes of February 22, 1999, with the following correction on Page 3,
Paragraph 10: He also pointed out that the DNR funding may not be available for
Shorewood, as it is a Dew . pFogram.. because the fundine would be very
competitive. Motion passed 3/0.
3. CONSENT AGENDA
This item was considered after Item #7 on the agenda.
4. MATTERS FROM THE FLOOR
No one was present f~r this item.
5 . PARKS - Report by Representative
This item was removed from the agenda.
6. PLANNING - Report by Representative
This item was removed from the agenda.
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CITY COUNCIL REGULAR MEETING MINUTES
MARCH 8, 1999 - PAGE 2
7. UPDATE ON SOUTHSHORE CENTER ACTIVITY FOR 1998 - JOYCE
FLURY, CENTER DIRECTOR
Joyce Flury, Southshore Center Director, gave a recap of the 1998 activities at the Southshore
Center. She reviewed the materials provided in the packet regarding usage, meals served and
transportation provided. She reviewed the challenges they face, specifically regarding funding.
She also thanked the City for its cooperation during the past year, and specifically the City's help
with snowplowing.
Mayor Love commented on the recently held Trail Open House at the Center and suggested
brochures be available during these meetings to make the public aware of the Center's rental
opportunities.
Councilmember Zerby arrived at this time.
3 . CONSENT AGENDA
Garfunkel moved, Lizee seconded approving the Motion contained on the Consent .
Agenda as presented, and Adopting the Resolution therein:
A Motion to Adopt RESOLUTION # 99-015 "A Resolution Approving a
Conditional Use Permit for Minnewashta Elementary School."
Applicant: Independent School District 276
Location: 26350 Smithtown Road
Motion passed 4/0.
8. CONSIDERA TION OF A MOTION REGARDING A REVISED JOB
DESCRIPTION - LIQUOR STORE MANAGER
Councilmember Garfunkelacknowledged the resignation received from the current Liquor Store
Manager, Bill Josephson, effective June 30, 1999. He stated the Liquor Committee recommends
restructuring the organization to include a full-time liquor operations manager, who would be in
charge of day-to-day operations of all three stores. He noted the Committee would like to hire an
individual familiar with the retail liquor operation. He pointed out the job description for the .
assistant manager may change based upon the recommendations of the future operations manager.
Garfunkel moved, Zerby seconded to approve the revised Liquor Operations
Manager job description as presented. Motion passed 4/0.
9. CONSIDERATION OF A MOTION AUTHORIZING PUBLICATION OF
AN ADVERTISEMENT FOR FULL-TIME LIQUOR STORE MANAGER
Lizee moved, Garfunkel seconded to adjourn to authorize advertisement of a full-
time Liquor Operations Manager position. Motion passed 4/0.
Councilmember Garfunkel explained the position would be advertised through the Minnesota
Municipal Beverage Association and through the normal advertising media utilized by the City. He
noted that Bill Josephson will be helping with the selection process and through the transition
period.
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CITY COUNCIL REGULAR MEETING MINUTES
MARCH 8, 1999 - PAGE 3
10. CONSIDERATION OF A MOTION AUTHORIZING REPLACEMENT OF
COMPUTER EQUIPMENT
.
Administrator Hurm reviewed the memorandum regarding replacements. He noted this is not part
of the normal budget process for the year, but because of the frustration experienced by staff with
the computer system, it was decided the replacement would be best at this time. He added there is
a balance of $14,500 in the Capital Budget for office equipment, which will be replenished over
the next five years. He stated this type of purchase is what the fund was intended for. The balance
will cover the entire cost of replacement.
Engineer Brown commented that due to the cross-platform of Macs and PCs, network
administration has been very time consuming. He felt it was most cost effective at this time to
replace the remaining Macs with PCs as was stated in the original technology plan.
Garfunkel moved, Zerby seconded to accept the recommendations regarding
replacement of computer equipment and Internet service, as contained in the
report. Motion passed 4/0.
Councilmember Zerby asked about the usage of the second laptop for the Council Chambers.
Engineer Brown reported this machine will be connected to the LCD and used for presentations.
He noted the Macs were not compatible with the LCD projector and added less time will be wasted
with conversation of documents for usage in presentations.
Councilmember Zerby supported the changes regarding the Internet service provider and
improvements to the HomePage.
Councilmembers directed staff to dispose of the equipment in the most cost effective way.
11. CONSIDERATION OF FUTURE LAND CONSERVATION
RECOMMENDATIONS
This item was tabled to the March 22, 1999 City Council meeting.
.
12. DISCUSSION ON COMPREHENSIVE PLAN - TRANSPORTATION
CHAPTER
This item was tabled to the March 22, 1999 City Council meeting.
13. ADMINISTRATOR AND STAFF REPORTS
A. Engineer's Report on Public Meeting Held on March 4, 1999
Regarding County Road 19 Improvements
Engineer Brown reported on the public meeting held regarding improvements to County Road 19.
He stated approximately 20 people were in attendance, and the majority opinion seemed to support
Alternative 3 which is realignment of the intersection. The City's next step would be to relay this
information to the County so they can proceed with the project. Brown stated. staff will continue to
monitor comments received at the City.
Mayor Love stated he would like to further discuss enhancing the open space areas near the
improved intersection with plantings, such as is done in Excelsior.
,
CITY COUNCIL REGULAR MEETING MINUTES
MARCH 8, 1999 - PAGE 4
Councilmember Zerby noted it helped residents in attendance to visualize the changes by reviewing
the proposed altematives on a map. He felt additional information should be included in the
newsletter along with a map so those not in attendance are made aware of the proposed
improvements.
Mayor Love felt that would be appropriate and suggested additional information be put out on the
Internet.
B. Administrator's Report on Upcoming Meeting on March 12, 1999
Administrator Hurm reported there will be a meeting sponsored by the Minnehaha Creek
Watershed District on Friday, March 12. This meeting is intended for administrators and
engineers, but noted due to conflicts in scheduling, the City will not send a representative. He
noted Hennepin County will be sponsoring a meeting that same date regarding Community
Development Block Grant funds and the Consolidated Pool methodology.
Mayor Love noted that City officials will be meeting with the Watershed District in the near future
regarding upcoming projects, such as the County Road 19, during which time other issues can be
discussed.
14 . MAYOR AND CITY COUNCIL REPORTS
.
Report on February 23, 1999 Fire Department Review Committee Meeting
Councilmember Garfunkel recapped the meeting of the Fire Department Review Committee
meeting held February 23. He stated the Committee discussed fire department response times. He
reported a representative from Hennepin County was in attendance to discuss ambulance service
for the area.
Mayor Love explained some of the reasons why service to the west side of the City is slower and
stated additional discussion on the subject will continue and be reported back to the Council.
Councilmember Garfunkel reported on the quotes received for the consulting service. He noted the
Committee decided to utilize the services of Steve Finch for benchmarking services.
Other Issues
.
Councilmember Garfunkel questioned Engineer Brown regarding soil borings being conducted on
Eureka Road.
Engineer Brown responded those activities are happening in conjunction with the Eagle Crest
development. Staff did respond to the resident who inquired, and the trucks were moved
promptly.
Planning Director Nielsen noted the Land Conservation Committee report recommended a follow-
up committee to implement their recommendations. He noted there is a new program out through
the Department of Natural Resources called "Metro Greenways", which provides money both for
planning and land acquisition. He stated the deadline for nominations is March 15, and suggested
the City pursue a six acre site on County Road 19 just north of the carpet store for acquisition
through this program.
Mayor Love elaborated on the history of the site, including some of the problems with drainage on
or near the site.
.
.
-
CITY COUNCIL REGULAR MEETING MINUTES
MARCH 8, 1999 - PAGE 5
Councilmembers directed staff to submit the nomination.
Councilmembers reviewed the status report prepared by staff. No other items were added to the
list.
15. ADJOURNMENT
Lizee moved, Garfunkel seconded to adjourn at 8:04 p.m. subject to approval 0 f
claims. Motion passed 4/0.
RESPECTFULL Y SUBMITTED,
ATTEST:
WOODY LOVE, MAYOR
JAMES C. HURM, CITY ADMINISTRATOR
\-
.....
CITY OF SHOREWOOD
RESOLUTION NO. 99-
A RESOLUTION APPROVING
A SINGLE TEMPORARY GAMBLING LICENSE
WHEREAS, the Shorewood City Code, Chapter 301, provides for the
licensing of certain gambling activities in the City; and
WHEREAS, the City prescribes certain restrictions concerning eligibility for
such licensing and application, whereby the licensee will hold the City harmless for all
claims arising out of the granting of such license; and
WHEREAS, the following applicant has met the eligibility requirements for
such a license and has agreed to all terms and conditions of the agreement contained in the
license.
NOW, THEREFORE BE IT RESOLVED by the City Council of the
. City of Shorewood as follows:
That a single temporary license for the conduct of gambling as specified in the terms,
and conditions of the license be issued to Clarence Clofer Squadron 259, Sons of the
American Legion. Said raffle to be held on Saturday, September 25, 1999 at the
Clarence Clofer Post #259, 24450 Smithtown Road, Shorewood, Minnesota.
1999.
ADOPTED by the City Council of the City of Shorewood this 22nd day of March,
ATTEST:
WOODY LOVE, MAYOR
JAMES C. HURM, CITY ADMINISTRATOR
.
1t3A
LG220
Rev06/96
., :J -,
Ct--kt i} " 1G}(v~1)(-(e,d$ d?9'&
() v$;lS:6D
Minnesota Lawful Gambling
Application for Authorization for an
Exemption from Lawful Gambling License
For Board Use Only
Fee Paid
Cheek #
Initals
Date Reed
Organization Name C'ltf-!fn-r./l.. CD/.:e .. 411 ~n '1,~'f -- '-Previous-iawfui-gambling exemption number
~Y] s or-rife I9me;f'/~ J...e~/lJh xo4-:2-13 -'17-CO(
Street City State Zip Code County
;.t '-t c..r 5{) 'S Y'1 (T H CJIPi/ f\D'6 fb~odJ M ~S-) 3 ZJ-lf.-J
Name of Chief Executive Officer of organization (CEO) Daytime Phone number of CEO
First Name Last Name
rt,1J:} 'I t/- '51( (, C(
Daytime Phone Number of Treasurer
Check the box below which best describes
your organization
o Fraternal
Q[ Veterans
o Religious
o Other nonprofit
Check the box that indicates the type of proof attached to this application
by your organization:
o IRS letter indicating income tax exempt status
o Certificate of good standing from the Minnesota Secretary of State's office
o A charter showing you're an affirlate of a parent nonprofit organization
l8l Proof previously submitted and on file with the Gambling Control Board
Name of Establishment where gambling activity will be conducted
C "A-IfI1~f! C Lohlf f1,.s r #"~ ~~
Street City State Zip Code
~.Jf '-I~O ~ I I ~ town tfcl )"totf7ew o"el /lJ/l its :33 !
Date(s) of activity (for raffles, indicate the date of the drawing)
County
1k/7J "~
CJ - :l--S -
Check the box or boxes which indicate the type of gambling activity your organization will ~e conducting
o *Bingo ~ Raffles 0 *Paddlewheels 0 .Pull-tabs ~ *Tipboards
*Equipment for these activities must be obtained from a licensed distributor
For Board Use Only
Date & Initials of Specialist
Be sure the Local Unit of Government and the CEO of your organization sign
the reverse side of this application.
/ L
;
Is this gambling premises located within city limits?1Xl Yes D No
If Yes, write the ;;e;~e~t\ote W CO &
If No, write the name of the County and the Township:
County Name Township Name
Check the appropriate status of the Township: D organized D unorganized D unincorporated
1. The city must sign this application if the gambling
premises is within city limits.
2. The county and township must sign this applica-
tion if the gambling premises is not within city limits.
3. DO NOT submit this application to the Gambling Control
Board if it is denied by the local unit of government.
4. NOTE: A Township may not deny an application.
Upon submission of this application to the Gambling Control Board, the exemption will be issued not
more than 30 days (60 days for cities of the 1st class) from the date the local unit of government .
signed the application, provided the application is complete and all necessary information has been
received, unless the local unit of government passes a resolution to specifically prohibit the activity. A
copy of that resolution must be received by the Gambling Control Board within 30 days of the date
filled in below. Cities of the first class have 60 days in which to disallow the activity.
City or County Acknowledgment of Receipt of ,Township Acknowledgment of Awareness of
Application Application
Signature of person receiving application Signature of person acknowledging application
~~AlJ
Date Received: 3 I ~ 9 Date Signed:
Title person receiving application Title of person acknowledging application
~~~;:nn:on ~ true, accu~ and camPI::
.
/- d {f -II
Submit the application at least 45 days prior to your scheduled date of activity.
Be sure to attach the $25 application fee and a copy of yo~r proof of nonprofit status.
Mail the complete application and attachments to:
Gambling Control Board
1711 W. County Rd B Suite 300S
Roseville, MN 55113
This publication will be made available in alternative format (i.e. large print, braille) upon request
Questions on this.form$hould-be directed to the Licensing Section of the Gambling Control Board at
(612)639-4000.
Hearing impaired individuals using a TDD may call the Minnesota Relay Service at 1-800-627-3529 in the
Greater Minnesota Area or 297-5353 in the Metro Area.
The information requested on this form will be used by the Gambling Control Board (GCB) to determine your
compliance with Minnesota Statues and rules governing lawful gambling activities. All of the information
that you supply on this form will become public information when received by the GCB.
.w
CITY OF SHOREWOOD
RESOLUTION NO. 99-
A RESOLUTION MAKING APPOINTMENTS TO
THE SHOREWOOD PARK FOUNDATION BOARD OF DIRECTORS
WHEREAS, per the directives of the Articles of Incorporation of the Shorewood Parks Foundation, the
Shorewood City Council makes appointments to the Board of Directors for the Foundation; and
WHEREAS, the Bylaws for the Foundation require that each Director be appointed for three years or until
his or her successor shall have been appointed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood that the
Shorewood Park Foundation Board of Directors consists of the following individuals, and that the highlighted
individual is hereby appointed with the term to take effect immediately and shall expire as indicated herein:
Term First
Expires Or~anization Appointee A,I?pointed
3/15/02 Tonka Football Association Jim Wilson 5/96
3/15/02 South Shore Softball Scott Hanson 7/94
3/15/02 Senior Representative Robert Noren 5/96
. 3/15/02 Shorewood Park Commission Ken Dallman 7/94
3/15/02 At Large Bill Keeler 9/94
3/15/00 American Legion Donald Kronberg 6/96
3/15/00 Minnetonka Youth Hockey Assoc. Don Aslesen 10/97
3/15/00 Rotary Club Don Kelly 3/95
3/15/00 Minnetonka Community Education Tad Shaw 7/94
3/15/00 At Large Gordon Lindstrom 7/94
Non- Voting, City Administrator
James C. Hurm
7/94
.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 22nd day of
March, 1999.
A TTEST:
WOODY LOVE, MAYOR
JAMES C. HURM, CITY ADMINISTRATOR
#38
.,.
To:
Councilmember Scott Zerby, Park Commission Liaison
James C. Hurm ~
City Administrator
Mazch 15, 1999 ... · .......
From:
Date:
Re:
Shorewood Park Foundation Appointments
Attached please find a membership roster of the Shorewood Parks Foundation and
appropriate sections of the by-laws.
The positions up for re-appointment in Man:h are:
Tonka Football Association - Association President, Ken Houston (19645 Muirfield
Circle), has indicated that he would like fun WIlson to remain on as their representative.
Jim is willing to do so.
.
South Shore Softball - Scott Hanson is interested in remaining on as representative.
Senior Representative - Dr. Robert Noren is willing to remain on the foundation.
Park Commission - The Park Commission recommends that Ken Dallman remain with
Chuck Cochran, who's term is not up.
At Large - Bill Keeler - Bill is interested is remaining on the foundation.
.
At Large - Ann Packard - Who's term was to be up in Man:h of 200 1 called to indicate that
she wishes to resign her position. Park Foundation Chair Ken Dallman contacted Roxanne
Martin, former Park Commissioner and resident of Christmas Lake Road who has
indicated her willingness to serve as an At Large member.
The City Administrator and a City CounciImember (traditionally the Park Liaison) are non-
voting members of the foundation. A resolution of appointment should be considered at
the next council meeting.
Scott, perhaps you would like to talk with Ken about this. His numbers are, office: 338-
7865, home: 470-0946.
cc: Ken Dallman
-: j ;,';J
BYLAWS
Ammended
April 27, 1995
OF
TSE SROREWOOD i'ARK FOUNDATION
AR'l'ICLE I.
Offices &: Seal
Section 1.01. Reciste~ed and ?~incioal Of:ices. The Shorewood
Parks Foundacion (the · Corporation ") shall have and continuously
maintain in the State of Minnesota a registered office, which.
shall be located at th.e Shore'Nood Cicy Eall, 5755 Councr-.! Club
. Road, Minnesota.
Section 1.02.
corpo~ace seal.
Co~orace Seal. T~e Corporation shall have ~o
ARTICLE II.
i'urtloses of the corooration
Consistent 'Nit.."l the Articles of Incorporation of the Foundation,
the Corporation shall be organized e."<:clusively for charitable,
educational or sciencific purposes within the meaning of Section
.501(C)(3) of the Internal Reve.'lue Code of 1986, as it now exists
or as hereafter amended (the · Code " ) . Consistent wit:h. the
foregoing, the Corporation shall establish and maintain programs
to promote the preservation, protection, improvement,
establisr..ment and e.'1largement of parks, trails, bikeways and open
space generally for the benefit of the residents of the City. of
Shorewood. This shall include, but not be limited to:
Section 2.01. Park !mnro'tTements. Providing
facilities at Shorewood's parkS for organized
and for u-'lorganized recreational activities, all
calculated to:
more a.cd better
spor~s activities
of which shall be
A.. Add to the ge.'leral ~ality of life
Shorewood community;
E. .:\"ll.:lw tor more residents a::d. ci"ric
for t:.."'e entire
"""....-2......,.:=-.r-:--
ItwI_-=_______Wl.L....,
-..,
--
~a=~~c:;ace in rec=eacional ac~iv~=~:s;
c.
Provide ~~ opporcw~ity to
encourage donacions
to:)
Shorewood's parks.
Section 2.02. Coooe:=3.cion ar..d Coordination of Human Resources.
Providing a f=amewor:~ for t..'1e pooling of hu."!ta..'l resources to
support::. f ope~ate, and improve Shorewood' s park facilities, whic=.
shall be calculaced to:
A. Ser-r.re as a vehicle for sport::s orga.."lizations f cb.ric
groups, and individuals to cooperacively:
1. Identify common goals and work togethe~ to realize
them;
2. Provide mea..'lingful and joint park pl~ing;
.
3. De"t.ielop creative ideas to bet::e~ utilize a."ailable
space, raise funds, and a."Qand =ecreacicnal act:ivities
cost effeccively;
4. Improve cc~,u...~u..'lication and underst:anding; a.."ld
B. se~"e as the program or specific project coordinator with
the approval of ~~e shor~"'ood City Co~cil.
Section 2.03. Coordi~ation of Financial Resou~ces. Providing the
framework for the pooling of funds to support:., operate and improv-e
Sho~ewood's park facilities expeditiously, by:
.
A. Reducing the use of property tax dollars for park related
expendi tures ;
B . Rais ing and disburs ing fUnds for:
1. A portion of the cost of maintaining Shorewocd Parks;
2. Pa=!~ Ca;:it:..al Improvemenc projeccs as listed. in the
City of Shorewood' s five year Parks Capital Improvement
Program;
3. Pa=k L'"'1provement projects in the long ra.."lge Pa=ks
Capital !.."'1provement Plan, which e:a:ends beyond 5 years;
C. Working wit;: the City to apply for and provide matching
~~d in-kind contributions for various recreational gra..1'1ts.
Section 2.04. Coordination of !morova."!tent P~o;ect::s.
providi.:!<;, for
a.."l orga.."lized means to review, prioritize, recommend, and undert::.a~e
park L"!tprovemenc projects.
.
ARTICLZ III.
Proiect P=o~osals
Section 3.01. Process. All park improve.'!tent project proposals
'must be submitced to ::~e City of Shore':vood Park Commission, whicb.
shall review proposals and submit recomma1'1Cations to the Shorewccd
City Council, which must::. approve such proposals before the project
ca.."l be implemented. Such proposals shall be categorized as
follows:
J... For inclusion in the Park Capital Improvement Prc<;::,am;
. B. For inclusion L"l the long range plan (beyond '5 years);
C. .~s a separate i'roposal from an organization or L"ldividual
which has an identifiable funding source, which. is not
inconsiste.."lt witll park physical or financial plans, a..1'1d which
merits consideration.
AR'rZCLZ rv.
Directors '= Heetina"s
Sect::ion 4.01. Ma.rnbers. The Corporation shall have no members,
except as deter:nined ~-' the Soard of Directors.
S.ection 4.02.
,.. , '"' ,"lo, "'oce"'-." a_:: -_'-_"'_: _-0:: "'_-_Co. ....-..s ~_' _-_-=_s-.:::
~~ne~a_ ~owe~s. _~e p_ _ __~, - - -
of tb.e Co~crac.:.on s:..all ::e ma.~C;ed by t::eSoar::. of Ji==c::~=s.
Section 4.03. Prooe::-::v. No Cirector shall have any ri~ht, title,
or interest in or to t~e property of the'Cor;oration.
Section 4.04. Number. The ;;lumber of directors at the time of
incorporation shall be as ;l::-ovided ;:1, by ~e A::'ticles of
Incorporation. The::-eafter::=e numbe::- of direccors may be
increased or decreased to any odd number not less than 1.5, nor
more than 21, by vote of the Shorewood City Council. The directors
shall be appointed as follows:
A. Five (5) directors shall be represe.."lcati,tes from sports
organizations which r=9'.llarly and consis~ently use the
Shorewood park facilities;
B. Four (4) directors shall be ::-e;:resantatives from area
civic or~ani=atior~ "Nb.ich support Shorewood's parks;
.
C. Two (2) direc::ors shall be ~~ers of the Shorewood Park
Commission;
D. One (1) direc~or shall be a represencative of the
Minnetonka School Distric: CoUll'tltrnity Services, rN'ho shall be
appointed after consulti=; with the Community Se~Tices Soard;
E . Three { 3 }
res ide!lts who
di::-ectors shall be rese~~ed for Shorewood
mayor may not be included in any of the
foregoing categories.
.
In addition to the foregoing o.;-ectors, one (1) member of the
Shorewood City Council and the Shor~NOod City Admin;strator shall
be ex officio directors having all rights and privileges of said
position except t.r"at they cannot vote.
The number of directors from anyone of the representative groups
listed above in Paragraphs 4.04 A,-D {whether appointed pursua.?'lt to
Paragraphs 4.04 A-D or Paragraph 4.04 E} shall not e.-<ceed 33% of
the total number of directors.
Section 4. OS. Oualificacions. Directors shall oe reside.?lcs of
Minnesota. Persons who would be described i.=. Section 4945 (a)
(1) (.~) or (C) through (G) of the Cede, if the Co~oratior:. ~ve::-e a
It~rivat.a foundat:.iont. as cef:..::.eCi::. Scc-:ion :.J9(a) 0: --- ::=c::
.
.
shall never constit::.t:e more tha.'1 one-e;"; =0. of t=.e d.:.=ectors of the
COr;loracioni and such pe=sor..s, t:ogethe= wio representatives of
baI'l_i<s or trust companies which sa.""Ve as ci.ireccors, inves~-nent
advisors, custodians, or age.'1t:s far or w:.th res;Jec,= to f1...md 0 f or
held for the benefit of the Co~oration, s1't..a.ll ne".er constitute
more tha.."l one-half of the c.irectors of ::=e Cor:;:oration.
Section 4.06. .ll.:cooint:nenr:. .":.11 Cirec=ors shall be appointed by
the Sho=ewood City Council. !: the Soard of Directors is enlarged,
the addi tional direc,=ors will be appointee. by the Shore'N'ood Ci ty
Council.
Section 4. Oi . Terms of Offi.ce. Each crecto= shall be appointed
for th=ee years or until his or h.er successor sZlall have been
appointed, e..-<cept the initial tentS of i.=.itial c.:.rectors shall be
staggered so no more than one-~b.~=d of clle c.irectors or closest
fraction thereof will e!:.d their te::::s in tile same year. .Tb.is ratio
sha.ll ;:,e maintained if the Soard of Directors :.s e:G;)anded beyond
fifteen (lS). Three consec-..lt:.ve ta."":I:S (9 yea=s) is t~e maximum
appo int..--nenc period; however, suc=. lUtitation shall not: apply to
assignments on various and sundry a<ivisor..{ committees as may be
established by the Soard of Directors.
Section 4.08. Orc:anization. At eae meeting of the Board of
Directors, the president: of the Corporation or, i.:l his or her
absence, an acting Chairperson chosen by a majority of the
directors present, shall preside. The Secreta.~ of ~e Corporation
or, in his or her absence, any person. whom the Chairperson shall
appoint, shall act as Secreta..~ of ::he meeting.
Section 4.09. Resianacion. Any director of the Corporation may
resign at any time by giving written notice to the ?resident or to
the Sec::etary of the Cor;>oration.. The resignation of a:ny d.irector
shall take effect at the time s;>ecified Uereini and, unless
ot..'-lerwise stated therei=., the acceptance of such. resignation shall
not be necessa...-y to make it effective.
Section 4.10. Vacancies. The or;-anizations or person represented
by a director may make a recommendation to the Shorewood City
Council regarding a;.......y vacancy in the Boa=C. of Directors caused by
a resignation, c.isc;:u.alification, removal, or ar.y o::.::.er cause. T::.e
di=ector appoi::ted by the Sl:.e=e~400d Ci~y Coc::.ci: to fill ~.::~
~~acar..cy sna2.l hole office :0= ~:::'e =ema=-::;.::g -:- c: -::-:.a-:
directorshi~ and uncil his or ~er suc~essor shall be duly elec~ed
and qualified, unless sooner vacated.
Saction 4.11. Removal of Di~=c~ors. Any director may be removed,
eit.her with or without cause, at: any t.;me, by the Shorewood City
Council. The vacanc,{ in the Soard of Oirectors caused by any such
ra'11oval shall be filled in i:..~e ","'''ner S;Jecified. in Section 4.10
hereof.
Section 4.12.. ~..p..nual Meet::i.:lC'. The J'a..'"luary meeting will be the
Ar...nual meeting. On the same day, th.e Soard of Directors shall
meet, at the place fllhere such annual selection and eleccionof
directors is held, or at such other ;llace wi~n the State of
Minnesota as may be designated by the Board of Directors, for the
pUr?oses of electing officers of tb.e. COQoration and for the
transaction of such other business as shall come before the
meeting. Notice of such meeting need not be given if it is held at
the place where the annual eleccion 0: directors is held, but if
such annual meeting of the. direct.ors is to be held at any ot:her
place I such other place shall be S;Jecified i:l a notice gi~ren as
hereinafter provided for special meetings of the Boa=d of
Directors or in a consent and "lIaiver of notice thereof signed by
all the directors.
, .'
.
Section 4.13. Rec:rular Meetincrs. Regular meetings of the Board of
Directors shall be held from time to t;~~ at such time and place
within the State of Minnesota as c:he Soard may ciete~e by
resolution adopted by a majority of the whole Soard of Directors,
and, in the absence of such designation, shall be held at the
registered office of t.l-],e Corporac:ion in the State of Minnesota.
.
Section 4.14. Substi tute Directors. A director may appoint a
substitute to attend specified meetings of the Board of Directors
in the director's absence. Said substitute shall have all of t...;,e
rights of the director at such meetings, but only after announcing
his or her presence and for which director he or she is acting as
a substitute.
Saction 4.15. Not:.ce of Meeti:lC's. E:cce"Ot as othe~.,ise orovided bv
- --
statute and in these 3ylaws, w=i:~en notice 0: eac~ meet:.~g of ~~e
directors, whether ar-nual or regular shall be given not less than
fi ~ie ( 5) nor more t...~an thirty (3 a) days before tb.e day on which
the meeting is to be held, to eac~ director by mailing such notice
to his or her post office adc=ess as shown on ~e books of the
Cor;:oration. Notice of any meeting of directors shall not. be
required to be giv~~ to any member who is i~ att~~dance when such
called meeting is held. Notice of any adjou.-.ned !UeetiZlg of the
directors shall not be required to be g:.ven, except where
~~ressly required by law.
, '
Section 4.16. Soeci.;.l MeetinC's. Special meetings of the Saara of
. Directors shall be held whenever called by t~e Pres:.dent or by two
or more of the directors. Notice of such special meeting shall be
mailed to each director, addressee. to him or her at his or her
residence or usual place of business, at least ~NO (2) days before
t~e day on which the meeting i.s to be held, or to be delivered
personally or by telephone, not later than one (1) day before ~~e
day on which the meeting is to be held. Each. such notice shall
state the tL.-ne and place of the meeting', but need. not state t..;.e
purposes thereof ~{cept as otherllise e~ressly pro~rided.. Notice of
any meet.ing of the Board of Directors need not be given to any
director who shall be present at suo meeting; anC. the meeting of
the Soard shall be a legal meeting witildut any. notice thereof
having been given if all the directors of the COr;1oration then in
. office shall be present thereat to waive such not.ice in writing
before, at., or after said meeting.
Sect.ion 4.17. Emercrencv MeetinC'. !:a. the event of an emergency in
which the written notice for annual, regular, or special meeting
cannot be honored, reasonable attempts shall be made (and
documented) to contact. direc;;ors by phone and e.'"Qlain the
emergency nature of .business to be transacted. The first order of
business at the meeting itself shall be action on a resolution
declaring the need for an emergency meeting. If approved by roll
call vot.e of two-thirds of t..~e full membership, tile meeting may
proceed.
Section 4.18. Ouor-tun. At each meeting of the dirsctors, the
presence of 33% of t:he officially appoL~ted Soard of Di=ectors as
a fN'hole shall constitute a quorum for the transac~ion of business,
except where a greater number may be required by statute. In. the
absence of a quor~ a majority of the directors presenc in person
shall have the power to adjourn the meeting from time to time
until the required number of directors shall be present. At any
such adjour:led meeting at which a quorum shall be present, any
business may be transacted which might have be~~ transacted at the
meeting originally called~
Section 4.19. Votincr. At each meeting of directors, each director
present in person shall be entitled to one vote on eacilmatter to
be voted upon at the meeting. At all meetings of the' di=ectors,
all matters (except in special cases where other provisions may be
made by statut.e) shall be decided by a majority of votes cast by
the directors present in person, a quorum being present.
Section 4.20. Proxies. Proxies shall not be allowed or used.
Section 4.21. PubliC' Notice and Attendance. Attend~ce by the
public at meetings of the Board of Directors generally shall be
encouraged. In the sole discretion of the Board of Directors,
notice of any annual, regular, or special meeting may be given to
the public, and the public: may be invited to attend all or any
portion of any such meeting, as the Board of Directors may
designate.
ARTICLE V.
Officers
Section s. 01. Number. The officers of the Cor;>oration shall be a
President, a Secretary, a Treasurer, and, if the Board shall so
elect, one (1) or more Vice Presidents and such other officers as
may be appointed by the Soard of Directors. Any two (2) or more
offices, e."'Cceot those of President 'and Vice President, may be held
by the same person.
. ' '
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4 '_ \ ....
Shorewood Parks Foundation
(updated1l13/99)
Term of First Name, Address & Representing
Appt Appointed Home Phone
3/15/99 5/96 Jim Wilson Tonka Football Assoc.
5730 Yancy Ave.
New Germany,.MN 55367
474-1398
3/15/99 7/94 Scott Hanson South Shore Softball ' '
6201 Dogwood Lane
Excelsior,.MN 55331
474-3483
3/15/99 5/96 Robert Noren Senior Representive
5760 Christmas Lake Road
. Shorewood, MN 55331
474-6017
3/15/99 7/94 Kenneth Dallman Park Commission
5780 Eureka Road
Shorewood, MN 55331
470-0946
3/15/99 9/94 William Keeler At Large
27420 Pine Bend
Shorewood, MN 55331
474-7325
3/15/00 6/96 Donald Kronberg American Legion
. 5760 Eureka Road
Shorewood, MN 55331
474-7709
3/15/00 10/97 Don Aslesen Mtka Youth Hockey
26055 Shorewood Oaks Dr. Association
Shorewood,.MN 55331
470-5854
3/15/00 3/95 Don Kelly Rotary Club
2081 W. 65th Street
Excelsior, MN 55331
474-2766
'-l l " 'jt-.
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.
,'II
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927. (612) 474-3236
FAX (612) 474-0128. www.state.neUshorewood. cityhall@shorewood.state.net
MEMORANDUM
TO:
Mayor and City Council
FROM: Brad Nielsen
DATE: 18 March 1999
RE: Appeal Zoning Violation Letter and Notice to Remove
FILE NO. Property (4680 Fatima Place)
In response to a Zoning Violation Letter and a Notice to Remove which were sent to the
owners of the above-referenced property (see Exhibits A and B), Andrea Dien has asked
for a 3D-day extension to comply with City Codes. Since the plan set forth in her letter,
dated 11 March 1999 (see Exhibit C), seems reasonable, it is recommended that the
owners be given additional time to comply. It is suggested that the property be
reinspected on 19 April 1999, after which the matter will be turned over to the
prosecuting attorney if the appellant has failed to comply. Nuisance items remaining on
the site after that date will be referred to the Public Works Department for cleanup.
cc: . Jim Hurm
Tim Keane
Joe pazandak
. Andrea Oien
iI~l:,
n
'..1 PRINTEO ON RECYCl..EO PAPER
.
.
PROPERTY FILE
---- ~
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD · SHOREWOOD. MINNESOTA 55331-8927. (612) 474-3236
FAX (612) 474-0128 . www.~ate.netlShOreWOod . cityhal/@shorewood.state.net
9 February 1999
I ,
Harold Rochat! Andrea Oien
4680 Fatima Place
Shorewood, MN 55331
Re: City Code Violations - 4680 Fatima Place
Dear Mr. Rochat and Ms. Oien:
The following vehicles or equipment being stored on property that you own, which are not
registered to an occupant of that property, are in violation of Section 1201.11 Subd. 3.h.
(permitted Accessory Uses) of the City Code. The following vehicles or equipment must be
removed from the site or have the registration updated to reflect the address of the property:
"
l
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'"
. Boat on stand, Reg. No. MN 3855 GN
. Boat on trailer, Reg. No. MS 6552 AE
Recreational vehicles and equipment may be located within the buildable area of the property,
however, in order to legally store a boat and/or trailer on this property, you must have it
registered to reflect the property address and park it no closer than 10 feet from a side yard lot
line, nor closer than 30 feet from the front lot line. The Ford pickup tIUck also needs to be
parked on a driveway surface or in a garage.
Also enclosed with this letter is a "Notice to Remove" addressing items of violation on your
property which are specifically subject to the provisions of Chapter 501 of the City Code
(attached to Notice). The items which fall under this Chapter are subject to removal from the
property by the City, at the property owners expense.
The above-mentioned .violations must be corrected within ten (10) days. Failure to comply with
these regulations will result in the City taking whatever action may be necessary to correct the
violations at the propertV owner's expense. Your property will be reinspected for compliance on
19 February 1999.
,,"'. PRINTED ON RECYCLED PAPe~
...
~)Ch'. bit
A-I
..
Harold Rochat! Andrea Oien
9 February 1999
page two
If you wish to appeal this order to the City Council, you must do so in writing, by 19 February
1999. Your appeal must state why you can not or will not correct the violations, or if you request
additional time for compliance, how much time. Your written appeal will stop further action
until such time as the City Council has considered the matter.
If you have any questions relative to this matter, please do not hesitate to contact our office.
.
CITY OF SHOREWr. D
1.~ .. /.I..~.j ~
I7/. /"r-
BradleyJ. else:/
Planning Director
cc: Tim Keane
Joe pazandak
.
~-2-
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD · SHOAEWOOD. MINNESOTA 55331-8927. (612) 474-3236
FAX (612) 474-0128. www.state.netlshorewood . cityhall@shorewood.state.net
,
, ,
DATE: 9 February 1999
Harold Rochat! Andrea Oien
4680 Fatima Place
. Shorewood. MN 55331
PROPERTY LOCATION: 4680 Fatima Place
PROPERTY IDENTIFICATION NO.: 26-117-23-11-0016
NOTICE TO RE~IOVE
Offensive and Unhealthy Substances
NonCE IS HEREBY GIVEN that there exists a condition on the above referenced propeny
which is in violation of Chapter 501. Section 501.01 of the Shorewood City Code. a copy of
which Section is enclosed. The offensive matter to be removed from the property includes. but is
not limited to the following:
· Window frames; basketball hoop; boxes; lumber; air conditioner; building part;
. similar miscellaneous.
You are hereby required to remove the above-descn"bed matter and any other offensive matter
located on the property and in violation of Chapter 501, Section 501.01 within ten (10) days from
the date hereof. In the alternative, you may file a written notice of appeal at the Shorewood City
Hall within ten (10) days. in which case your appeal will be set for hearing at the next regularly
scheduled meeting of the City Council.
If you do not respond to thiS NotiCe within ten (10) days. the City shall take whatever action as
may be necessary to have the offensive matter removed. The costs incurred by the City for such
removal shall be charged to the property owner and become a lien against the property.
>Ie** PLEASE GIVE THIS MAlTER YOUR IM:MEDIATEA'ITENTION >Ie**
BY ORDER OF THE SHOREWOOD CITY COUNCIL
€.,,"~b~+ ,.,
"n." PRINTED ON i1EevCI.ED PAPEiI
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03/11/1999 17:22
6124742224
ROCHAT & OIEN
PAGE Ell
AJ1drQ aim 4 Hamld Rochat
46SO Fatima Place
Sbomvooc1MN '~3J
~
foP-
MIIdll1, 1999
Dear CitY oftidals aDd pfanDiqglzoaing personnel,
As Harold discuIsec1 'With Ioe. Friday, Feb 19"'. we will be needing more time to c:omply with your 1IOdc: of code
violations. t bow you were baviog ptoblans getting yoor c-aIIIi1s and Hamid never got aroun4 to seDdiag yGl a fax.
I am writing to ofBdally n:qoc:st ad exteDSioa for complyiQg with your DDtU:e.
I can addJ:esa; the issues spccificat1ly:
boat on swtd MN3IS5GN will be =moved by Aprill~..
boat on tmiJcr, MS6"2 is 1qistcred in Harold's name in tile Slate of MasachtlSettS, HaroJd will be ef&8agiDglhc
xegistmliOD 10 Mi,,-w,a betoIe be pall it into the water.
WewilJ DlCMJ the plckupuuc:k to thcdrivcway by March 311&.
Owing the RCC:Dt warm perlocl Harold moved away some oftbe metMi'" in tbeylJd (iDctadiJ1& sa air coaditioaer and
some wood). We wiJ1 clean up the ~ of the materials ill the yard whezl dtc gtOUDd wanDS eaoagb. to dislodI= dlcm.
1 5U5pel:t this pm of our Q)~sm~ wiD be complete a week to 10 days after the snow mdU. dcpelldlDg 0Jl ~,j,p.DllCl.ft.
I hope that this cnm~ is sufficient.
:~~~o~
Harold ROchat a.Aadrea Oim
-- .---_.
.L"h;bi~ Co,
I
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CITY OF SHOREWOOD
PARK COMMISSION MEETING
WEDNESDAY, MARCH 9,1999
COUNCll.. CHAMBERS
5755 COUNTRY CLUB ROAD
7:30 P.M.
MINUTES
CONVENE PARK COl\1MlSSION MEETING
DRAFT
1.
Co-chair Dallman called the meeting to order at 7 :34 p. m
A
Roll Call
Present:
Co-chairs Dallman and Arnst; Commissioners Colopoulos, Puzak, Themig, and
Cochran; Administrator JimHurm; Park Planner, Mark Koegler
Co1llIIlissioner Bensman; Council liaison Scott Zerby
.
Absent:
B. Revew Agenda
Commissioner Colopoulos asked to table item#8. He would like to seek input from ~ City Council
before going further with the subject Themig asked if the tope of flScal policy relates more to athletic
association use fees versus the park dedication fees. Colopolous said they can be tied together and it
is something to explore. He would like to author a list of questions, submit it to the Council and then
bring it bock to the PaIk Co1llIIlission to go forward. The item wm tabled until the April 13, 1999
Park Commission m:eting.
2. APPROVAL OF MINUlES
A Park Commission Mnutes of Febmary 9, 1999
.
Commissioner Arnst noted two typos:
Page 5, paragraph 3, the word "trial" should be "trai1."
Page 7, paragraph 1, last full line, change "proratesice" to "prorates ice."
Arnst moved, Themig seconded, to accept the minutes as amended. The motion
passed unanimously.
3. MAnERS FROM THE FLOOR
Co-chair Dallman explained to the people present that if their comments and questiom pertain to trails,
there will be opportunity for discussion during agenda item #4. Steve Johnson, Howards Point Rmd
resnent, stated that he and ~ 11 <ther neighbors present are representing the lmge majority of
Howards Point Rom residents opposing a trail segment on their street This was deferred to item#4.
Another resident asked if it is true that NSP comors theoreti:ally could re used as trail easements.
Commissioner Themig said that it depends on what type of trail, easement or line it is. This will also
be discussed in item #4.
ifh
"
, 1
Park Commission Meeting
Wednesday, March 9,1999
Page 2
It was agreed to discuss this topic by the individual proposed trail segments, starting with Howards
Point Road. ResidentSteveJohnsoo, 5845 Howanls Point Road, spoke for the group of 12 who
were present, saying tha: the vast m~ority of resnents on Howards Point Rom are opposed to a trail
segm:nt on their street. He presented a petition, signed by 85-90% of residents who border Howanis
Point Road and said they are very much agaimt a trail of any kind, including a sidewalk. They feel it
is inappropriate for the area and are not in favor of any type of urbanizatioo. The long term residents
of the neighborhood knew of no pedestrian/ca- accidents there, so safety is not an ~sue.
Commissioner Themig had visited the reighbOlhood on the II"evious Saturday and asked if weekday
traffic is typically more or less thlll what he observed. Mr. Johnson said that traffic can be greater
during peak hours, but ~ views this as a law enfOlcement issue. He feels a trail will increase the
speed of vehicles out of a false sense of safety, since drivers may not expect the possibility. of
pedestrians on the roadway.
Another resident asked if there were reasons for suggesting a trail segment for their street, since none
or very few people (less than 10%) in their area would WlIlt it. Commissioner Themig responded that
the suggested trails carre from a varety of sources. Onewas a comment from a resident who
suggested it because of access to Minnewashm School. Besides public comment, the school district .
put together a mt of '~ssue roads" where kids may be walking if they ever decreased bus service.
And third, a trail plan from 1991 had some places ilentified. He added that the woIding, "Potential"
and "Proposed" may have been nmleading. He stressed tha: they are only concepts and the
Commission is seeking resident input.
Steve Johnson, s~g for a tmjority of residents, asked that Howards Point Road re permmently
removed from the map. CllUck Christian, 5905 Howards Point Road asked who is saying that
bussing to school will re stopP~(1. He said that pa-ents will not wanttheir kids to walk to school in
the dark and in winter even if there is a trail for them to walk on. Commissioner Themig said it was
just one pece of infofImtion the PaIk Comm.ission llSed in their process; the bussing decision is not
the real issue.
Mr. Christian also asked about space for a trail, especially where the road narrows and about cutting
into to people's privacy. Mr. Johnson obselVed tha: the trail along ~ Boulier Bridge area is being
littered by trail users. Mr. Ouistian added that they live in this rural setting recause they like the
p~k~~. .
Kathy Anderson, 5785 Howards Point Rood said that she also canvmsed residenls on Island Yew
Road and ~ Brentridge area All of those people said trails would be lovely, but they should have
been put in before the developm:nts. They do not want to go on trails that rot through peoples' back
yards or to see trees or shrubbery cut down.
Susan Brecke, Pire Bend Road is also against trails. She asked why it is even being considered,
adding that she has lived there for 30 years and hm not observed a traffic II"oblem w bile walking in
her neighbahood and does not see any need for trails there. Co-chair DallmlIl reiterated
Commissioner Themig's point tha: the Howards Point segment was considered as a result of a past
resnent comment.
Jure Scheurer, 26930 Edgewood Road, said sre has yet to receive an answer as to why a trail wou.kl
be designated if it will not likely re built there. She is suspicious that the street couki then be sut?ject
to future widening because of the trail designation She also aikedwha: wouki be the change in
usage. Conmissiooer Themig explained that it is up to ~ neighborhood, if it wants a trail, to
determine what type of trail it would be. Adesignated trail means that a white stripe is painted on ~
roadway and a sign is pa>ted to indicate that it is for biking <.Y pedestrians only. The placement of ~
trail would also be up to the neighbochood. The question was asked if "neighborhood' is defined as a
general area or m the properilis directly crljacent to a trail. Co-chair Dallman said it ~ a general area.
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Park Commission Meeting
Wednesday, March 9,1999
Page 4
There were additbnal comments from lhe flocr, repeating the concern about iocreased snowmobile
traffic and the Jack of neighbochood interest in a trail segment as a loop off of Srnithtown Road.
John Mugfonl, 5755 Howards Point Road, asked about the effect trails would have on property
setbacks. Co-chair Dallman described the three examples of trail types that were shown at the
February o~n house and said that the trail design for a particular segment will be up to lhe
neighborhocxls. The Park Commission's intent is to constmct trails in neighborhood areas which
desire a trail segment Commissioner Themig said lhat and off-road trail would likely use City
easement if it exists-and the width of that will vary. It is too early to answer ~ question of setbacks
becaIse it will repend m the situatbn.
Mr. Mugford asked how trails would affect parking along streets. Co-c1lair Dallman said tha the Park
Commission and residents will walk p<1ential trail sites and look at space restrictions and obsta::les
and then decide together what works best.
Ms. Scheurer asked if streets with a design(ted trail would need to be widened. Mr. Hurm said that
the Comprehensive Plan document does include recolIUIl::nded widths for streets. Commissioner .
Thernig pointed out that if the easement is wrrently being used for personal use, ~re is another issue
to aidress on the trail walle. That problem would be approached in the future when lhere would be an
approved trail segment md the various details are being worked out.
Mr. Johnson asked what 5 required to have lhe Howards Point Roai segment reIIDved from the
map. CoIIlllli5sioner Themig said that lhey want to mten to any further comments and reiterated that it
is only a concept map. It 5 too early to make that recision. There was discussion about the definition
of 'heighbochood" and how large of an area will be polled before making such a decision. Co-chair
Dalhnan saD that the resident comments are noted, but finther input is desired. Commissioner Puzak
said that it is a part of the process. The Commission has heard well what ~se residents have said
and he thanked ~m for their input He sait that the City does not want to build trails where lhey will
not be enjoyed orwelcoIred. ~ Conmission will proceed with ~ process as they have committed
to do, which is to walk the area and listen to anyadditbnal comments.
Mr. Kline asked what residents must do to tell the Commission "No" to lhe potential trail.
Commissioner Thernig said that they have, or at least, he has heard that He sees no need to even
walk the area, yet that does net mean that a trail idea for Howards Point Roai is eliminated for .
etemity.
Commissioner Colopoulos said it is irrportantfor people to know how the Commission regards their
input Corrments both written mld verbal have been received and will be taken into oonsideration.
There is a larger issue: Will ml unaffected majority of ~ople supporting trails be allowed to rrundate
trail constructim against the will of an affected minority? He said lhat it is therefore impOrlant to
attend these kinds of meetings and assured that though ~ process is imperfect, we are doing the best
we can. Commissbner Cochran aided lhat the approoch being taken by ~ City is different and moce
open than was used in ~ past They are mtening.
Mr. Christian asked if lhere is a ~ frame. Co-chair Dillman said we would like to start this spring
with a walk in ~ area CoIIlllli5sioner Colopoulos suggested that a walk along Howards Point Road
may answer many of the questions brought up at this meeting. Co-chair Dillman suggested moving
on to discussion of other sectbns. Mayor LDve asked to speak from the floor. He suggested that it
might be a good thing to walk the segment together and have dialogue on site in order to look at
various points. The intention is not to fOICe a trail on any neighborhood, but to get commmity input.
Galpin Lake Road - There was one favorable COlIUIl::nt from the open house. Commissioner
Thernig said this will take more research because of the possible crossing for Highway #7 being
disaIssed by the City of Excelsior. This may be cmsidered for a walk in the fall. There were no
J
Park Commission Meeting
Wednesday, March 9, 1999
Page 5
.
resnents present at th5 meeting with comments about the Galpin Lake Road segment.
Enchanted Is land - Co-chair Arnst said Ibis area is being cmsidered for trails because of resident
interest. It was agreed that lhis area should be looked at soon since most Commissbners a-e
unfamiliar with lhe islands and to solicit IIDre resident input. This will be a spring walk.
St. Albans Bay Road - There were two comments in opposition, beth from people from the
Amesbury neighbOlhood. Administrator Hurm noted that Julie Ekehmd, a Greenwood Comcil
Member is excited about the possibil.ity and the two cities could perhap:; work toge~r since it 5 on
the boundmy. He will1alk wilh her again. A walk of this area will take place in the sumner.
Edgewood I Noble - There were three negctives. This faTh in with Howa-d's Point and Grant
Lorenz. Commissioner Thernig offered to those resnents present a neighborhocxl walk, to look at
fIre lanes and other issues brought to this meeting. It was agreed to do that during the SUlIUIl::r when
there is marina activity, etc.
Yellowstone - There was one positive, one conditionally in faver and 4 negctives. This segIrent
woukl be a connector from a Chanhassen segtrent, to the Shorewood shopping center and to City
Hall This will be visited in the fall or late SUlIUIl::r.
Mill Street - There were 4 yes and 3 conditionally in faver. Co-chair Arnst repocted that she spoke
with City Engineer Lany Brown about this segIrent. BecaIse this is a county road, there are
additional issues with easements, etc. Mr. Brown is looking into this, and into Galpin Lake Road as
well .
Covington / Vine Hill- This is a se~nt with very positive support. There is a segtrent of trail
on the west side of Vine Hill, norlh of Covington and south of Near Mountain. Commissioner
Colopoulos noti:ed that there appears to be a raised shoulder for some kind of trail. One resnent
asked about continuing that segIrent to Covington Road about one year ago. There were several
people at the open house speaking in faver of a trail there, plus e-mail and letters highly supporting
this segIrent. Co-chair Arnst has asked Engineer Brown to che<k with the City of Minretonka about
their trail plans for the east side of Vine Hill Road. There is defmite interest in a trail from Sil'verwood
Park to Vine Hill Road and norlh along Vine Hill This will be one of the fIrst two trail walks becaIse
. of the high resnent interest.
Smithtown Road, east of the LRT - Conmissioner Colopoulos said that both se~nts of
Smilhtown should be walked. Co-chair Arnst asked if there was someone who woukllike to speak
from the floer about this segment. Chmtine Liz6e, 27055 Smilhtown Road read a letter (whCh is
atta::hed to, and part of these minutes) asking the Conmission to consider the portion of Smithtown
Road from Strawberry Lane to Lake Virginia Drive for a trail segtrent. The letter was signed by 8
resnents. They also stated support of the incbsive process being used by the Park Commission.
Commissioner Thernig asked if there is any thought about continuing westward to the Victoria borrer.
Lizte said yes, many people walk along that route. It needs to be an incbsive process and she
recommended cheddng with the City of Victoria to see if they plan to do something there.
Commissioner Thernig said that coukl hap~n in the future, but for now a trial walk should be done
along Smilhtown from Boulder Bridge to Strawberry Lane. Conmissioner Colopoulos added that
this should be high priority becaIse of the invitation to consider that area
It was proposed that a walk take place on a Saturday morning, conduding with a g~g at City
Hall Co-chair Arnst suggested that the walk be video taped. Liz6e noted that there are resnents who
are concerned about safety in the area at Minrewashta School and crosswalk access, making it a
priority. It was agreed to address this se~nt soon.
"
Park Commission Meeting
Wednesday, March 9,1999
Page 6
Commissioner puzak asked if there couki be three Smi1htown Road segrrents, with a third being east
of Country Club Road I County Road 19 to the Excelsior border. Commissioner Cochran said that
the proposed changes at that intersection may affect a trail design and dec~ion there.
A beginning trail walk schedule was determined as follows:
Smithtown Road west of the LRT will be on Saturday, April 10, 9:00 am. to 11:00 a.m. with
a "coffee time" at City Hall from 11:00 to noon
Covington/Vine Hill will be on Tuesday, April 20, 6:00 p.rn. to 8:00 p.m. with a "coffee time"
from 9:00 to 10:00 p. rn. if a neighbor's garage or other site is made available.
Commissioner Themig asked if the South Lake Minnetonka Public Safety Department can be notified
for safety reasons and possibly be on hand since a potentially large number of pedestrians will be
along the roadway. Co-d1air Arnst asked that the events both be video taped. The public will be
notified in advance about these walks through the city newsletter and adjoining neighbors of the trail
areas will also be notified by a le~r. Commissioner Puzakrecommended that the coffee time
afterwards would notbe the emphasis, since most connrents will be made along the walk.
Rain dates, in case of inclement weather will be: April 1 0 changes to April 24 and April 20 changes to .
April 27. People will be able to check the cities voicemail sys~m to confirm.
THERE WAS A THREE MINUTE BREAK
5. REPORT FROM CITY PLANNER CONCERNING THE STA1US OF AND
OPTIONS FOR THEEAGLECRESTI WAGNER PROPERTY
Planning Director, Brad Nielsen explained that the City is trying to address the Park Commission's
interest in land adja::ent to Freeman Park With a map, Mr. Nielsen showed how tight space already
is between the existing parking and driving areas and the Wagner proterty and between the ball fIelis
and theShorewood Oaks proterty to the west
Nielsen revewed how the Eagle Crest proposal was brought to the Park Commission two years ago,
asking to address a couple of issues: (1) Closing off the southerly access, exchanging it with an
access coming in from the east (whrh is consistent with the City's position on the Highway 7
corridor study) and; (2) A possible swap of land with the developer in order to reshape the park This .
is gone by the wayside becaIse of deed restrictions on the park proterty.
The proposal for the development is now reduced from 80 to 60 or 62 units, dropping the density by
25%. They have tried to look at ways to squeeze the layout in order to acquire additional space for
Freeman Park, while maintaining the required 40 foot setback. The developer was asked to move the
units along the wes~rly lot line to the south and enlarge the pond so units woukl be fur1her from the
active area of possible foul ba& from fIeld #2. Nielsen showed the latest plan whim reflects those
changes. There is still no room gained in theeastto west space of the park
This situation has been diswssed with the Little League association Staff is suggesting that the Park
Commission consider blocking off the north/south roadway along the ball fiekls on a day-to-day
basis, leaving it accessible to pedestrians and emexgency vehrles and then upgmding the parking area
on the sou1h end to 97 stalls. The access to that parking area would be through the development off of
Eureka Road There was diswssion about the effects the entrance changes woukl effect resnents on
either side and on useIS of the park
The concern is that we do not want to trade a problem of foul balIs going to the west for foul ba&
encroaching on the proterty to the east There will be some landscaping along the west edge of the
new development to provide some pro1ection and sound barrier. Commissioner ColqJoulos
conurented that there will still be a need for high netting along the foul ball line.
.
.
,
Park Commission Meeting
Wednesday, March 9, 1999
Page 7
Gordy Lindstrom and Don Aslesen were present to speak for the Little League. Mr. Lindstrom
explained that they have met with City staff and diswssed the idea of blocking off the roadway. . S ince
that meeting, the Little League has decned that they do not want to see a barricade for stopping traffic
along the ball field areas for a number of reasons;
1. They want to see a baseball complex of fielis staying grouped together.
2. Accessibility for all.
3. Shorter walking dislance for coaches bringing in equipment.
The league would, in fact like the roadway to be black top~d. He co:nurented that a 40 foot setback
from the pro~rty line to the new unils is very minimal, making the dislance to the baseline even
tighter. Keeping or closing the road does not creae any more space. Mr. Lindstrom said that they
reaD.y need to acquire some of the Wagner pro~rty along the existing roadway. He showed how the
re-orientation of fiek:l #2 will help the space problem a bit.
Commissioner Themig summuized theissres as being; safety, the foul ball problem, and drop off of
equipment, with safety being prinmy. Commissioner Puzak. said that the inconvenience of hauling
equipment is worth the gain in pedestrian safety. Administrator Hurm asked about the locaion of
netting and poles with the change in fiek:l orientation Lindstrom said the change in the field would
somewhat solve the foul ball problem, but netting wouli be used as nee~d. Commissioner Themig
said that it all comes down to the space not being big enough to accommodate the use it's getting.
Commissioner ColqJOulos suggested taking a "wait and see" approach and installing netting for this
year with the fieli in its current position.
Commissioner Puzak. said that if there is no way to acquire land, then it is up to the Little League to
choa;e fiek:l orientation to best suit their needs and the Park Commission should help as best they can.
On closing the road to vehrles, it seem; to be the right thing from a safety standpoint, even if it may
impa::t a coam. The dust problem will also be hel~d by that
Nielsen presented ano1her possible land trade opfun which couk:l help the ball fie..ld configurafun, but
wou..ld reduce parking. Lindstrom pointed out that the other reason Little League is oppa;ed to the
suggested plan is that Little League traffic will go through a neighborhood and will draw complaints
fromresnents. There was some diswssion about directing visiting team; to the closest parking area
for their game to prevent drivers from being frustrated in fmding the correct fiek:l.
Lindstrom recommended that the Little League not do any1hing with the Babe Ruth fie..ld and just
switch to little league play beCaIse of the size limitations and awkward sha~ of land He added that
the association wouk:l like to add batting cages to fie..ld #3 and will likely come to the Park
Commission to propose that in the spring.
When asked if the development is likely, Nielc;en said the concept plan is approved at 60 or 62 unils.
Commissioner Puzac pointed out that the opfun for a land tra~ had been declined 2 years ago and
asked if it is now a posSIbility. Nielc;en said that the deed restrictions were not known. Nielsen will
look into that issre. Co-chair Da1hnan said that if acquiring land is not an option we need to work
with what is there. The idea of switching areas with the sof1ball fiek:ls was mentioned and dee:rred
impractical
6. DISCUSSION OF LITn.E L~AGUE PROPOSAL TO SOD FIElD 2.
COORDINATION WITH DEVELOPl\1ENT OF 'rHE EAGLECREST
PROPERTY AND DlSCUSS INSTALLING POLES AND NETTING ALONG
THIRD BASE FENCE LINE AT FIElD 2
Commissioner ColqJOulos noted that this part of the park was configured for little league fielis, not
baseball. The association wouk:l have to fmd space elsewhere for a Babe Ruth fie..ld. Either way, the
nets and poles will need to be installed this year. Re-sodding the fieki will be put on hold for now.
..
Park Commission Meeting
Wednesday, March 9, 1999
Page 8
baseball. The association woukl haveto fmd space elsewhere for a Babe Ruth field. Ei~r way, the
nets and poles will need to be installed this.year. Re-sodding the fiek:l will be put on hold for now.
Lindstrom asked if block 2 couk:l be moved within the development to crecte more space. Nielsen
said the wetlands may limit that, but will check into it.
Puzak moved, Arnst seconded that the Park Commission graciously allow the Litd.e
League Association to resod field #2 if they need to. The motion passed
unanimously.
Lindstrom asked about the option to acquire 8% of the land ra~r than the park dedi::ation fee.
Nielsen said that the setllement does not allow that opfun. There was disalssion about reconfiguring
the layout of trails near the park entrance and new development and possibly saving the roadway. Co-
chair Arnst said that signage at the park entrance woukl help.
Nielsen said that his concern is for thepro~rty owners so to minimize complaints from them in the
future. Co-chairDalhnan pointed out that the developer needs to be very aware of that and address it
with buyers of the units so they know what to expect. Nielsen asked if there were plans for lighting .
of the fiekls. Lindstrom said no, but lights are planned for the softball area The idea of speed bump;
was mentioned and Nielsen said they are not recommended for traffic control. Lindstrom feels it is a
detriment to the baseball facilities to close off the road and to have the entrance travel through a
neighborhood.
7. REVIEW 1999 "TO DO" LIS T
A. Make Additions / Deletions
Co-01air Arnst proplsed the idea of an Adopt-a-Garden program for Shorewood. This woukl
involve advertising to the commmity for voltmteers to create and maintain flower gardens at park
entrances and City Hall The Public Works Department will pretme the soil Co-chair Arnst
volunteered herself and Commissioner Bensman to work with it. There was consensus that the
suggestion is a good idea Commissioner Colopoulos also volunteered to be on the committee.
Co-chair Arnst asked if the Commission should approach the Park Foundation about playing a more
active role in providing fund raising for parks and generating more activity around the City parks. .
Co-chair Dallman said that was the original idea but the focus has changed and interest has gone down
since the concession stand idea was changed to a multi-use builiing. Co-chair Arnst recommended a
sub-commit1ee be for:rred to encourage a brower view for the Park Foundation. Co-chair Dalhnan
and Commissioner Cochran will be on the committee.
Commissioner Themig asked that the issre of a fiscal po.ocy be incbded with sports organization
po.ocy development Commissioner Colopoulos recommended that the dec:Bion of changing the park
dedi:ation fee be acted on soon. The fiscal po.ocy and park dedi:ation fee are separate issres. All will
be addressed at the March 23 meeting.
Commissioner Themig still plans to create a park history piece and asked for that to be on the to-do
list
8. DISCUSSION OF CHANGE IN PARK DEDICATION FEES CONSISTENT
WITH FISCAL POLICY
Tabled until March 23.
.
.
..
Park Commission Meeting
Wednesday, March 9,1999
Page 9
9. CONSIDER RECOMMENDATION OF THE RE-APPOINTMENT OF KEN
DALLMAN AS A PARK COMMISSION MEMBER OF PARK
FOUNDA TION
Themig moved, Arnst seconded a recommendation of the re-appointment of Ken
Dallman as a Park Commission member of the Park Foundation. Motion passed
unanimously.
10. OTHER BUSINESS
Co-chair Arnst asked that the meeting "to-do lists" re resurrected (like the mts that resuhed from the
park tours last year). Th:B will include items for the comrrission to do as well as staff projects.
Commissioner Colopoulos repored on the March Planning Commission meeting. They are trying to
consider what remriningparcels of land wouH be used for in the context of senior housing.
Commissioner Colopoulos suggested thoc recommendations be made to the Planning COmm:Bsion
regarding survey results which indicoce a strong interest in green space for future policies.
Administrator Hurm said the Planning Commissbn will consiier the Eagle Crest (actually
"Shorewood Ponds') propa;al at their April 6 meeting.
11. NEW BUSINESS
A. Develop Agenda for Next Work Session and April Meeting
Comrrissioner Therrig encouraged that future issues such as the ball field question be addressed at a
work session, rather than the regular meeting and to save regular meetings for focusing on po.ocy
issues instead.
There was clarificatDn that Colopoulos is March lia:Bon to Coun;;il and Dalhnan is Aprillia:Bon.
12. ADJOURNMENT
Colopoulos moved, Arnst seconded to adjourn the meeting. Motion passed 6/0. The
meeting adjourned at 10:30 p. m.
RESPECTFQLLY SUBMITTED
Connie Bastyr
Recording Secretary
To: The City Council of Shore wood
j~r=:;-D ~ rc (~il\v/ I ~ I"
I" ~ r\,
"
FEB 241999 IU)
u
By I
F or: A Request for Funding
Date: March 22, 1999
.
The 5th grade class at Minnewashta Elementary is seeking funds to continue
their Wetlands Watch Program. This program involves the students in a
meaningful inquiry activity that addresses a real community need. First, the
students educate themselves about Wetland ecology, structure and function.
Second, the students carryout both chemical and biological water quality
testing procedures to determine if a wetland is healthy. Phosphorous testing
and the continued monitoring and comparing of phosphate levels at different
wetland sites located in Shorewood and T onka Bay are emphasized. Three,
the students raise awareness in both communities about the consequences of
high levels of phosphates and the need to control phosphate run off in their
neighboring wetlands.
The funds that we seek would be used for bus transportation costs to and
from the wetland sites.
Thank-you
Kathy Timber~ - Project Director
Liza Gross - 5 Grade Teacher
.
4F8
To:
Mayor and City Council
James C. Hurm, City Administrator
From:
Date:
March 18, 1999
Re:
Letter from Greg Larson Concerning the Eureka Open Space Preserve
Stewardship Fund
.
Following the closing on the property at 5400 Eureka Road (th~Eureka Road Preserve) on
February 11, 1999, the City received a check for $4,407.87 from the Minnesota Land
Trust on behalf of the previous owner, John Miller to pay the water special assessments.
By his March 8, 1999 letter, Greg Larson is requesting those funds be taken from the
watermain debt service fund and donated to the Minnesota Land Trust Stewardship Fund.
At Monday evening City Council meeting, the City Attorney will advise the City Council
that it is not proper to take funds from the water debt service fund because of requirements
established in the general obligation bond issuance, at the time the debt was incurred.
I talked with Renee Leone, Executive Director of the MN Land Trust, who indicated that
when dealing in a private sector the Land Trust attempts to get donations for a stewardship
fund. She stated that they would expect a $2,500 donation for a project this size. She
understands that the City made no commitment for such a donation.
.
Should the City Council wish to establish a Land Conservation Committee or somehow
implement Land Conservation Committee report recommendations, funds will certainly be
needed for those activities. Such funds would likely come from the general fund
contingency. Whether or not the City Council would wish to make any donation to the MN
Land Trust Stewardship Fund from funds other than the debt service fund is clearly a
policy question.
#:Cf
Greg Larson
25535 Orchard Circle
Shorewood. MN 55331
(612) 474-9268
March 8, 1999
Mr. Jim Hurm
City Administrator
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
!@~~IE~\VlIE~i
iln}MAR 1 0 1999 jyl
i By . t
Re: Eureka Open Space Preserve Stewardship Fund
Dear Jim:
Thanks again for your help and support in protecting the Eureka Open Space Preserve. We hope that this
unified effort between the City, the Minnesota Land Trust and the neighbor will serve as an example for
other green space initiatives.
.
The principal goal of the original neighborhood contributors was that the property be preserved in
perpetuity. The ML T assures that the wish of the neighborhood for:future protection will be heeded by
continual monitoring and on-site inspections.
In addition to the Eureka Open Space Preserve, the ML T is responsibility for monitoring dozens of other
preserves in the state. Assuring compliance to preservation goals is an expensive endeavor because it
involves ML T staff travel, ongoing documentation and conflict resolution. Fmancing of the monitoring
initiative is through the MLT's Stewardship Fund
It is the wish of the original donors, that the City of Shorewood contribute to the Stewardship Fund by
using the special water assessment fees collected on this property. The original Purchase Agreement
between Mr. Miller, the seller, and the neighborhood specified a purchase price DIns $4,400 for the water
assessment. This means that the neighborhood, in fact, paid the water assessment fees by having that cost .
added to the properties purchase price. The Purchase Agreement contains a clause that states" $4,400 of
the purchase price is being designated by the Buyer to pay the water assessment currently levied against the
property" .
Because connection to the municipal water system will now never occur it seems fitting and reasonable that
the funds be used in a manner which assures future protection of the Eureka Open Space Preserve.
If you have any questions, please give me a call.
At-rL
Greg Larson
Cc: Renay Leone, Executive Director, Minnesota Land Trost
1.
2.
3
4.
5.
. 6.
7.
.
Table of Contents
PurposelLegal Basis................... ........ .................1
Warning and Notification... .................................1
Personnel Notification List........ .............. ............ 2
Emergency Operating Center............................... 3
Emergency Responsibility Assignment.................. 4
Support.................................. ............................5
Responsibilities During an Emergency.................. 6-13
Policy on Tree and Brush Removal......................14
.wID
.
.
Policy for Disposal of Tree and Brush Debris
Established 5/19/98 by the Shorewood City Council
1. Residents are responsible for removal of tree trunks and stumps on
their own property.
2. Commercial tree removal firms are responsible for.disposal of their
own disposal.
3. Only brushlbranches (less than 6n by 8' long) may be placed off the
road, in the boulevard area for City pickup.
4. Residents are encouraged to haul brush and limbs (6n or less in
diameter) to a designated area in Freeman Park or a designated area.
5.
Commercial haulers may not haul brush to Freeman Park or any
designated area.
6. Island residents are encouraged to haul brush and limbs (6" or less in
diameter) to a designated location on the Islands.
14
.
.
1. PURPOSEILEGAL BASIS
PURPOSE - The purpose of this plan is to ensure that in the event of any type of disaster,
the city's facilities, equipment, and manpower will be used in a coordinated, effective way,
so as to: maximize the protection of life and property, and ensure the continuity of
government.
LEGAL BASIS - The legal basis for this plan is: Public law 920, as amended, Minnesota
Statutes, Chapter 12, as amended, and Shorewood Municipal Code. Chapter 602, as
amended.
DATED THIS
DAY OF
, 19
WOODY LOVE, MAYOR
BRYAN LITSEY, EMERGENCY MANAGEMENT DIRECTOR
2. WARNING AND NOTIFICATION
RECEIPT OF WARNING - The County Warning Point (Sheriff's office) is responsible
for relaying any warnings which it receives which affect the City of Shorewood to the
South Lake Minnetonka Public Safety Department (SLMPSD). The SLMPSD serves as
the City Warning Point, is responsible for disseminating any warnings received, and acts
as a weather spotter and may initiate weather sirens.
DISSEMINATION OF W ARNING/NOTIFICA nON
For Natural Disaster: 1) Sound siren (s) (5-minute steady tone); and 2) Notify key city
personnel (See Personnel Notification List below).
For Nuclear Attack: 1) Sound siren (s) (5-minute wavering tone); and 2) Notify key city
personnel (See Personnel Notification List below).
1
.. ..
'!9S~
League 0/ Minnesota Cities
Cities promoting excellence
145 University Avenue West, St. Paul, MN 55103-2044
phone: (651) 281-1200. (800) 925-1122
Fax: (651) 281-1299 · TDD (651) 281-1290
March 8, 1999
Dear Administrator/Clerk:
.
As you may know, the League of Minnesota Cities has been working for the past three years
to build legislative support for the repeal of the sales tax on local government purchases. This
year a record number of bills have been introduced to repeal the tax and committees in both
the House and Senate have held hearings on the topic.
Although we have raised awareness and have gained support, legislators need to hear from
you and other city officials about how important these bills are for your community. While
most legislators agree that taxing local government purchases doesn't make sense, the repeal
would permanently reduce annual state sales tax revenues by an estimated $80 million. Given
the new February budget forecast that includes an additional $730 million in surplus state
revenues through the end of the next biennium, the state can certainly afford to eliminate the
sales tax on local purchases. Legislators need to know that repealing the sales tax on local
government purchases is good tax policy and means savings to your residents.
Please contact your representative or senator to encourage them to support the repeal of the
sales tax on local government purchases. Attached is a sample council resolution to encourage
legislative support and a sample letter that you can modify and send to your legislators.
. Thank you for your time and effort.
Sincerely,
rJ#-t~p/
Gary Carlson
Director, Intergovernmental Relations
AN EQUAL OPPORTUNITY/AFFIRMA TIVE ACTION EMPLOYER
~I/
. .
Date
The Honorable (Fname) (Lname)
Minnesota House of Representatives
* * * State Office Building
St. Paul, MN 55155
Dear Representative/Senator (Lname):
The City of encourages you to support H.F. 52 (Haas)/S.F. 330 (Stevens) and other bills I
would re-exempt local government purchases from the sales tax.
The sales tax on local government purchases was extended by the legislature in 1992 at a time when the state
was experiencing a severe budget shortfall. With recent budget forecasts that indicate a substantial state
budget surplus in the foreseeable future, the state can afford to eliminate the sales tax on local purchases.
Exempting local government purchases would save cities, counties and townships an estimated $80 million
per year that ultimately results in higher property taxes and user fees. {If your city Itas tlte actual or estimate
of tlte sales tax paid last year, you sltould include that figure in tlte letter].
We encourage state legislators to support the repeal of the sales tax on local governments.
Sincerely,
.
" .
CITY OF SHOREWOOD
RESOLUTION NO. 99-
A RESOLUTION SUPPORTING REPEAL OF THE STATE SALES TAX
FOR LOCAL GOVERNMENT PURCHASES
.
WHEREAS, the Legislature imposed the sales tax on local governments in 1992
when facing a significant state budget deficit; and
WHEREAS, the state government has collected hundreds of millions of dollars in
ales tax since 1992 on local government purchases of items such as road maintenance
equipment, wastewater treatment facilities, and building materials; and
WHEREAS, the sales tax on local government purchases is passed on to residents
in the form of higher property taxes and fees; and
WHEREAS, the state's financial picture has improved dramatically and the need
for the sales tax no longer exists; and
WHEREAS, Minnesota is one of only seven states which imposed sales tax on
local government purchases; and
WHEREAS, imposing the sales tax on local government purchases is an
inefficient way to raise state revenues, especially where sales tax is paid for bonding
projects with accompanying interest costs.
NOW, THEREFORE, BE IT RESOLVED that Shorewood City Council
encourages its state legislators to support the repeal of the sales tax on local governments.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY
OF SHOREWOOD this 22nd day of March, 1999.
.
WOODY LOVE, MAYOR
ATTEST:
JAMES C. HURM, CITY ADMINISTRATOR
,.-1
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD. SHOREWOOD. MINNESOTA 55331-8927. (612) 474-3236
FAX (612) 474-0128. www.state.netlshorewood. cityhall@shorewood.state.net
MEMORANDUM
TO:
Mayor and City Council
.
FROM:
Brad Nielsen
DA TE:
18 March 1999
RE:
Melco, Steve -Appeal Zoning Violatiol1"
FILE NO.:
Property (5770 Smithtown Circle)
Mr. Stev.e Me1co owns the property at 5770 Smithtown Circle (see Site Location map -
Exhibit A, attached). Based on resident complaints, Mr. Me1co was sent a zoning
violation letter (see Exhibit B, attached) for operating a tree service business from his
home. In his letter, dated 11 March 1999.(Exhibit C), he asks for additional time in order
to apply for a conditional use permit for a special. ~ome occupation.
.
We have scheduled a public hearing to consider Mr. Melco's C.U.P. application for the
Planning Commission meeting on 6 April 1999. Any approval of that application will
necessitate certain actions by Mr. Melco to bring the property into compliance with the
Zoning Code. For example, except for one truck he will have to find a way to get all of
his equipment inside. Any signage associated with the business must be removed. Only
one employee who doesn't live on the premises is allowed to come to the site.
Assuming the Planning Commission takes action at its 6 April meeting, the Council
would see the C.U.P. application at its 26 April meeting. It is recommended'that Mr.
Melco be given until 14 May to either obtain the necessary home occupation permit, or
discontinue operating the business from his home, including the removal of all business
related equipment and materials.
'/2..
.t\ PRINTED ON RECYCLED PAPER
..
, '"
Memorandum
Re: Melko Zoning Violation Appeal
18 March 1999
In fairness to the property owner the Council should be prepared to give some indication
as to how his home occupation permit will be viewed. If it is not likely that the Council
will consider the request favorably, he should be so advised before he spends the $200 for
the C.U.P. application.
If you have any questions relative to this matter, please do not hesitate to call me prior to
Monday night's meeting.
Cc: Jim Hurm
Joe pazandak
Steve Melco
.
.
-2-
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PflOPfRTY FILE
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CITY OF
SHOREWOOD
5755 COUNTRY CLue ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (612) 474-3236
FAX (612) 474-0128. www.state.netlshorewood . cilyhaU@shorewood.state.net
5 March 1999
Mr. Steven R. Meleo
5770 Smithtown Circle
Shorewood, J\tfN 55331
Re: Zoning Violations - 5770 Smimtown Circle
.
Dear Mr. Melco:
Our office has received complaints alleging that commercial vehicles and equipment are being
parked and stored at the above-referenced property in violation of ShorewoE>d's City Code. Upon
inspection of the property, we find that trucks. one with a tree chipper. designed for heavy-duty 'A
commercial use and displaying "Treecare" advertising are consistently parked at your property. J
Also observed is a sign in your yard advertising ''Treecare'' and its phone number. .i:
Although Shorewood's Zo.ning Code provides for certain home occupations to be located in
residential zoning districts by permit, we have no record of your having obtained a permit.
Section 1201.10 Subd. 31. provides that one(l) commercial vehicle may.be stored in a private
garage. Copies of these Sections are enclosed for your review. .
.-nis is to advise you that the use of the above-referenced property is in violation of Shorewood
"oning regulations and that the violation must be corrected immediately. Your property will be
inspected for compliance on 17 March 1999. Any violation found to exist at that time will be
referred to the City Attorney for further legal action. If you wish to appeal this matter to the City
Council. you must do so in writing. before 17 March 1999. .
If you have any questions relative to this matter. please do not hesitate to call me.
CITY OF SHOREWOOD
~~ 9- 7/~ It'--
Bradley J. Nielsen
Planning Director
cc: Jim Hurm
Kenneth Potts
Joe pazandak
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HOME OCCUPATION PER..i\1IT
APPLICATION
CITY OF
SHOREWOOD
6766 COUNTl'lY e:'UB ROAC " SHOREWOOC. MINNESOTA 66331 . (e1%1 4.74-3%35
PLANNING AND PROTECTIVE INSPECTIONS
SITE
(Please Print or Typel
Owner:
~tcVe. (Yle k.~
~1'i 0 ~n.~ ,. +/\ -+-::tN"
C;"'c.lp
Address:
Lot:
Block: ""'2- Subdivision:
APPLICA..NT
Name: ~teVc. ~.VJc:.1 C r
Address: 'Y"l7.C, SW) j~ -mL...l11..
(Street) .
.Sh.N'e.. LI: c cd
(City)
Telephone:( lq,-) '-17 C -C: (.: 71
C il-c... \e
vY\ ,\1 ~
(St:ue)
$'53:>)
(Zipcode)
BUSINESS NAL\!E;
~
j r -e- e. <:..ct. r ~
Telephone:( t;( L )7 I q <b 7 .:)"3
Mailing Address:
?c. ~:)~
5~~j
~S5 S . 'S~l).-<.wccd .
W\N
TYPE OF BUSINESS TO BE CONDUCTED: (also :mswer' questionnaire on reverse side)
. .- <:::
Jree .:;)r?/'v,c..c
In sig:oing this application. I hereby acknowledge that I have reviewed Section 1201.03. Subd. 12 (Home OCC'.1pations) of
the City Code and understand the General Provisions and Requirements or the type of home occupation permit for which
I am applying.
Signature of applic:mc:
:~:::::~~~1?~'~~~B~~IfIrr~~
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-
.
HOrvlE OCCUPATION Ql:IESTIONNAill.E
1. \Vhat amount of light glare, noise, odor or vibration might the home occupation
produce? "C i"\ e..
2.
\Vhat, if any t type or equipment will be used in the home occupation?
('\ C t'l e..
( eq~. P~ct'/)
'"'>U... ,.,~.,...+-
':l" .. ,
," T\clJ'.-t. r\ \ ~~ i.\ ,c. VI\. tAo.& \...:> \.."U-ct"\~ ~h-(. .~\ e. \c\
I
3. Wnar percentage of your house will. be used for the home occupation?
~..
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, a..:l'-a..~ ~
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4.
weill any internaL or exre...'11al alte..."ation or construction of the house be required as a
result of the home occupation? r.J 0
5. Where will equipment or maref..als used in the home occupation be stored?
. / !l
v.c.:"" - " /0-:- .sJ..J.' d.. Di~ L wo..L!
J ~ J
6.
Is there any signage planned for the home occupation?
ND
7.
o~~
-. (
b.wma5~
What are the hours of ope..."'ation?
.
8. 'Where will parking of vehicles in conjunction with the home occupation be provided
for on the premises? (attached copy of site plan or survey) . -sJ'-nvY\. .""^- ~ '.c.,'
.
9. How many outside employees will the...~ be on the premises?
10. Will the home occupation require the use of any accessory buildings on the premises?
~o
I. t. How many cIie..'1rele will there be on the premises at any given time? N (),., e
G.~
CITY OF SHOREWCMl Y DRAFT
ORDINANCE NO.
ESTABLISHING AN ENVIRONMENT AND LAND
CONSERVATION COMMITTEE
THE CITY OF SHOREWOOD DOES ORDAIN:
Section I. Section
include the following:
Subd. I
Subd. 2
.
Subd. 3
Subd. 4
.
of the Shorewood Code of Ordinances is amended to
Establishment: The Environment and Land Conservation Committee is
hereby established. The Environment and Land Conservation Committee is
referred to herein as "the Committee."
Purpose: The Committee shall serve as an advisory committee to the City
Council, the Park Commission and the Planning Commission on matters
relating to the City's environmental resources. The Committee shall also
serve as a liaison between the City, its residents, and other environmental
agencies and groups.
Membership of the Committee: Membership shall consist of five (5)
residents of the city appointed by the City Council; a representative of the
Planning Commission, appointed by the Planning Commission; a
representative of the Park Commission, appointed by the Park Commission.
In making appointments, the City Council shall consider geographic
disbursement and environmental topic expertise.
The Committee shall have duties in the following areas:
a.
Land Conservation: Make recommendations to the City Council
and work with City staff in carrying out the conservation open space
planning process and implementation of the plan as recommended in
the Land Conservation Committee report of December, 1998.
Conservation open space is defmed as follows: Land that is largely
free of man-made structures, where ground cover is such that rain
may enter the soil to replenish ground water, where use of the land
promotes air and water quality, scenic beauty, wildlife habitat andlor
natural communities.
Implementation includes citizen education efforts and promotion of
the use of the various land conservation tools. The Committee will
advise the City Council on acquisition of conservation open space
and management of passive open space lands. The Committee will
develop a stewardship plan for each open space parcel acquired by
the City. Managementincludes any minimal development (i.e.
trails, restoring natural communities, and controlling disease and
invasive species on City-owned open space).
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.
Ordinance No.
Subd. 5
Subd. 6
Subd. 7
.
Subd. 8
Subd. 9
Subd.lO
.
Subd. 11
Subd.12
Subd. 13
Terms: Terms of appointment commence on February 1 and terminate on
January 31 or until vacancy is filled. The initial resident appointments shall
be made as follows: one (1) to serve until January 31, 2000; two (2) to
serve until January 31, 2001; and two (2) to serve until January 31, 2002.
Park and Planning Commission appointees shall be made annually in
January or as soon thereafter as possible by the Commissions.
Removals: The City Council shall have the power to remove any member
of the Committee for cause as defmed in the Shorewood Personnel Policy
and after a public hearing with two (2) weeks published notice, by two-
thirds of the entire City Council.
Organization: At the fIrSt regular meeting of the year, the Committee shall
appoint a chairperson from among its voting members. This appointment
shall be subject to Council approval and shall consist of a one (l)year term.
The position of Chair shall rotate among members, with no Committee
member serving in that capacity for more than two (2) consecutive terms.
The Committee shall also elect a vice-chair from among its appointed
members for a term of one (1) year. The Committee may create and fill
such other offices from its members as it may determine needed to transact
Committee business.
Regular Meetings: The Committee shall meet as needed, but not less than
once each quarter at a time which the Committee shall fix by resolution.
Special Meetings: Special meetings may be called by the Chairperson or by
any two (2) members of the Committee by a written notice fIled with the
Administrator who then shall notify all members of the Committee of the
time and date of the special meeting, at least three (3) days before the
meeting date.
Quorum: A majority of the appointed Committee members shall constitute a
quorum.
Bylaws, Records: The Committee shall adopt bylaws for its governance
and for the transaction of its business. The bylaws will be reviewed on an
annual basis at the fIrSt regular meeting in February. A recording secretary
shall keep a record of attendance at Committee meetings, a record of
resolutions, and votes and abstentions on ea<;h question requiring a vote.
The record of the Committee shall be a public record.
Work Plan: In June of each year, the Committee will submit a report on the
current calendar year activities and a recommended work plan for the next
18 months to the City Council for review and direction. In conjunction with
that submittal, a budget request will be submitted to the City Administrator
for the next fiscal year.
Sunset: The Committee shall cease to exist on June 30, 2002 unless, upon
review during the previous six month period, the City Council extends its
life for an additional three years by resolution. A review and resolution
extending the Committee shall occur at the end of each three year period or
the Committee shall cease to exist.
Ordinance No.
Section 2. This Ordinance shall be in full force and effect from and enter its passage and
publication.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY
OF SHOREWOOD, MINNESOTA, this day of
ATTEST:
WOODY LOVE, MAYOR
JAMES C. HURM, CITY ADMINISTRATOR
.
.
, -
CHECK APPROVAL LISTING FOR MARCH 22, 1999 COUNCIL MEETING
CHECKS ISSUED SINCE MARCH 11,1999
.
CK NO TO WHOM ISSUED
24868 LUCIA ADAMS
24869 BROWNING FERRIS
24870 KATHLEEN HEBERT
24871 MATERIALS MGMT DIV.
24872 METRO COUNCIL ENVIRONMENT
24873 MN STATE TREASURER
24874 CITY OF MINNETONKA
24875 THERESA NAAB
24876 PEPSI COLA COMPANY
24877 SENSIBLE LAND USE COALITION
24878 US WEST
24879 KIRK DAVIS
24880 DAHLHEIMER DIST.
24881 DAY DISTRIBUTING
24882 EAST SIDE BEVERAGE CO.
24883 MARK VII
24884 MARLIN'S TRUCKING
24885 NORTH STAR ICE
24886 QUALITY WINE & SPIRITS
24887 THORPE DISTRIBUTING CO.
24888 WASTE MANAGEMENT
24889 GOVT FINANCE OFFICERS ASSOC
24890 PERA
24891 ICMA RETIREMENT TRUST 457
24892 CITY COUNTY CREDIT UNION
24893 ARMOR LOCK
24894 MN CHILD SUPPORT PMT CTR
24895 NORTHERN STATES POWER
24896 JOSEPH PAZANDAK
24897 PEPSI COLA COMPANY
24898 US POSTAL SERVICE
24899 BELLBOY CORP.
24900 BELLBOY BAR SUPPLY
24901 MIDWEST COCA-COLA
24902 GRIGGS, COOPER & CO.
24903 HONEYWELL PROTECTION
24904 JOHNSON BROS. LIQUOR
24905 LAKE REGION VENDING
24906 NORTH STAR ICE
24907 PAUSTIS WINE COMPANY
24908 PHILLIPS WINE & SPIRITS
24909 QUALITY WINE & SPIRITS
24910 THE WINE COMPANY
.
PURPOSE
TEMP HELP
TB L1Q RECYCLING
SEC 125 REIMB
COOP. PURCHASE MEMBERSHIP
FEB SAC
BLDG. CODE SEMINAR-PAZANDAK
WATER PURCHASE
SEC 125 REIMB
POP PURCHASE/MISC
SPRAWL SEMINAR-NIELSEN
COMMUNICATIONS
ESCROW REFUND
BEER PURCHASE
BEER/MISC PURCHASE
BEER/MISC PURCHASE
BEER/MISC PURCHASE
FREIGHT
MISC PURCHASE
L1QUORIWINE PURCHASE
BEER/MISC PURCHASE
WASTE REMOVAL
BUDGET AWARD SUBMITTAL FEE
PERA
DEFERRED COMP
PAYROLL DEDUCTIONS
ALARM MONITORING
CHILD SUPPORT-C. SCHMID
UTILITIES
MILEAGE/EXPENSES
MISC PURCHASE
POSTAGE FOR METER
LIQUOR/BEER PURCHASE
MISC/SUPPLY PURCHASE
MISC PURCHASE
L1QUORIWINE/MISC PURCHASE
SEMI-ANNUAL ALARM MONITORING
L1QUORIWINE PURCHASE
MISC PURCHASE
MISC PURCHASE
WINE/BEER PURCHASE
L1QUORIWINE PURCHASE
L1QUORIWINE PURCHASE
WINE PURCHASE
TOTAL CHECKS ISSUED
Page 1
AMOUNT
$186.00
53.70
192.30
350.00
2,079.00
30.00
70.28
207.80
185.55
30.00
247.94
150.00
624.60
5,979.83
11,500.05
5,449.35
254.15
156.84
1,875.54
9,301.65
237.54
150.00
3,023.58
1,130.40
1,080.80
145.12
181.50
4,529.14
61.94
92.10
1,000.00
5,003.94
293.64
501.79
9,838.90
172.53
9,790.07
1,773.10
70.20
210.95
6,316.75
$2,353.94
588.45
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Payroll Register
Check # Last Name First Name MI Check Amt Check Date
214245 BROWN LAWRENCE A 1,620.85 3/8/99
214261 BASTYR CONNIE D 279.94 3/16/99
214262 BETTS GRAYDON D 201.34 3/16/99
214263 BLECHTA RYAN C 50.10 3/16/99
214264 BUHL SUSAN E 314.93 3/16/99
214265 COLE ANGELA M 664.99 3/16/99
214266 DA VIS CHARLES S 933.73 3/16/99
. 214267 EDRALIN LAURENCE A 28.63 3/16/99
214268 GARFUNKEL JOHN J 184.70 3/16/99
214269 GROUT TWILA R 698.48 3/16/99
214270 HEBERT KATHLEEN A 529.00 3/16/99
214271 HELGESEN PATRICIA R 571.12 3/16/99
214272 HELLING PAMELA J 592.86 3/16/99
214273 HEURKINS MARK K 306.50 3/\6/99
214274 HURM JAMES C 1,805.64 3/16/99
214275 JAKEL BRIAN D 194.53 3/16/99
214276 JENSEN JEFFREY A 995.9\ 3/\6/99
214277 JOHNSON DENNIS D 954.37 3/\6/99
. 214278 JONES DEBRA J 353.40 3/16/99
2\4279 JOSEPHSON KELLY F 110.94 3/16/99
214280 JOSEPHSON WILLIAM F 629.86 3/16/99
214281 KARSTEN MARK R 90.57 3/16/99
214282 LANGLEY DANIEL W 77.\8 3/16/99
214283 LATTERNER SUSAN M 664.99 3/16/99
214284 LIZEE CHRISTINE G 184.70 3/16/99
214285 LOVE CLIFFORD W 219.24 3/16/99
214286 LUGOWSKI JOSEPH P 844.47 3/16/99
214287 LUND JASON R 273.55 3/16/99
Tuesday, March 16, 1999
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Page 4
...., ,
Check # Last Name First Name MI Check Amt Check Date
214288 MARRON RUSSELL R 47.27 3/16/99
214289 MASON BRADLEY J 850.08 3/16/99
214290 NAAB THERESA L 672.88 3/16/99
214291 NICCUM LAWRENCE A 1,182.83 3/16/99
214292 NIELSEN BRADLEY J 908.39 3/16/99
214293 PAZANDAK JOSEPH E 1,165.28 3/16/99
214294 POUNDER CHRISTOPHER J 1,049.87 3/16/99
214295 RANDALL DANIEL J 976.17 3/16/99
214296 ROERICK BRIAN M 60.51 3/16/99
214297 ROLEK ALAN J 1,204.74 3/16/99
. 214298 RUTLEDGE PATRICK D 51.90 3/16/99
214299 SCHMID CHRISTOPHER E 483.49 3/16/99
214300 STOVER KRISTI 184.70 3/16/99
214301 ZERBY MICHAEL S 184.70 3/16/99
Total of Checks $23,399.33
.
Tuesday, March 16, 1999
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Page' 5