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011199 CC Reg AgP iI "", l~'>.. ....~ ~, SCANNED CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDA Y, JANUARY 11, 1999 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. The newly elected Councilmembers will take the Oath of Office prior to beginning the regular portion of the meeting. hnmediately following the regular portion of the meeting, the City Council will meet in Executive Session to continue discussion on the Administrator's performance. AGENDA 1 . CONVENE CITY COUNCIL MEETING A. Roll Call Mayor Love_ Stover Garfunkel Lizee Zerby B. Review Agenda C. Presentation of Appreciation D. A Motion to Adopt a Resolution Making Appointments (Att...#2D Proposed Resolution) ... ...." 2 . APPROVAL OF MINUTES A. City Council Regular Meeting Minutes December 21, 1998 (Att...#2A Minutes) 'J' ,.,.~.. ,.... ..., . City Council Special Meeting and Executive Session Minutes January 4, 1999 (Att...#2B Minutes) 3 . CONSENT AGENDA. Motion to approve items on Consent Agenda & Adopt Resolutions Therein: B. . \, i~ A. A Motion Establishing the Date for the Local Board of Review (Att.-#3A Memorandum) B. A Motion Approving a Sign Permit (Att.-#3B Planner's Memorandum) Applicant: First State Bank Location: 19765 State Highway 7 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 betaken.) 5 . PLANNING . Report by Representative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . KENNEDY & GRAVEN CHARTERED . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . ATTORNEY RESUMES . . Contact Person: John B. Dean January 6, 1999 City of Shorewood . 470 Pillsbury Center Minneapolis, MN 55402 (612) 337-9300 . . . OHN B. DEAN LOCAL GOVERNMENT LAW / ECONOMIC DEVELOPMENT AND REDEVELOPMENT / LAND USE . . J.D., University of Minnesota, 1969 B.A., University of Kansas, 1966 . PRIMARY PRACTICE AREAS . John Dean has extensive experience in the practice of municipal law, including drafting of ordinances, zoning and land use planning, special assessments, real estate, and condemnation. His trial work includes both civil and criminal matters. He represents municipal clients in zoning and licensing matters in state and federal court. His practice extends to redevelopment authorities, including negotiating and drafting legal documents and development agreements. Since 1988, he has served as the city attorney for Robbinsdale and, since 1997, Mound and Shorewood. He also represents the Richfield and Chanhassen Housing and Redevelopment Authorities. . . . BACKGROUND . Mr. Dean began his legal career as an assistant state public defender and assistant Hennepin County public defender, specializing in criminal trial law (1969-1971). He joined the LeFevere Lefler firm in 1971 and Kennedy & Graven in 1989. In addition to clients he currendy serves, he has represented the Hopkins School District, Lake Minnetonka Conservation District, . . Brooklyn Park, Brooklyn Center, and Crystal, and he has lobbied and coordinated legislative programs of organizations, primarily in the law enforcement field. MEMBERSHIPS AND PROFESSIONAL ACTIVITIES . Mr. Dean is a member of the Minnesota State Bar Association. As a member of the Hennepin County Bar Association, he serves on the Local Government Law and Eminent Domain Committees. He is admitted to practice before the Minnesota Supreme Court and other courts of the state, Federal District Court of Minnesota, and Eighth Circuit Court of Appeals. PERSONAL. Mr. Dean and his wife, Joanne, have one child. Mr. Dean enjoys cross-country skiing and has taught at the Hennepin County Park Reserve. Fishing and travel are also favorite leisure pursuits. He has taken cruises throughout the West Caribbean and is planning a trip along the eastern seaboard and to Bermuda. "Development and redevelopment are the more innovative sides of municipal work. Economic development is where things get done, where the action is. Your work produces huge tangible results." . Kennedy & Graven . C H ART ERE 0 . RONALD H. BATTY LOCAL GOVERNMENT LAW / ECONOMIC DEVELOPMENT AND REDEVELOPMENT / LAND USE . J.D., Georgetown University Law Center, 1979 M.U.P., Hunter College of the City of New York, 1975 (Weintraub Fellow) B.A. (magna cum laude), Loyola University, 1973 . PRIMARY PRACTICE AREAS . Ron Batty's practice includes municipal law, with a special interest in land use and zoning matters, tax increment financing, and development. He is also involved in local government representation as the city attorney for Lauderdale since 1986 and Medina since 1987. He has represented both the Robbinsdale Economic Development Authority and the Lino Lakes Economic Development Authority since 1990. . . . BACKGROUND. A native of Tampa, Florida, Mr. Batty developed a strong interest in city planning, receiving a Masters in Urban Planning from Hunter College in New York, where he was a Weintraub Fellow. Following law school at Georgetown University Law Center, he served as a city planner in New York. He moved to the Twin Cities in 1980, continuing his work as city planner in a suburb of the Twin Cities for four years. After five years in private practice, Mr. Batty brought his extensive experience to Kennedy & Graven in 1989. He lectures at the annual meetings of the Northwest . . Hennepin League of Cities, speaking on various municipal topics, and presents a yearly seminar on land use for each of his municipal clients. MEMBERSHIPS AND PROFESSIONAL ACTIVITIES . Mr. Batty is a member of the Minnesota State and Hennepin County Bar Associations. He is also a member of Sensible Land Use Coalition, a multidisciplinary organization discussing Twin City Metro Area land use and planning issues. PERSONAL . Mr. Batty lives in Golden Valley with his wife and two children. He has both coached and managed his children's youth athletic activities. In addition to occasional volunteer work for the communities he serves, he spends his leisure time reading biographies, mysteries, and books on public policy. He also spends time in his perennial and rock garden, and enjoys hiking in the mountains of Colorado. "I like keeping communities on an even keel and helping them to avoid litigation. Cities depend on their city attorney for sage advice as weU as legal counseL There is something extra in the role." . Kennedy & Graven . C H ART ERE 0 ROBERT A. ALsop LITIGATION / EMPLOYMENT LAW / HOUSING LAW / LOCAL GOVERNMENT LAW J.D., William Mitchell College of Law, 1986 B.A., St. Olaf College, 1981 PRIMARYPRACTICEAREAS . Robert Alsop has over ten years of experience as a litigator with the firm of Kennedy & Graven, practicing in the areas of employment law, general governmental law, workers' compensation, and housing law. In the rapidly evolving area of employment law, Mr. Alsop advises and defends employers against discrimination claims under both state and federal law. He also has extensive appellate practice and has been retained to brief and argue appeals before the Minnesota Court of Appeals, the Eighth Circuit Court of Appeals, and the Minnesota Supreme Court. BACKGROUND . Mr. Alsop's decision to pursue the practice oflaw was influenced in part by other members of his family in the legal field. David Graven also encouraged and counseled him in his current concentration as a litigator at Kennedy & Graven. Mr. Alsop joined the firm as an attorney in 1986. During his years at the firm Mr. Alsop has had extensive experience in all phases of the litigation process in both state and federal court. He complements his litigation practice with sound preventative legal advice to his clients. MEMBERSHIPS AND PROFESSIONAL ACTIVITIES . Mr. Alsop is a member of the American, Minnesota State, Ramsey, and Hennepin County Bar Associations. PERSONAL . Mr. Alsop enjoys golf, skiing, and family activities with his wife and two sons. As a volunteer ski instructor for South Suburban Adaptive Recreation, he assists people with disabilities in the enjoyment of recreational activities. He also volunteers as a reading instructor at Expo Elementary School in St. Paul. "The practice of law requires an attorney to identifY, interpret, and effectively articulate the law to a client's optimum advantage. 1 have always been impressed by the collegial atmosphere at Kennedy & Graven that allows each attorney to easily draw upon the knowledge and skiUs of the other practitioners within the firm. This atmosphere makes the practice of law at Kennedy & Graven both enjoyable and fulfiUing. " Kennedy & Graven C H ART ERE 0 DANIEL}. GREENSWEIG ECONOMIC DEVELOPMENT AND REDEVELOPMENT / HOUSING LAW / LOCAL GOVERNMENT LAW / ENVIRONMENTAL LAW / TELECOMMUNICATION AND UTILITY LAW / PUBLIC FINANCE J.D. (magna cum laude), William Mitchell College of Law, 1993 B.A., Metropolitan State University, 1990 PRIMARY PRACTICE AREAS . Dan Greensweig practices in the area of governmental law, representing public bodies, private organizations, and individuals in matters that include tax increment financing, land use, and environmental issues. His clients include metropolitan and outs tate cities, port authorities, EDAs and HRAs, and a variety of other groups. BACKGROUND . After his discharge from the United States Army, Mr. Greensweig designed and conducted training programs for IDS Financial Services (now American Express Financial Advisors). He was a member of the American Society for Training and Development, and published articles in the U.S. and abroad. During law school, Mr. Greensweig served as a law clerk for the League of Minnesota Cities Insurance Trust. After graduation, he clerked for the Honorable Robert H. Schumacher at the Minnesota Court of Appeals, and then became assistant general counsel for a national brokerage firm, where he provided a full array of corporate legal services to the company's senior management, trading and customer service departments, and sales force. During this time, he obtained his general securities representative (series 7) license. Mr. Greensweig joined Kennedy & Graven in 1995. MEMBERSHIPS AND PROFESSIONAL ACTIVITIES . Mr. Greensweig was admitted to practice in Minnesota in 1993. In 1994, he was admitted to practice before the U.S. District Court for Minnesota. A member of the Minnesota State and Hennepin County Bar Associations, he currendy teaches business law and ethics at Anoka-Ramsey Community College, and serves as a board member of Clean Water Action Alliance of Minnesota. He also regularly writes and speaks on legal issues related to his practice. PERSONAL . Mr. Greensweig, his wife, Colleen, and their two sons, live in Circle Pines, where he has served as a member of the planning commission since 1996. He enjoys fishing, reading, and cooking for family and friends. "In smaUer cities, you can see an immediate impact when the community is able to build new housing or a manufacturing facility. I find great satisfaction in helping a city keep or create job opportunities and in helping people to stay in a place they love." Kennedy & Graven C H ART ERE D CHARLESL.LEFEVERE LOCAL GOVERNMENT LAW / GOVERNMENT RELATIONS AND ADMINISTRATIVE LAW / EMPLOYMENT LAW / LAND USE / ECONOMIC DEVELOPMENT AND REDEVELOPMENT J.D. (cum laude), University of Minnesota, 1975 B.A., St. Olaf College, 1968 PRIMARY PRACTICE AREAS . Charlie LeFevere has extensive experience representing public and private clients in a broad range of municipal issues, including planning and zoning, city charters, public improvements and special assessments, open meeting law, employment law, data practices, environmental law, public bidding, municipal litigation, and municipal finance. He is the city attorney for New Brighton, Brooklyn Center, and Rosemount, and serves as counsel to a number of joint powers organizations, HRAs, EDAs, port authorities, charter commissions, watershed management organizations, and special purpose governmental units. Mr. LeFevere has been selected by the American Research Corporation's Law & Leading Attornrys Guidebook in the area of federal, state, and local government law. BACKGROUND . From 1969 to 1972, Mr. LeFevere was a line officer in the U.S. Naval Reserve. Following law school, he joined the LeFevere Lefler firm (1975- 1989). He has practiced with Kennedy & Graven since 1989. MEMBERSHIPS AND PROFESSIONAL ACTIVITIES. Mr. LeFevere is a member of the Minnesota State Bar Association, Public Law Section, and the Hennepin County Bar Association, and has served on the Hennepin County Local Government Law Committee. He is also a member of the Minnesota Association of City Attorneys. He lectures frequendy for continuing legal education on municipal law topics, such as the use of mediation by governmental bodies, special assessments, financing of storm water improvements, and municipal regulation of landfills. PERSONAL. Mr. LeFevere and his wife, Kathy, have two children. He has served as chair of the Mediation Center Board of Directors and the Minnetonka Board of Zoning Adjustment, and was president of the Brooklyn Center Rotary and the Wayzata Youth Hockey Association. He enjoys hunting, fishing, backpacking, and rehabbing his seventy-five-year-old log cabin. "I enjoy the daily contacts with public officials and staff, and share with them a sincere belief in the importance of local government. I feel very fortunate that, after more than twenty years in the practice of public law (and over 1000 council meetings), I stiU enjoy my work and feel good about what I do." Kennedy & Graven C H ART ERE 0 ~ AMES M. STROMMEN LITIGATION / TELECOMMUNICATION AND UTILITY LAW / LOCAL GOVERNMENT LAW J.D. (cum laude), University of Minnesota, 1983 B.A. (magna cum laude), Augsburg College, 1977 PRIMARYPRACTICEAREA . Jim Strommen practices municipal law and is highly regarded in the area of public utilities. Since 1990, he has been general counsel to the Suburban Rate Authority, a joint powers organization of metropolitan area cities, which intervenes in electric, gas, and telecommunications matters before the Public Utilities Commission. He also represents cities in utility franchise and commercial litigation matters and has drafted model utility ordinances and franchises. In his commercial litigation practice, he represents closely held corporations and individuals in contract matters, employment termination, sexual harassment, and noncompete agreements. BACKGROUND. While serving in the army, Mr. Strommen was a German linguist, studying at the Defense Language Institute in Monterey, California (1973). He practiced with the LeFevere Lefler firm from 1983 to 1989, coming to Kennedy & Graven with several of his municipal law partners in 1989. MEMBERSHIPS AND PROFESSIONAL ACTIVITIES . A member of the Minnesota State Bar Association, Mr. Strommen has been admitted to state and federal courts, including the Eighth and Ninth Circuit Courts of Appeals. He has drafted or advised on legislation in criminal harassment-stalking, municipal utility franchise, and municipal right-of- way authority in telecommunications. In addition, he has been a presenter in his specialty areas for Minnesota city attorneys and public utility organizations and has assisted in trial practice classes at the William Mitchell College of Law. PERSONAL . Mr. Strommen lives in Minnetonka with his wife and three children, one of whom is a child with special needs. He is active on behalf of special needs children, serving on the Minneapolis and St. Paul Children's Health Care Hospitals Institutional Review Board. In running three marathons, he has raised a combined total of over $20,000 for charitable causes. He is also active in church and youth sports programs and coaches basketball. "By intervening in rate cases, we are a watchdog of utilities. Attorneys at Kennedy & Graven have a significant breadth of knowledge in all areas that city attorneys need. Our challenge is in advising clients before circumstances arise that may cause litigation. " Kennedy & Graven C H ART ERE 0 CORRINE HEINE THOMSON LOCAL GOVERNMENT LAW / EMINENT DOMAIN / LAND USE / LITIGATION J.D. (magna cum laude), University of Minnesota, 1983 B.A. (summa cum laude), Wartburg College, 1979 PRIMARY PRACTICE AREAS . Corrine Thomson practices in the municipal law area, where she'handles diverse matters that run the gamut from data practices and free speech to real estate and contracting. In addition to serving as the city attorney for Richfield, Loretto, and Independence, Ms. Thomson also practices in the areas of eminent domain and municipal litigation. BACKGROUND. Following law school, she worked as a law clerk to District Judges Edward A. Bearse and Stanley N. Thorup in Anoka County. She practiced with the LeFevere Lefler firm from 1985 to 1989, and has continued her practice with Kennedy & Graven since then. MEMBERSHIPS AND PROFESSIONAL ACTIVITIES . Ms. Thomson brings strong leadership qualities to numerous professional organizations. Admitted to the bar in Minnesota in 1983, she has been a member of the Public Law Section Newsletter and Data Practices Committees since 1993. As a member of the Hennepin County Bar Association, she served as cochair of the Local Government Committee (1993-1994). A member of Minnesota Women Lawyers since 1986, she has been both president (1994-1995) and cochair (1988-1990) of the Community Relations Committee. Since 1987, she has been a member of the Minnesota City Attorneys' Association, serving on the board of trustees since 1994 and as president (1996-1997). Her other memberships include the International Municipal Lawyers Association (formerly the National Institute of Municipal Law Officers) where she has been the state chairperson since 1992. Ms. Thomson has also lectured on "Regulation of Waste Collection" (1989 Attorneys Update) and "Update on Data Practices" (1994 City Attorneys Update). PERSONAL . Ms. Thomson enjoys reading good mysteries and fiction, as well as browsing in antique shops. She also keeps busy "watching my family watch sports," spending time with her husband, Jim (K.ennedy & Graven colleague), and their three children. "I like working with local governments because their decisions have a direct impact on people and neighborhoods. Every city we represent reminds me in some way of the small town where I grew up. Working with cities gives me a sense of purpose and community." Kennedy & Graven C H ART ERE D OEY. YANG LITIGATION / LOCAL GOVERNMENT LAW / HOUSING LAW / LAND USE / EMINENT DOMAIN / EMPLOYMENT LAW / ENVIRONMENTAL LAW J.D., William Mitchell College of Law, 1995 B.A., Northwestern University, 1991 PRIMARY AREAS OF PRACTICE. Joe Yang practices in the area of civil litigation, representing primarily public clients such as Shorewood, Robbinsdale, and Mounds View on various civil matters. He represents municipalities through the League of Minnesota Cities Insurance Trust and, with attorneys Wilkins and LeFevre, represents a major interstate pipeline company, protecting that company's right-of-way interests in Minnesota. Mr. Yang also concentrates on hazardous-buildings matters for municipalities. BACKGROUND. Mr. Yang began his emphasis on litigation in law school. As the head law clerk for the Ramsey County Public Defender's Office, he supervised a staff of ten law clerks. He represented juvenile, felony, gross misdemeanor, and misdemeanor clients under the student practice rules, second-chaired first-degree murder and criminal sexual conduct trials, wrote appellate briefs, and made oral arguments at the Minnesota Court of Appeals. In 1993, he worked for the Dakota County prosecutor in the Misdemeanor Clinic. In 1995, Mr. Yang was admitted to practice before the U.S. District and Supreme Courts of Minnesota and joined Kennedy & Graven that same year. MEMBERSHIPS AND PROFESSIONAL ACTIVITIES . Mr. Yang is a member of the Minnesota State and Hennepin County Bar Associations. While in college, he worked with children in the Northshore YWCA Shelter for Battered Women in Evanston, Illinois. He continued his interest in the welfare of children throughout law school in the Ramsey Country Guardian Ad Litem Program, where he served as an attorney under the student practice rules (1993- 1995). He continues to volunteer as a Guardian Ad Litem for Ramsey County, working on behalf of children in juvenile and family court proceedings. PERSONAL . Mr. Yang enjoys cooking, and he spends most of his weekends fishing, canoeing, and camping. Travel is another interest, highlighted by a recent Bali honeymoon with his wife, Robin, a textile designer. "Kennedy & Graven has allowed me to experience civil litigation and the private practice setting while still being heavily involved in government. I enjoy working directly with both municipal and private clients." Kennedy & Graven C H ART ERE D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . KENNEDY & GRAVEN CHARTERED . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ADDITIONAL FIRM . INFORMATION . Contact Person: John B. Dean January 6, 1999 City of Shorewood . 470 Pillsbury Center Minneapolis, MN 55402 (612) 337-9300 . . . LOCAL GOVERNMENT LAw . . Attorneys at Kennedy & Graven provide a full range of legal services to local government bodies. Over the past twenty-five years, our attorneys have represented more than 300 cities throughout the state of Minnesota on diverse matters as general or special counsel. The firm currently represents more than a dozen metropolitan area cities, providing general counsel services as city attorneys. Client representation also includes: . Housing and redevelopment . Zoning and land use authorities . Real estate and development contracts . . Economic development authorities . Port authorities LITIGATION-RELATED SERVICES . Watershed management organizations Our litigation attorneys work as a highly . Charter commissions effective team with a range of experience . Joint powers entities extending from conciliation court to . Other governmental bodies, either as multimillion-dollar and federal cases. We . special or general legal counsel have seen through to successful conclusion hundreds of trials involving: Our clients rely on us to handle matters . Litigation in federal and state district related to: courts and before state and local . Open meeting law and data practices administrative agencies . Employment law . Appellate practice in federal and state . . Public contracting and construction courts disputes . Arbitration . Special assessments . Mediation . Environmental law and polluted lands . Wetlands Specific areas handled by our litigation . . Watershed and water management attorneys include: . Public bidding disputes Issues . Eminent domain . Land use . Annexation . Open meeting law . Charters . Employment litigation . Codification services . Environmental litigation . . Utility franchise and . Condemnation telecommunications . Kennedy & Graven C H ART ERE 0 . . PUBLIC FINANCE (MUNICIPAL BONDS . Kennedy & Graven is nationally recognized in all types of municipal financing. The firm has offered continuous service as bond counsel since 1958. A member of the National Association of Bond Lawyers and the Minnesota Institute of Public Finance, we have served as bond or underwriter's counsel in thousands of transactions involving billions of dollars. We represent over 250 local government clients in Minnesota alone and work with various units of government from the smallest to the largest and most sophisticated. Both the firm and our bond-approving attorneys are listed in Bond B!!Jer's Municipal Marketplace (the "Red Book"). . . . General services in the area of approval of bonds and other obligations issued by local government units include: · Bond counsel · Underwriter's counsel · Issuer's counsel . Services typically include: · Preparation of documents · Liaison with city staff · Coordination of issuer's activities · Liaison with financial consultants · Issuance of approving legal opinion . . . Kennedy & Graven The firm serves as bond counsel to government units, large and small, throughout Minnesota, North and South Dakota, and Wisconsin in all types of financing: · General obligation bonds · Hospital and utility revenue bonds · Industrial development · Revenue bonds · State and federal grant and loan programs · Tax increment bonds · Lease purchase financing · Housing revenue bonds C H ART ERE D . . LOCAL GOVERNMENT LAw . . Attorneys at Kennedy & Graven provide a full range of legal services to local government bodies. Over the past twenty-five years, our attorneys have represented more than 300 cities throughout the state of Minnesota on diverse matters as general or special counsel. The firm currently represents more than a dozen metropolitan area cities, providing general counsel services as city attorneys. Client representation also includes: . Housing and redevelopment . Zoning and land use authorities . Real estate and development contracts . . Economic development authorities . Port authorities LITIGATION-RELATED SERVICES . Watershed management organizations Our litigation attorneys work as a highly . Charter commissions effective team with a range of experience . J oint powers entities extending from conciliation court to . Other governmental bodies, either as multimillion-dollar and federal cases. We . special or general legal counsel have seen through to successful conclusion hundreds of trials involving: Our clients rely on us to handle matters . Litigation in federal and state district related to: courts and before state and local . Open meeting law and data practices administrative agencies . Employment law . Appellate practice in federal and state . . Public contracting and construction courts disputes . Arbitration . Special assessments . Mediation . Environmental law and polluted lands . Wetlands Specific areas handled by our litigation . . Watershed and water management attorneys include: Issues . Public bidding disputes . Eminent domain . Land use . Annexation . Open meeting law . Charters . Employment litigation . Codification services . Environmental litigation . . Utility franchise and . Condemnation telecommunications . Kennedy & Graven C H ART ERE 0 . . . EMINENT DOMAIN Kennedy & Graven attorneys advise condemning authorities in acquisition of real estate by agreement and through use of eminent domain. We represent parties before condemnation commissioners, in district court and on appeal, and work with title companies, professional appraisers, relocation specialists, surveyors, environmental experts, local officials, and other professionals in coordinating the acquisition effort. We routinely handle condemnation matters for cities, housing and redevelopment authorities, economic development authorities, port authorities, counties, metropolitan agencies, utility and pipeline companies, business, and property owners. . . . The firm has many years of experience in handling complex condemnation issues, including: · Public purpose challenges · Quick take challenges · Development cost approach claims · Severance claims · Going concern claims · Authority to condemn property in bankruptcy · Relocation claims · Leasehold interest claims . . . . Kennedy & Graven · Fixture value claims · Value of contaminated property · Value of development rights · Mitigation to diminish damages · Application of local ordinances · Application of state and federal law and regulations · Compliance with state and federal funding requirements · Coordination of takings involving numerous parcels and parties, fee takings, easements, and other interests C H ART ERE 0 . . . . . . . . . . . LAND USE Kennedy & Graven has been involved in some of the leading land use decisions in Minnesota. As general counsel to numerous cities, the firm provides advice to city councils and planning commissions regarding such issues as adopting and implementing comprehensive plans and other development controls. Attorneys also handle matters related to zoning, subdivision, conditional use permits, and variances. In addition, we serve as special counsel to numerous cities on the above matters. Two of our attorneys practicing in the land use area also have master's degrees in urban and regional planning. Others sit on planning commissions and on city councils. Client representation has included such specific issues as: · Regulation of churches · Adult uses · Planned unit developments (PUD) · Regulation of telecommunications facilities · Regulation of public rights-of-way · Group homes · Zoning ordinance amendments . Controlled growth plans · Subdivision regulations Kennedy & Graven C H ART ERE 0 . ECONOMIC DEVELOPMENT AND REDEVELOPMENT . Kennedy & Graven is one of the state's preeminent firms in development and redevelopment matters. The firm has negotiated or drafted literally hundreds of agreements for public entities and private developers in Minnesota and throughout the Midwest. Our attorneys have had continuous involvement in this area for over twenty years, providing general and special finance counsel for housing and redevelopment authorities, economic development authorities, and port authorities across Minnesota. The firm also serves as special counsel to nearly fifty cities and counties in the state. . The firm has a particular strength in the area of tax increment financing, having served as development or bond counsel in hundreds of transactions involving bonds, notes, and related contracts. We assist in every aspect of the tax increment financing process, from structuring "the deal" to drafting plans, negotiating and drafting contracts, and serving as bond counsel for revenue or general obligation bonds. . The firm is also closely involved in handling legislative matters affecting economic development, consulting with legislative leaders and key interest groups, serving on legislative committees, and drafting bills. We have helped countless clients obtain special legislation to address their unique needs or problems. . . Kennedy & Graven handles the entire development and redevelopment process, including matters such as: · Acquisition, conveyancing, and leasing, including condemnation where necessary · Environmental matters, including remediation of polluted sites and brownfields development · Public improvements, including contracts and financing . . . Kennedy & Graven And as bond and special finance counsel, Kennedy & Graven assists in all types of financing necessary to carry out development and redevelopment programs, including: · Tax increment bonds · Improvement bonds · Industrial development revenue bonds · Qualified 501 (c) (3) bonds · Loans · Property tax abatements C H ART ERE 0 . . EMPLOYMENT LAw . Kennedy & Graven is actively involved in the employment and personnel areas with both governmental and private clients. Our employment law counsel is distinguished by the advantage we have in combining ongoing representation of employers with our highly regarded litigation services. The firm offers counsel and preventative advice - for instance, on how to plan termination actions and draft personnel policies to reduce the risk of claims. . . Our attorneys provide a wide range of services related to: . Personnel policies/handbooks and affirmative action plans · Seminars and training on such employment matters as sexual harassment . Labor management issues, including grievances and arbitration . Analysis and evaluation of claims under the Minnesota Human Rights Act, the Age Discrimination in Employment Act, and Title 7 of the Civil Rights Act · Sexual harassment cases · Veterans' Preference Act cases · Advice on pay equity/comparable worth plans · Employment contracts and drug testing policies · Labor-management contracts · Matters relating to the Minnesota . . . . . Kennedy & Graven Government Data Practices Act and Americans with Disabilities Act (ADA) · Contract negotiations · Workers' compensation cases LITIGATION-RELATED SERVICES Members of the firm represent both employers and employees in federal and state courts, in arbitration, before the Minnesota Human Rights Department, the federal EEOC, the Minneapolis Commission on Civil Rights, the Commissioner of Veterans Affairs, and in informal negotiations. Cases have included: · Discrimination claims · Veterans' preference claims · Disability claims . Arbitration of discharge challenges · Challenges to employee selection procedures C H ART ERE 0 . . . . . . . . . . . REAL ESTATE LAw Attorneys at Kennedy & Graven provide a full range of services in the area of real estate law to both municipalities and private clients. Two of our attorneys are certified by the Minnesota Bar Association as Real Property Law Specialists, and two hold master's degrees in urban planning. Several of our attorneys have worked as city planners, land use planners, and zoning administrators. Others currendy serve or have served on city councils, planning commissions, or boards of zoning adjustments for cities. Representative clients include cities, commercial and residential developers, development authorities, buyers, sellers, construction companies, utilities and pipeline companies, and financial institutions. LOCAL GOVERNMENTS An essential element of our representation is advising the client on issues that governments face on a daily basis. Attorneys in our firm have extensive and long-term experience in such matters as: · Zoning · Land use · Comprehensive plan and subdivision Issues · Condemnation · Acquisitions · Tide issues, including establishing and clearing tide to land · Redevelopment contracts · Environmental and regulatory compliance PRIVATE CLIENTS Real estate attorneys also assist private clients in commercial and residential matters such as: · Acquisition and development · Sales · Financing Kennedy & Graven · Workouts · Leases · Tide matters · Subdivisions · Common ownership communities LITIGATION-RELATED SERVICES A significant part of the firm's litigation experience is related to real estate, including: · Tide disputes · Mortgage foreclosures · Contract for deed disputes · Enforcement of easements, licenses, purchase agreements, and other interests in real property · Claims of fraud and misrepresentation · Condemnation · Municipal land use decisions including challenges to zoning, conditional use permits, variances, land dedication, platting, access rights, regulation of group homes, and height restrictions. C H ART ERE 0 . ENVIRONMENTAL LAw . . Kennedy & Graven has extensive experience in the practice of environmental law through the representation of both public and private clients. One of our attorneys was formerly a special assistant attorney general for the Minnesota Pollution Control Agency. The firm has advised numerous clients regarding environmental laws, including Minnesota Environmental Rights Act (MERA), Minnesota Environmental Response Liability Act (MERLA), and Comprehensive Environmental Response Compensation and Liability Act (CERCLA) claims and regulation of landfIlls. Members of the firm have lobbied for legislative changes concerning environmental issues. Representative clients include cities, development and redevelopment authorities, counties, waste control commissions, business property owners, utility and pipeline companies, and citizen groups. . We represent clients on a wide variety of matters, including: . Wetland regulatory matters . Acquisition of contaminated real . Federal and state superfund litigation . estate . Litigation related to environmental . Response and remedial action for matters property owners . Brownfields development . Cost recovery actions for owners . Water resources management . Condemnation of contaminated . Feedlot regulations property . . . . Kennedy & Graven C H ART ERE 0 . . . . . . . . . . . GOVERNMENT RELATIONS AND ADMINISTRATIVE LAw Kennedy & Graven has had a distinguished legislative and administrative law practice for many years. We have extensive experience in drafting legislation and lobbying on behalf of clients at the state, regional, and local levels. Firm members serve as legislative counsel to numerous national and Minnesota corporations and businesses. Many of our attorneys have also served in government in both elected and appointed capacities, such as city councilmembers, development authority commissioners, and city and regional planners. We are familiar with the many complex questions that arise from tax increment financing and have represented numerous development authorities to obtain special legislation. Kennedy & Graven performed a key role in developing the following legislation: · Tax Increment Act · Municipal Housing Finance Act · Commercial rehabilitation law · Housing and Redevelopment Act · The Industrial Revenue Bond Act · "Mighty Ducks" Ice Arena Financing · Telecommunication and right-of-way legislation · Municipal Planning Act · Municipal finance legislation · Ordinance changes · Municipal utilities · Franchising of public utilities and cable television providers · Regulations and fees · Zoning and land use permits Attorneys provide client representation before city councils, county boards, and metropolitan and state government agencies on such matters as: · Contract letting and negotiation · Environmental issues · Licensing issues We also serve clients by: · Appearing before state legislative committees · Organizing and directing their legislative programs · Working with the Metropolitan Council and its staff · Appearing before local planning commissions and city councils · Drafting legislation · Speaking to civic organizations on the governmental process Kennedy & Graven C H ART ERE 0 . TELECOMMUNICATION AND PUBLIC UTILITY LAw . . Kennedy & Graven represent the Suburban Rate Authority (SRA), a joint powers organization consisting of forty-two Twin City suburban municipalities. The SRA regularly intervenes in rate cases before the Minnesota Public Utilities Commission, which involve Northern States Power, Minnegasco, and US West as parties. SRA members comprise over 950,000 residents and businesses. The SRA, through its representation by Kennedy & Graven attorneys, has participated successfully in numerous, significant rate issues in the utility area over the last twenty years. The firm also represents private end users on matters relating to telecommunications, gas, or electric service. One of our telecommunications attorneys currendy serves on a legislatively created task force recommending municipal right- of-way (ROW) standards for telecommunications use. . . Kennedy & Graven attorneys have broad experience regarding such issues as: · Utility rates · Utility rate design · Franchise negotiation · Use of the right-of-way by utility users The firm's significant experience in land use and utility matters has also created a depth of knowledge in the wireless telecommunications issues facing cities, such as: · Tower or antenna space leases with wireless providers on public property · Zoning of tower and antenna placement on private property . . . . Kennedy & Graven C H ART ERE D . . HOUSING LAw . Kennedy & Graven provides a wide spectrum of legal skills in both the financing and management areas of housing law. . . FINANCING Kennedy & Graven helps housing and redevelopment authorities, cities, and other entities throughout the state to acquire, construct, or rehabilitate senior and low to moderate income housing. As bond or special finance counsel, the firm has participated in a variety of financing: · Essential function bonds to finance publicly owned housing development projects · Multifamily housing revenue bonds · Qualified 501 (c) (3) bonds for senior housing and assisted living facilities · Housing improvement areas · Housing tax increment financing programs . . . MANAGEMENT The firm has extensive experience in representing and advising various housing and redevelopment authorities, economic development authorities, and cities throughout the state, as well as private . . Kennedy & Graven owners and property managers, in connection with: · Public housing · Section 8 housing · Private housing · Housing cooperatives The firm also provides clients with practical, knowledgeable representation regarding: · Lease negotiation and drafting · Grievance procedures for Section 8 and assisted housing · Due process hearing requirements for denial of admissions to public housing · Defense against discrimination and unfair housing claims · Defense against claims under the Americans with Disabilities Act · Lease termination and eviction proceedings · Sufficiency of admission procedures and criteria for public housing tenants, including disabled persons · General housing litigation C H ART ERE D . . REPRESENTATIVE CLIENT LIST . LOCAL GOVERNMENT CLIENTS . Cities (Serving as City Attorney) Brooklyn Park Brooklyn Center Cottage Grove Crystal Independence Kenyon Lauderdale Loretto Medina Mound Mounds View New Brighton Richfield Robbinsdale Rosemount Sandstone Shakopee Shorewood West Concord Special Units of Government Basset Creek Water Management Commission Hennepin Recycling Group (HRG) Lake Minnetonka Conservation District (LMCD) Local Government Information Systems (LOGIS) Minnesota Police Recruitment System (MPRS) Suburban Rate Authority (SRA) Lower Rum River Watershed District Shingle Creek Watershed Management Commission West Mississippi Watershed Management Commission . . . . . SPECIAL COUNSEL . (Including EDAs, HRAs, and Port Authorities) Albert Lea Belle Plaine Bloomington Brainerd Breckenridge Burnsville Caledonia Chanhassen Columbia Heights Dawson . . Grand Rapids Hopkins Isanti Lake City Lino Lakes Mankato Minneapolis Community Development Agency Monticello Minnetonka Mounds View Owatonna Red Wing St. Louis Park Virginia PUBLIC FINANCE . Ada Albertville Chis ago City Cokato Detroit Lakes Frankfort Grand Rapids Glencoe Itasca County Lindstrom Metropolitan Council Minnetonka Monticello Moose Lake North Mankato Park Rapids Tracy Zimmerman Underwriter's Counsel Transactional Dain Bosworth, Ine. Dougherty Summit Securities First Bank Investment Services Miller & Schroeder Financial Norwest Investment Services Piper Jaffray, Ine. U.S. Bancorp John G. Kinnard & CO. GOVERNMENT RELATIONS CLIENTS . Health Partners Noram Energy Management Corporation Houston Industries Knutson Construction Company Homestyles Publishing and Marketing Superior Services Kennedy & Graven . C H ART ERE D , i." lo, I .~ CITY COUNCIL AGENDA . JANUARY 11, 1999 PAGE 2 OF 2 6. CONSIDERATION OF A MOTION APPROVING AN ORDINANCE AMENDING MUNICIPAL CODE CHAPTER 201 . PLANNING COMMISSION (Att.-#6 Proposed Ordinance) 7 . CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION MAKING APPOINTMENTS TO COMMISSIONS (Att.-#7 Proposed Resolution) 8. CONSIDERA TION OF A MOTION TO ADOPT A RESOLUTION APPROVING 1999 TREE TRIMMERS LICENSES (Att.-#8 Proposed Resolution) 9. CONSIDERATION OF A MOTION ADOPTING A YEAR 2000 POLICY (Att.-#9 Proposed Policy) 10 . CONSIDERATION OF A REQUEST FROM THE CHIEF OF POLICE FOR $500.00 TOWARDS A SNOWMOBILE PURCHASE (Att.-#10 Memorandum) 11. DISCUSSION ON ISSUES AND GOALS FOR 1999 (Att.-#ll Administrator's Memorandum) 12. ADMINISTRATOR & STAFF REPORTS Staff Report on Development Monitoring 13. MAYOR & CITY COUNCIL REPORTS 14. ADJOURN TO EXECUTIVE SESSION SUBJECT TO APPROVAL OF CLAIMS (Att.-#14) .. , :r .. 'fc I.- I . t J ,'* lt1 . II "''' II::D SCtS"\~'- 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 Shorewood City Council Regular Meeting Monday, January 11,1999 ~ " The ceremony will be held immediately at 7:00 p.rn. to administer the Oath of Office to the newly elected officials (an Oath of Office had been administered on January 4 for the Council to hold an Executive Session). Immediately following the regular portion of the meeting, the Council will convene in Executive Session for continued discussion on evaluation of the Administrator's performance, ..~ - ,. ,..' Agenda Item #IB: The Mayor will review the agenda and ask if there are additions or deletions. Then the Council will approve the evening's agenda as changed. Agenda Item #ID: This resolution makes various appointments for the year 1999. Agenda Item #3A: Each year the City Council sits as the Board of Review to consider property appeals on value placed on property by the Assessor. The date recommended for the Board of Review meeting is the evening of Wednesday, April 7, 1999. If this date is not acceptable, this item should be removed from the consent calendar and discussed. . Agenda Item #3B: Sign Source, Inc., on behalf of the First State Bank located in the Waterford Shopping Center, is requesting a sign permit to replace the existing freestanding sign located in front of the bank. The proposed sign is well under the maximum size allowed and approval of the permit is recommended.- Agenda Item #6: This ordinance amendment makes two changes: 1) in May of 1998 the Council reduced the number on the Planning Commission to five members. This amendment increases the number again to seven members. 2) It makes the current appointees effective immediately, but terms will be changed to February 1 through January 31, or until vacancy is filled. Agenda Item #7: This resolution makes appointments to the Park and Planning Commission. The Commissions have not yet made recommendations to the Council on Chair and Vice Chair. Therefore, the Council might wish to leave those position appointments . vacant until recommendations come from the Commissions. n ~J PRINTED ON RECYCLED PAPER Agenda Item #8: This annual resolution approves tree trimmer's licenses for Aaspen Tree Service, TreeCare, and Seasons Tree Service. Agenda Item #9: Attached is the proposed Year 200 plan for the City of Shorewood, The Council is asked to adopt the policy, If there are questions or suggestions for improvement, feel free to offer input. We can make changes and bring it back to the Council. Agenda Item #10: Enclosed in the packet is a memorandum from Police Chief Bryan Litsey. Fundraising efforts to purchase a second snowmobile have run short. He is requesting each of the cities to donate $500.00 toward the purchase, Should the Council wish to make a contribution, the funds could come from the Equipment Replacement Fund, from which the funds for Shorewood's original snowmobile were taken, or from General Fund Contingency. Agenda Item # 11: An initial draft of potential issues for the year 1999 has been distributed to the City Council. This discussion should center on how Council will come to a consensus on a master list of issues and how they will be prioritized so that the entire .... team can emphasize the issues that are most important to the City Council. . It CITY OF SHOREWOOD RESOLUTION NO. 99-001 A RESOLUTION MAKING APPOINTMENTS TO CERTAIN OFFICES AND POSITIONS WITHIN THE CITY OF SHOREWOOD FOR THE YEAR 1999 WHEREAS, it has been the policy of the Shorewood City Council to make annual appointments to fill certain offices and positions within the City government at the beginning of each year. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: . . 1. That the following persons are appointed to the following offices and positions until the 1999 City Council organizational meeting: Acting Mayor: Councilmember Kristi Stover Council Representatives to: a. Park Commission Liaison: Scott Zerby b. Planning Commission Liaison: Christine Lizee c. Liquor Stores: John Garfunkel & Scott Zerby d. Minnehaha Creek Watershed District: Christine Lizee e. Lake Minnetonka Cable Commission: John Garfunkel f. Association of Metro Municipalities: Woody Love g. Coordinating Committee South Lake Minnetonka Public Safety Department: Woody Love h. Backup to Mayor on Coordinating Committee South Lake Minnetonka Public Safety Department: John Garfunkel I. Backup to Mayor on Excelsior Fire Department Special Review Committee: John Garfunkel Representatives to Affiliated Organizations: a. Lake Minnetonka Conservation District: Robert Rascop (Council appointed thru October 27, 1999) b. Lake Minnetonka Cable Commission: c. Minnetonka Community Services: Tad Shaw City Attorney: Tim Keane, Larkin, Hoffman, Daly & Lindgren, Ltd. City Prosecutor: Ken Potts Emergency Preparedness Director: SLMPSD Police Chief Bryan Litsey tF!D CITY OF SHOREWOOD RESOLUTION No. 99-001 Page Two: Annual Appointments 1999 Official Depositories: First State Bank of Excelsior, 4M Fund & other Depositures as necessary Official Newspaper: Sun Sailor (official publications shall simultaneously be published in the Laker to cover Enchanted and Shady Island residents) Weed Inspector: Mayor Woody Love Assistant Weed Inspectors: Charles Davis & Joe Lugowski 2. That the Blanket Bond (Official Bonds) is approved. 3. That such appointments shall take effect on the date hereof and shall continue. for the remainder of the year or until such time as a successor is appointed by the City Council. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 11th day of January, 1999. ATTEST: WOODY LOVE, MAYOR JAMES C. HURM, CITY ADMINISTRATOR , . . To: Mayor and City Council James C. Hurm, City Administrator Teri Naab, Executive Secretary / Deputy Clerk From: Date: January 6, 1999 Re: Council Appointments . Lake Minnetonka Conservation District: The City Council is asked to consider appointing a representative to the LMCD Board for a three year term. This term commences on the fourth Wednesday of October in the year of appointment. Bob Rascop has been appointed to this position and his term will expire on October 27, 1999 of this year, at which time reappointment should be considered. The representative does not continue as appointed after the term has expired, but rather the LMCD Board considers this situation to be a vacancy. Minnetonka Community Education Services: The City Council makes an annual appointment of a representative to the MCES Board. The MCES Board does not place any restrictions on when appointments are made or for how long. . DEEPHAVEN EXCELSIOR GREENWOOD INDEPENDENCE LONG UU<E MEDINA MINNETONKA BEACH L~e;,e;, lAKE MINNETONKA COMMUNICATIONS COMMISSION 540 SECOND STREET. P.O. BOX 473. EXCELSIOR, MN 55331-0473 612.474-5539 · FAX 612.474-0430 December 5, 1998 James Hurm, City Administrator City of Shorewood 5755 Country Club Road Shorewood, MN 55331 rU -, '/ Dear Mr. Hurm; Aswe approach the end of the 1998 year, we want to remind you that the current year for all Commissioners serving on the Lake Minnetonka Communications Commission (LMCC) will expire at the end of January 1999. . According to the Joint Powers Agreement in Section V sub..section 1, the cities are to submit written notice of their appointments or re..appointments for the upcoming year. (please note that the Joint Powers Agreement states that at least one of the two full LMCC Commissioners must be a present member of your city council). This official written notice, directed to the Secretary of the LMCC, is to include the name, mailing address and home/office telephone numbers for each appointee. A fax number, if available, would be appreciated. This written notice should be received by the LMCC no later than January 31, 1999. MINNETRISTA As the LMCC continues to deal with the challenges of regulating "basic" cable rates, and advancing our community involvement in new technology, we expect 1999 to be a busy ORONO year. I mention this to reinforce Chairman Pattrin's wish for active and involved Commissioners to represent the residents of our fifteen cities. ST. BONIFACIUS SHOREWOOD SPRING PARK TONKA BAY VICTORIA WOODLAND . If you have any questions regarding this process, please call Ann Thies, the Administrator, at the LMCC office at 474..5539. Sincerely, Lake Minnetonka Communications Commission t~fI U Colleen Krisko Secretary of the LMCC "A LAKE MINNETONKA COMMUNICATIONS COMMISSION MEETING ATTENDANCE RECAP FOR 1998 Community 1998 Meetings 1998 Meetings Executive Committee Represented Committed To Attended Tim Pattrin. Chair Orono 12 12 Dennis Stanga, Vice..Chr Deephaven 12 10 Colleen Krisko, Treasurer St. Bonifacius 12 9 James Benson, Secretary Long Lake 12 11 James O/ds, At Larfe Excelsior 12 11 Ann Duff, At Large Woodland 7 7 Bob Anderson 2 Tonka Bay 10 9 Ann Thies 3 Medina 5 4 Full Commission Dale Moe (cc) Deephaven 4 3 Tom Gilman (cc) Excelsior 4 0 . David Stahr (alt) Excelsior * 0 Karen Hessian (cc) Greenwood 4 0 Miles Canning Greenwood 4 1 George Fraser (cc) Independence 4 1 James Smith (cc) Independence 4 3 Georgia Danielson (cc) Long Lake 4 I John Hamilton (cc) Medina 4 3 Bruce Palmer (cc) Minnetonka Beach 4 0 Leonard D. Mackinnon Minnetonka Beach 4 4 Bobbi Abdo (alt) Minnetonka Beach * 3 Delores Jeanetta (cc) Minnetrista 4 2 Robert 1. Beck Minnetrista 4 3 Gabriel Jabbour (cc) Orono 4 0 Frederick Blanch (alt) Orono * 5 . Andrew Weinzierl, Jr. (cc) St. Bonifacius 4 3 John Weinand (cc) (alt) St. Bonifacius * 1 John Garfunkel (cc) Shorewood 4 1 Jeffrey Foust Shorewood 4 2 Richard Dietz (cc) (alt) Spring Park * 1 Bruce Williamson (cc) Spring Park .4 3 Tom Scanlon Spring Park 4 2 Judd Mowry (cc) TonkaBay 4 4 Jerry Bohn (cc) Victoria 4 2 DuffEUeby (cc) Woodland 4 1 (cc) city council member *(alt) alternate member 1 new commissioner 3/98, executive committee 7/98 2resigned 11/1/98 3resigned 6/1/98 C:\Comm Attendlmce\Recap Attendance 1l To: Mayor and City Council /1) James C. Hunn, City AdminislratOr h- January 7, 1999 tj Official Newspaper From: Date: Re: Star Tribune rates for publication of legal notices. The specifics are as follows: · Legals - Classified Section 203 · Hardcover must be faxed or mailed 2 days in advance · Notice must run 2 consecutive days . · $3.13/1ine (either Metro or State-wide) NOTE: The City of Minneapolis appoints Finance & Commerce as their official newspaper. When asked why, they replied that the Star Tribune publishes all notices State-wide, and therefore the cost would be too high so they do not even bid. Lakeshore Weekly News: · Distributed at stores all around Lake Minnetonka · Free pickup - no delivery · Circulation: Shorewoodffonka Bay # left for pickup 1,000 Subscriptions ($28/yr) 4 · $1.25/1ine; $.70/line subsequent publications Excelsior 2,300 14 Sun/Sailor: Has ShorewoodlExcelsior and Wayzata editions. Nothing in the mound area. · Can be purchased at Snyder Drug at Highway 41 and 7 for $.75 · Circulation: ShorewoodlGreenwood Tonka Bay Excelsior Carrier Delivered 2,650 400 1,900 · $14.30/inch ($1.30/line); $7.15/inch subsequent publications (Sells Wayzata paper in Mound) The Laker: · Home delivered by private service (Westonka School District) · $7.19/inch ($.66/1ine), $5.14/ inch subsequent publications Other Cities: Tonka Bay Excelsior Greenwood Deephaven Minnetrista Mound . Sun/Sailor Sun/Sailor Lakeshore Weekly Lakeshore Weekly Laker Laker #3 r W MINNESOTA SUN PUBLICATIONS Sun-Current Sun-Post Sun-Sailor December 18, 1998 Ms. Teri Naab City of Shorewood 5755 Country Club Road """',.......-11.._,.,..:' ..~~J ec"''''''' "':111..1.1 C;yy,",\.J\.A, iVII" ..J..J"" I . Dear Ms. Naab: The Excelsior/Shorewood Sun-Sailor would like to be considered for designation as the legal newspaper for the City of Shorewood for the year 1999. Lionheart Newspapers, Inc., new owners of Sun Newspapers, bring a wealth of experience as well as a strong commitment to community newspapers. The first and most obvious improve- ment is the :-elocation of the corporate office to Eden Prairie (and the Bloomington news office to Glenroy Road) effective December 21 st. We look forward to. 1999 being an exciting year full of new opportunities. The rate structure for legal effective January 1, 1999 will be: 1 column width $14.30 per inch for first insertion $ 7.15 per inch for subsequent insertions There are 11 lines per inch. . Notarized affidavits on each of your publications will be provided with no additional charge. The deadline for regular length notices is 2:00 pm the Wednesday prior to publication; notices that are six pages or more deadline an extra 24 hours in advance. If you require more information to make your decision, please contact myself or Meridel Hedblom, our Legal Representative, at 392-6880. Thank you for considering the Sun-Sailor as the official newspaper for the City of Shorewood in 1999. We appreciate the opportunity to serve the needs of your community. Frank Chilinski Publisher 7831 East Bush Lake Road · Bloomington, MN 55439 · (612) 896-4700 Lal~~re News Community Journal of the XeSf ~Ullurtlan LoIICes ATe' t 18178 Minnetonka Boulevard Wayzata, Minnesota 55391 612-473-0890 Fax: 612-473-0895 December 11, 1998 City of Shorewood City Council 5755 Country Club Rd. Shorewood, MN 55331 Dear City Council Members: Thank you for the opportunity to bid 1999 legal notices for the City of Shorewood. . Legal Notice rates for 1999: 1.25 per line, first insertion .70 per line on ads that require more than one insertion. (Bid based on one column width) Lakeshore Weekly News will publish your legal notices on Thursday the same week as executed by the City Council if we receive your notice by Tuesday at 5 p.m. We will automatically deduct 10 percent from your lineage cost if you fax and e-mail the legal notices you wish to have published. . Invoices are sent on a monthly basis and two notarized affidavits of each notice of publication will accompany your statement. I appreciate your thoughtful consideration of our legal notice bid for 1999. Please call with any questions. Sincerely, ~.' - Il . /ttuiJ~v Amy Cicchese Assistant Editor :0 CITY OF SHOREWOOD CITY COUNCIL MEETING MONDAY, DECEMBER 21, 1998 CITY COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. 1. MINUTES CONVENE CITY COUNCIL MEETING ~RAfFT Mayor Dahlberg called the meeting to order at 7:00 p.m. A. Roll Call Present: Mayor Dahlberg; Councilmembers Champa, O'Neill, and Garfunkel; Administrator Jim Hurm; City Attorney John Dean; and Engineer Larry Brown. Absent: Councilmember Stover B. Review Agenda . Mayor Dahlberg read the Agenda for December 21, 1998. The agenda was accepted as presented. 2 . APPROVAL OF MINUTES A. City Council Regular Meeting Minutes - December 14, 1998 Champa moved, Garfunkel seconded to approve the City Council Regular Meeting Minutes of December 14, 1998, as presented. The motion passed 4/0. B . City Council Executive Session Meeting Minutes - December 14, 1998 Dahlberg moved, O'Neill seconded to approve the City Council Executive Session Meeting Minutes of December 14, 1998, as presented. The motion passed 4/0. 3. CONSENT AGENDA . Garfunkel moved, Champa seconded approving the Motions contained on the Consent Agenda as presented, and Adopting the Resolutions therein: A. A Motion to Adopt RESOLUTION #98-113 "Requesting Extension for Submittal of Comprehensive Plan" Administrator Hurm pointed out that the Resolution reads ''till June 1 st, 1999" and should be "till June 30, 1999." B . A Motion Approving an Extension of Agreement for Recording Services c. A Motion to Approve an Employment Agreement with the City Administrator for the Year 1999 D. A Motion to Approve an Agreement for Animal Control Services for 1999 with the City of Orono ;FzA, .. CITY COUNCIL REGULAR MEETING MINUTES DECEMBER 21, 1998 - PAGE 2 E. A Motion to Approve an Agreement for Boarding Services for 199 with Paws, Claws and Hooves F. A Motion to Adopt RESOLUTION #98-114 "Approving 1999 Refuse Haulers' Licenses" G. A Motion to Adopt RESOLUTION #98-115 "Approving 1999 Tree Trimmers' Licenses" Motion passed 4/0. 4. MATTERS FROM THE FLOOR There were none at this time. 5 . PARKS . Report by Representative There was no Parks report for this meeting. 6. PLANNING . Report by Representative . Commissioner Collins reported on the December 15, 1999 Planning Commission meeting as reported in the minutes, with major issues being the Public Hearings regarding the Comprehensive Plan and Elderly Housing. 7 . CONSIDERA TION OF A MOTION HONORING RETIRING POLICE CHIEF O'Neill moved, Champa seconded Adopting RESOLUTION #98-116 "Honoring retiring Police Chief Rick Young." Motion passed 4/0. 8 . CONSIDERATION OF A MOTION REGARDING HEALTH INSURANCE CONTRIBUTION Administrator Hurm explained an amendment to Resolution # 98-111 to increase the City's insurance contribution. A part of the change is that employees can now opt out of the plan. This . will be the fIrst time this option is available. O'Neill moved, Garfunkel seconded Adopting RESOLUTION # 98-117 "Regarding Health Insurance Contribution." Motion passed 4/0. 9. ADMINISTRATOR & STAFF REPORTS A . Staff Report on Development Monitoring Engineer Brown reported that there has been very little activity. B. Administrator's Report on Amendment to Final 1999.2003 Capital Improvement Program Document Administrator Hurm reported that the revised charts should be inserted into the Capital Improvement Program Document. The charts replace fIrst drafts, that were inadvertently included in the final document. . . .. CITY COUNCIL REGULAR MEETING MINUTES DECEMBER 21, 1998 . PAGE 3 Engineer Brown reported that it would likely be New Years before ice skating rinks will be ready, depending on the weather. 10. MA YOR AND CITY COUNCIL REPORTS Garfunkel thanked the City Councilmembers for all their hard work and dedication and stated he hopes that the former members of the Council will stay active in the community in the future. Mayor Dahlberg thanked the Councilmembers for their hard work, dedication, and a job well done. He also thanked the citizens of Shorewood for their interest in the community, and involvement in the City. 11. ADJOURNMENT O'Neill moved, Champa seconded to adjourn the regular meeting at 7:20 p.m. subject to approval of claims. . Motion passed 4/0. RESPECTFULL Y SUBMITTED, Kristine Kitzman, Recording Secretary TimeSaver Off-Site Secretarial, Inc. ATTEST: WOODY LOVE, MAYOR JAMES C. HURM, CITY ADMINISTRATOR . . CITY OF SHOREWOOD CITY COUNCIL SPECIAL MEETING MONDAY, JANUARY 4, 1999 CITY COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 6:00 P.M. MINUTES Administrator Hurm administered the Oath of Office to the newly elected Mayor and Councilmembers. Those taking the Oath were: Woody Love for a two year term as Mayor; Christine Lizee for a four year term as Councilmember; and Scott Zerby for a four year term as Councilmember. 1 . CONVENE CITY COUNCIL EXECUTIVE SESSION o RAf1 Mayor Love called the Executive Session to order at 6: 17 p.m. A. Roll Call Present: Mayor Love; Councilmembers Stover, Garfunkel, Lizee and Zerby; Administrator Jim Hurm; City Attorneys John Dean City Attorney John Dean and Attorneys George Hoff, Joe Young, and Bob Alsop reported on the status of litigation between the City and Eaglecrest, Cabalka, Ryan Construction, Perkins Construction, Southshore Center, Ron Johnson and Lundgren Brothers - Marsh Pointe. No action was taken at this time. Mayor Love adjourned the Special Meeting at 9:04 p.m. ATTEST: WOODY LOVE, MAYOR JAMES C. HURM, CITY ADMINISTRATOR ~Z8 .~ .~ ~Memo ...... To: James C. Hurm, Shorewood City Clerk From: Thomas May, Hennepin County Assessor Date: December 14,1998 Re: 1999 Local. Board of Review Dates . Wednesday Day of the Week April 7. 1999 Date Minnesota Law requires that I, as County Assessor, set the date for your Local Board of Review Meeting. After reviewing previous meeting days and your suggestions of last year, the above date was selected. I sincerely hope that it is agreeable with your council. As there must be a quorum, I would suggest that an informal review of your members with a request that they mark their calendars would be appropriate. Please confirm the date set out or call Bill Effertz at 348~3388 with your alternative date by January 15, so that our printing order can be completed on time. We suggest starting times of 6:30, 7:00 or 7:30 p.m., but will discuss it with you if you wish a different time. . Your early completion and return of the attached tear off trip will be appreciated and we will send your official notice for posting as required by law. Please return to JoDee Nelson, A~2103 Government Center, Minneapolis, MN 55487 ------------------------------------------------------------------------------------------------------------------------------------- CONFIRMATION Municipality: Date: Time: Place: For selecting meeting dates m future years, the following information will be helpful $38 . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (612) 474-3236 FAX (612) 474-0128. www.state.net/shorewood . cityhall@shorewood.state.net MEMORANDUM TO: FROM: DATE: Mayor and City Council Brad Nielsen 7 January 1999 RE: Sign Permit - First State Bank FILE NO. Property - 19765 State Highway 7 . Sign Source, Inc. has requested a sign permit for the above-referenced property, just west of the Waterford Shopping Center on Highway 7. They propose to replace the existing freestanding sign located in front of the bank with the one shown on Exhibit A. The Zoning Code allows commercial buildings to have as many as three business signs, totaling 10 percent of the building silhouette as viewed from the street. Only one freestanding or pylon type sign is allowed. . The applicant proposes only freestanding sign. The existing exit and directional signs do not count against the allowable signage. The total silhouette of the bank building is 7179, which would allow as much as 718 square feet of signage. The proposed sign contains approximately 113.5 square feet of area, well under the total allowed. It should be noted that only one side of this type of sign is counted. Based on the preceding approval of the permit is recommended. cc: Jim Hurm Sign Source, Inc. n '-.1 PRINTED ON RECYCLED PAPER .$F3B -------.---.._ _~._ '_.4~__'.__,__.~____" EXISTING BASE SCALE: Not to Scale CREATIVE SOLUTION. 10' -011 BANK NAME t. aw.~...b \t. 3'x7' ~,~~ F u&. CONTACT: randy PROJECT: beacon bank FILE NAME: beacon2 DRAWN BY: rhh DATE: 12/14/98 RE\I: 7801 Par rive Chanhassen, MN 55317 l 4' - 3.511 ]'-011 3' -011 J 14'-3.511 This drawing is the property of Sign Source, Inc. and may not be used, reproduced or disclosed without written authorization. (612) 474-9114 (fax) 474-7553 ... CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, DECEMBER 15, 1998 CITY COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES CALL TO ORDER Chair Borkon called the meeting to order at 7:02 p.m. ROLL CALL Present: Chair Borkon; Commissioners Anderson, Bailey, Callies, and Collins; Council Liaison O'Neill; and Planning Director Nielsen. . APPROVAL OF MINUTES A. Planning Commission Minutes - November 17, 1998 Anderson moved, Bailey seconded approving the Planning Commission Minutes of November 17, 1998, amended as follows: Page 2, Paragraph 1, ''It was recommended to accept these as non-conforming structures." Page 2, Paragraph 5, "...and parking of RV's would be inappropriate in the neighborhoods." Motion passed 5/0. B. Planning Commission Minutes - December 1, 1998 . Anderson moved, Bailey seconded approving the Planning Commission Minutes of December 1, 1998, amended as follows: Page 2, Paragraph 3, "Make the intersection a 'Tee' Intersection." Page 2, Paragraph 9, A...and more information reeardim! the cost of the project to the City as well as the fundine for Smithtown Road.".. Motion passed 5/0. 1. 7:00 PUBLIC HEARING - REVISIONS TO LAND USE CHAPTER OF THE COMPREHENSIVE PLAN Planning Director Nielsen reviewed the revisions to the Land Use Chapter of the Comprehensive Plan, and highlighted the significant changes in the proposed land use, also discussing land conservation and open space issues that face Shorewood. Chair Borkon opened the Public Hearing at 7:30 p.m. Bud Koch, 22845 Murray St., expressed concern regarding the de-emphasis on clustering and plan unit development. Mr. Koch pointed out that only 10% of land is left to develop in Shorewood. This causes some concern regarding the availability of space for affordable housing. Mr. Koch also believes that the City being involved in open space is restrictive to building affordable housing by restricting potential open space for development. #5 .",. PLANNING COMMISSION MINUTES DECEMBER 15,1998 - PAGE 2 Dennis Snyder, 5?85 Eureka Road, stated that he is not against development, but is against high density development, especially in areaS where there is not existing high density neighborhoods. Commissioner Callies stated that since issue #2 is directly related to this discussion, perhaps the public hearings should be combined because one recommendation cannot be made on one issue and not on the other. Chair Borkon agreed, and public discussion will overlap, but votes will be taken on the issues separately. 2. 7:30 P.M. PUBLIC HEARING - AMENDMENT OF SECTION 1201.03 SUBD. 20 OF THE ZONING CODE RELATIVE TO ELDERLY HOUSING Planning Director Nielsen reviewed the Amendment of Section 1201.03, Subd. 20 of the Zoning Code relative to Elderly Housing. Nielsen reviewed the current ordinance, and the problems with . it, as seen by the Council. The suggestion was made to delete this section, and add a different approach to senior housing such as specific zoning, or public hearings on specific properties for senior housing development. Nielsen pointed out that removing this section does not eliminate senior housing projects. However, it does cut down on available area for senior housing. Commissioner Anderson then expressed concern about looking at an individual chapter of the Comprehensive Plan when there is a lot of interaction in all parts of the Plan. Chair Borkon opened the public hearing at 8:07 p.m. Shirley Wagner, 25720 Highway 7, also stated she feels this issue is being railroaded, and pushed through without enough time or notice given to the public. Mayor-Elect Woody Love, 5460 Teal Circle, asked the Planning Commission to consider bringing this issue to public hearing, along with the rest of the Comprehensive Plan, rather than as a separate issue. Commissioner Collins then pointed out that in the past, the whole Comprehensive Plan was addressed, and there had been complaints that there was too much information being thrust at the -. ; PLANNING COMMISSION MINUTES DECEMBER 15, 1998 - PAGE 3 public at one time. That is why the Comprehensive Plan was "broken down" this year into separate issues. Not hearing any further public testimony, Chair Borkon closed the public hearing for the Land Use Chapter of the Comprehensive Plan, at 8:45 p.m. Collins moved, Bailey seconded, to accept the Revisions to the Land Use Chapter of the Comprehensive Plan. No vote was taken. Bailey moved, Anderson seconded, to table the motion to accept the Revisions to Land Use Chapter of the Comprehensive Plan. Motion passed 4/1 (Collins opposed). . Hearing no further public testimony, Chair Borkon closed the public hearing on the Amendment of Section 1201.03, Subd. 20 of the Zoning Code Relative to Elderly Housing, at 8:50 p.m. Callies moved, Anderson seconded to deny the proposed Amendment of Section 1201.03, Subd. 20 of the Zoning Code Relative to Elderly Housing. No vote was taken. Anderson moved, Bailey seconded, to table the motion to deny the proposed Amendment of Section 1201.03, Subd. 20 of the Zoning Code Relative to Elderly Housing. Motion passed 3/2 (Callies & Collins opposed). 3. MATTERS FROM THE FLOOR There were none at this time. 4. REPORTS . Commissioner Anderson requested information on the lighting issues at the Mini-storage. Planning Director Nielsen stated that he has discussed hoods for lighting, turning off floodlights at certain times at night, and other ways to correct the problems. A letter citing specific violations will be sent this week to the owners of the Mini-storage, and Nielsen expects cooperation from them on this matter. Commissioner Anderson then mentioned a new sign, near where Pelican Car Company is located, and wondered if this sign is within code. Nielsen replied that there is no permit for such a sign, and staff will look into this matter. Chair Borkon then noted the letters from Laura Turgeon and Kristi Stover, and would like them submitted for review. Commissioner Collins stated he viewed tonight's proceedings as political maneuvering, and inappropriate. Collins stated he would have liked to see some decision be made. PLANNING COMMISSION MINUTES DECEMBER 15, 1998 - PAGE 4 Commissioners Bailey and Callies disagreed, as both felt that the public did have their points to make. In particular the timing of these discussions. The public simply does not have the time during the holiday season to give these issues the attention that is needed. 5. ADJOURNMENT Collins moved, Anderson seconded adjourning the meeting at 9:00 p.m. Motion passed 5/0. RESPECTFULLY SUBMITTED. Kristine Kitzman, Recording Secretary TimeSaver Off-Site Secretarial, Inc. , l- t . . CITY OF SHOREWOOD ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 201 OF THE SHOREWOOD CODE OF ORDINANCES THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS AS FOLLOWS: Section 1. Section 201.02 of the Shorewood Code of Ordinances is amended to read as follows: 201.02: COMPOSITION: The Planning Commission shall consist of ffi<e. seven members appointed by the City Council. It shall be the policy of the City to endeavor to appoint one of the Commission members who is a resident of Enchanted Island or Shady Island. Section2. Section 201.03 of the Shorewood Code of Ordinances is amended by amending Subdivision 1 thereof to read as follows: . SuM. 1. Term of .^..ppointmeRt. ..^JI e~dstiRg terms of aPf)ointmeflt will term.iaate effective June 12, 1998. Not later iliafl that date, ilie Council shall appoint the five memBers of the Planning Commission 'lIROSe terms shall commeRce JHne 13, 1998. The initial aPf)ointment shall Be for staggered terms: oae 1:lHtil December 31, 1998; two until December 31, 1999; aRd two HRtil December 31, 2000. Thereafter, except for appointmeRts to fiR vacaRcies in I:lFlexpiFeEl terms, all appointmeRts shall be for three years terms. 1\11 appointmeRts shall be made by resolution and the resolutioR makiag the initial aPf)ointfFleBts will specify the term of each appointee. Except for the initial appointment, the terms of aPf)OiRtm6Rts commence OR JaFl1:lary 1 aRd terminate OR December 31, or until vacancy is filled (Ord. 336, 5 2(j 98). Subd. 1. Term of Appointment. The City Council shall by resolution appoint the Planning Commissioners to serve three (3) year terms and the terms shall be staggered. All appointments shall be made by resolution. Terms of appointment commence on February 1 and terminate on January 31, or until vacancy is filled. Exception: Those appointments made in January, 1999 shall be effective immediately upon passage of the appointment resolution. . Section 3. 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 11th day of January, 1999. ATTEST: WOODY LOVE, MAYOR JAMES C. HURM, CITY ADMINISTRATOR #(p CITY OF SHOREWOOD RESOLUTION NO. 99- A RESOLUTION MAKING COMMISSION APPOINTMENTS WHEREAS, the City of Shorewood has advertised for Shorewood citizens to apply to serve on the Planning Commission and Park Commission; and WHEREAS, the City Council did complete a review and selection procedure for appointment to said commission. NOW, THEREFORE BE IT RESOLVED THAT the City Council of the City of Shorewood hereby makes the following appointments to the Planning Commission effective immediately with term expiration as indicated: . Planning Commission: Member 1. Donna Woodruff 2. Laura Turgeon 3. Tom Skramstad Term 2001 2001 2001 Said appointments complete the seven member Planning Commission which consists of the following additional members: Member 1. Neil Anderson 2. Patrick Collins 3. Paula Callies 4. Jeff Bailey Term 1999 1999 2000 2000 . BE IT FURTHER RESOLVED THAT the City Council of the City of Shorewood hereby makes the following appointments to the Park Commission effective immediately with term expiration as indicated: Park Commission: Member 1. Mary Bensman 2. Ken Dallman Term 2001 2001 Said appointments complete the seven member Park Commission which consists of the following additional members: Member 1. Pat Arnst 2. William Colopoulos, Jr. 3. Dan Puzak 4. Mark Themig 5. Chuck Cochran Term 1999 1999 2000 2000 2000 ~7 Resolution No. 99- Page 2 of 2 BE IT FINALLY RESOLVED THAT that the City Council shall make the following Commission position appointments for the year 1999: Planning Commission: Chairperson Vice Chairperson Park Commission: Chairperson Vice Chairperson ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 11th day of January 1999. . ATTEST: WOODY LOVE, MAYOR JAMES C. HURM, CITY ADMINISTRATOR . . . CITY OF SHOREWOOD RESOLUTION NO. 99- A RESOLUTION APPROVING LICENSES FOR TREE TRIMMERS WHEREAS, the Shorewood City Code Section 305 provides for the annual licensing of tree trimmers in the City; and WHEREAS, said Section provides that an applicant submit a letter of intent and fulfill certain requirements concerning insurance coverage and pay licensing fee; and WHEREAS, the following applicants have satisfactorily completed this process and have submitted the requirements for the issuance of a License for Tree Trimmers. NOW, THEREFORE BE IT RESOLVED by the City Council of Shorewood as follows: That a License for Tree Trimming be issued for a term from January 1, 1999 to December 31, 1999, to the following applicants: Permit # Firm Name Address 99-018 Aaspen Tree Service 970 West Wayzata Blvd Wayzata, MN 55391 99-019 TreeCare P.O. Box 358 Shorewood, MN 55331 99-020 Four Seasons Tree Service 32 10th Ave S, St 213 Hopkins, MN 55353 ADOPTED by the City Council of the City of Shorewood this 11th day of January, 1999. ATTEST: ATTEST: WOODY LOVE, MAYOR JAMES C. HURM, CITY ADMINISTRATOR #8 , I. . . City of Shorewood Planning For the Future Year 2000 DRAFT . :fCf POLICY STATEMENT The City of Shorewood is aware of the importance of determining and fixing the impact of the Y2k problem on City services. City staff shall make every effort possible to identify mission critical systems and implement and test fixes to these systems. Services of lesser importance, but still impacted, will be identified and the City shall have a contingency plan should failure in these areas occur. All departments of the City shall work under the guidance of the City's Y2k plan. OVERVIEW OF PLAN I. Organization of City efforts II. Inventory systems III. Assessment and vendor contact IV. Test for compliance & fixes V. Prepare contingency plans VI. Liability & Contracts VII. Communication I.. Organization of City Efforts The City shall designate a team to assess and implement corrections for the Y2k problem. The team shall consist of: Team member duties include: · Prepare a list of city functions, prioritizing by how critical they are to protecting public health and safety. · Assigning responsibility in each department for determining and resolving Y2k problems to all critical systems. · Establish and monitor timetables with regard to City's Y2k comprehensive plan. · Report to the City Council on a quarterly basis on the progress of the City's efforts with regard to Y2k issues. Types of Equipment and Processes Susceptible to Y2k: Firmware Hardware Software Contracted Services Interfaces \ . . . . . II. Inventory systems Sample Y2k Inventory Tool Department: Name & Title: Date: List any Y2k suspect computer hardware, software applications, equipment or systems that may have embedded chips, service providers and interfaces with other units of government, financial institutions, etc. 2 J./ City Equipment / Systems to Check for Y2k Compliance This is not a complete inventory, but a guideline. Some equipment is multi-departmental. Office Equipment: Equipment computer systems (i.e. mobile Telephone system generators, mobile pumping equip., Voice mail system construction equip., maintenance and line Answering machine cleaning equip.) Fax machine Wastewater line televising equipment Photocopier Contingent system or functions Duplicator Two way radio system Scanner Printers Video equipment Postage scale Personal computers Wireless communication systems (cell phones, pagers) Postage meter Emergency Response: Emergency response and dispatch systems GPS systems EMT medical equipment breathalyser criminal records system offender information system vehicles and fire trucks two-way radio systems wireless communication systems radar systems security systems motion detectors surveillance cameras fuel dispensing systems Public Works: Traffic control systems Floodlstormwater control systems. Electronic scales Meters Water meter reading handhelds Street maintenance systems GIS systems Street lighting Sprinkler/fountain systems Fuel dispensing systems (i.e. gas pumps) Pump controller systems Chlorine injection or other effluent disinfecting system Lift station pump controllers Telemetry systems Vehicle computer systems Building/Inspections: Electrical generation/distribution Building security systems Emergency system (i.e. power generators, lights, air chemical heating, ventilation, air conditioning) Furnace Hot water heater . Finance: Utility billing system Revenue tracking systems Financial accounting systems Purchasing systems Tax collections Payroll Computer Resources: Modems Switches File server Disk controllers and drivers Backup hardware and software Print servers Repeaters UPS Hubs CD-ROM writer . Software: Operating system Desktop applications Graphics software OCR Virus scanning Network operating Network management Client/server Imaging Office 3 Liquor Stores: Cash registers Bar code scanners Building security Interfaces: Banks Other governmental agencies Billing Dispatch Service Providers: Internet Service Provider . . Banks Bonding fIrms Legal fIrms Appraisal companies Maintenance companies Trash collection companies Electric utilities Insurance providers Telecommunications companies Cable company Assessing provider Water maintenance provider 4 III. Assessment and Vendor Contact This phase of the plan involves working with the list of suspected Y2k non-compliance equipment and services, to gather more information on the system or equipment. In the assessment phase, all equipment and services suspected should be categorized according to their critical or non-critical nature. Listed below are the four categories that should be used: Critical - A system or piece of equipment, which if it failed or malfunctioned, would endanger public health or safety. Possible examples: 911 dispatch, delivery of drinking water, and handling of wastewater. Severe: A system or piece of equipment which, if it failed or malfunctioned, would have a concentrated impact on a particular city operation and would likely cause major problems within that operation. The failure or malfunction could have an impact on public health or safety, but won't necessarily cause immediate danger. Possible examples: telephone system, and traffic control systems. Sustainable: A system or piece of equipment which, if it failed or malfunctioned, would result I widespread or concentrated interruptions in the City's operations. Such failure or malfunction could be overcome by "work arounds" pending the repair of the system. Incremental costs would result and the cost to restore the system could be scheduled over time. Possible examples: street lighting, security systems and payroll. Inconvenient: A system or piece of equipment which, if it failed or malfunctioned, would result in widespread or concentrated interruptions in the City's operations, which could e overcome by "work arounds" or possible inaction for a period of time. Possible examples: elevators, credit cards, and pagers. Priorities for the City should be those categorized as Critical and Severe. . . 5 III. Assessment and vendor contact Vendors: All vendors and manufacturers should be asked to provide evidence demonstrating that their products and solutions have been adequately tested for Y2k compliance. Written requests should be sent to vendors asking that software be made Y2k compliance at the vendor's own cost under the long-term maintenance agreement. They should also be asked to provide the City with testing procedures. City staff should also identify any contract associated with Y2k suspect equipment or systems. The City Attorney shall review these contracts and determine if the terms of the agreement will be violated if an outside consultant is brought in to test for and fix the Y2k compliance issue. Service Providers: . Any organization providing services to the City should be asked to submit written documentation that they are Y2k compliant. However, some vendors may be unwilling to supply a written confirmation of compliance due to legal ramifications. Staff shall retain any response from the vendor or service provider, and the appropriate data shall be transferred to the Y2k Assessment Worksheet. These providers should include, but are not limited to: electricity and gas suppliers, communications providers, and financial institutions, insurance providers. (sample letter attached). It may be best to meet face-to-face with some providers, such as Hennepin County Dispatch, to address this issue. . 6 v . Test for compliance & Implement Fixes Fixes & Testing: The City shall have three options in addressing equipment and systems found not to be in compliance with Y2k: · Repair the noncompliant component; . Replace the unit; and . Abandon the system. The Y2k team should examine each non-compliant unit or system, determine the best option, establish timeframes for conversion or replacement of critical systems, and determine what resources will be needed. Testing should begin with the most critical units and systems. Any critical unit or system that will not be tested due to time constraints should have a contingency plan developed for it. If time allows, testing should be done on the other three categories (i.e. severe, . sustainable, and inconvenient). Because testing may render equipment useless, a proper backup of all data must be made and a contingency plan be prepared. Testing of all equipment and systems should be documented (form provided). VI. Prepare contingency plans Because outcomes of the Y2k compliance issue are still unknown, contingency plans should be prepared for every suspected piece of equipment and system. This plan should describe the course of action the City will take should the equipment or system fail due to the Y2k issue. The City should consider inclusion of the Y2k issue and associated problems within the City's Emergency Preparedness plan, making sure that a director is named, and team members identified to address any critical problem that may arise. A sample template of a contingency plan is attached. The State of Minnesota recommends the following points be included in each contingency plan: 1 . Objective of the plan 2. Criteria for invoking the plan 3 . Expected life of the plan 4. Roles, responsibilities and authority 5. Procedures for invoking contingency mode 6. Procedures for operating in contingency mode 7. Resource plan for operating in contingency mode 8. Criteria for returning to normal operating mode 9. Procedures for returning to normal operating mode 10. Procedures for recovering lost or damaged data 11. Estimated cost of the plan 12. Post contingency plan 13. Testing of contingency plan . 7 .. ~'> VI. Liability & Contracts If someone is injured or property is damaged as a result of a Y2k failure or malfunction, the City could be sued for negligence. The injured party could argue that the City failed to exercise "reasonable care" by not correcting the year 2000 problem. To successfully defend itself in this type of lawsuit, the City must demonstrate that it made an effort to address Y2k issues. . It is important for cities to insist that Y2k warranty language be included in any contract for the future purchase of equipment. (see sample language). By doing so, the City retains its right to sue the manufacturer or vendor if the equipment fails or malfunctions. If possible, the City should try to renegotiate existing contracts to include the Y2k warranty language. Language should also be added to building permits or certificates of occupancy stating that these forms and related inspections do not constitute any type of warranty or guarantee. (sample included). Y2k warranty language should be included in any new contract for the purchase of new equipment or for work by Y2k consultants. New vendor contracts should also contain a penalty clause and should specify liability of both parties, including indemnification provisions in the event that products don't meet warranty specifications. In an effort to keep legal costs to a minimum, the City should consider incorporating dispute resolution language into new and existing contracts with regard to the Y2k issue. VII. Communication Most important to the success of this plan is communication. All staff members should be kept apprised of the status of the plan and should be asked to facilitate in its implementation. . Council members should be briefed periodically on the status of the plan at a regular meeting, and this should be documented in the meeting minutes. Finally, residents should be made aware of the City's progress in addressing the Y2k issue. Residents need to know the potential of City services being disrupted by the Y2k problem. They should also be made aware of contingency plans being prepared. 8 I , Sample Letter to E~ment Sueplier (Date) (Equipment Supplier Nome) (Address) (City, State, Zip Code) Re: Year 2000 Issues . Dear (Equipment Supplier): The City of is working to identify 011 equipment that may be affected by the Year 2000 Problem. Many pieces of equipment and systems are programmed to calculate only a two-digit code for the year (e.g. "98" for "1998"1. It is important to address this issue now because when the year 2000 arrives land in some cases befare or aher the year 20001, equipment may miscalculate the year as 1900 and not operate properly. This problem is not limited to computer hardware and software - any equipment that contains an embedded computer chip with a time or date function could be affected (such os traffic lights, security systems, fire alarm systems, elevators, etc.). The city has identified the following equipment in its inventory as being obtained through your company: . Vendor: Product Identification: Make / Model/Year: Description: To help ensure continuous delivery of essential services, we need to know if the equipment supplied by your company to the city will be ready for the year 2000. Please answer the following questions and contact us with the answers as soon as passible: .' 1. Are there any potential concerns with equipment purchased by the city through your company related to the Year 2000 problem? {Please briefly describe how this determination was made. If your company has not started the process of identifying potential Y2k concerns, please provide an approximate date when such information may be available.} 2. If so, how can these concerns be addressed? 3. How can your company assist the city in deeling with these concerns? 4. What is your estimate of how much solutions to address these concerns will cost the. city? 5. Who can the city contact at your company for assistance in addressing. these concerns? Thonk you for your cooperation and assistance in our effort to ensure public sofely and continuity of essential city services. Sincerely, (Appropriate City Y2k contact) City of League of Minnesota Cities ~ A Year 2000 Action Guide , ~ Sample Letter to Eq~ment Manufacturer (Date) (ManuFacturer Name) (Address) (City, State, Zip Code) Re: Year 2000 Issues Dear (ManuFacturer): The City of is working to identify all equipment that may be affected by the Year 2000 Problem. Many pieces of equipment and systems are programmed to calculate only a two-digit code for the year le.g. "98" for "1998"1. It is important to address this issue now because when the year 2000 arrives land in some cases before or aher the year 20001. equipment may miscalculate the year as 1900 and not operate properly. This problem is not limited to computer hardware and software - any equipment that contains an embedded computer chip with a time or date function could be affected (such as traffic lights, security systems, fire alarm systems, elevators, etc.j. The city has identified the following equipment in its inventory as being manufactured by your company: Manufacturer: Product Identification: Make / Model/Year: Description: . To help ensure continuous delivery of essential,. services, we need to know if the equipment built by your com pony will be ready for the year 2000. Please answer the following questions and contact us with your responses as soon as possible: ,. . I 1. Are there any potential concerns with the equipment identified above related to the Year 2000 Problem? (Please briefly describe how this determination was made. If your company has not started the process of identiMng potential Y2k concerns, please provide cn approximate date when such information may be available.) . 2. If so, how can these concerns be addressed? 3. How can your company assist the cily in dealing with these concerns? 4. What is your estimate of how much solutions for these concerns will cost the city? 5. Who can the city contad at your company far assislance in addressing fhese concerns? Thank you for your cooperation and assistance in our effort to ensure public safety and continuity af essential city services. Sincerely, (Appropriate City Y2k contcd) Ci ty of League of Minnesota Cities ~ A Year 2000 Action Guide . . Sample Letter to Service Provider (Date) (Service Provider Name) (Address) (City, State, Zip Code) Re: Year 2000 Issues Dear (Service Provider): The City of is working to identify all services that may be affected by the Year 2000 Problem. lIkny pieces of equipment and systems are programmed to calculate only a Iwo-digit code for the year (e.g. H98. for H J 998"). It is important to address Ihis issue now because when the year 2000 arrives {and in same cases before or after the year 20001, equipment may miscalculate the year as 1900 and not operate properly. This problem is not limited to computer hardwore and software -=- any equipment that contains an embedded computer chip wilh a time or date function could be affected (such as traffic lights, securily systems, fire alarm systems, elevators, etc.l. The cily has identified the following services as being provided to the cily Ihrough your compony/ organization/government: Service provider: Service provided: Description: To help ensure continuous delivery of essential services, we need to know if the services supplied by your comoanv/organizotion/government to the cily will be ready for the year 2000. Please answer the following questions and contact us with your responses as soon as possible: , I 1. Are there any potential Year 2000 Problem concerns with e'luipment your comoony/orgonizotion government uses to provide services to the city? {Please briefly describe how this determination was made. IF your company has not started the process of identifying potential Y2k concerns, please provide an approximate date when' such information may be available.] 2. If so, hove you contacted your yendors and manufacturers regarding those concerns? 3. Who con the cily contact at your company if we have any questions regarding this issue? Thank you for your cooperation and assistance in out effort to ensure public safely and continuity of essential cily services. Sincerely, (Appropriate City Y2k contact) Cily of _ League of Minnesota Cities ~ A Yeer 2000 Action Guide Y2k Documentation Form Component: Name of person completing form: Department/ function: Risk Classification of Component: Catastrophic Severe Sustainable Inconvenient What is the anticipated failure? Make, Model, Serial #, Year: Manufacturer, Supplier or Service Provider: Phone: Address: Date first contacted: Comment: Type of communication ltelephone conversation, letter senti: Date of response: Details of response from manufacturer, supplier or ~ervice provider: , Date repair/replacement ordered: Est. cost: $ Date of repair or replacement completed: Testing Completed: Q Yes Q No If yes, attach Y2k Testing Acceptance Form. Contingency plan needed: Q Yes Q No If yes, attach Contingency Plan. league of Minnesota Cities ~ A Year 2000 Action Guide . . 1 I LMc League of Minnesota Cities Ins.ce Trust Year 2000 (Y2K) Assessment Worksheet r...,.. "Mi...."," C"mu Citiu "..lIli". ........... Component Make, Model #, Serial #, and Year # Risk Class o Calastro o Severe o Sustainable o Inconven. Manufacturer, Supplier, &lor Vendor CONTACTED: Date & Name: Name of Person COmPletlnwm: Title: DepartmenUFunctlon: Date Form Completed: Manufacturer, Supplier, &lor Vendor RESPONSE Date: Response: o OKasis o Repair o Replace Repair or Replacement Ordered Date: Est. Cost to Repair or Replace $ Repair or Replacement Completed Date: Page of _ Page(s) Y2K Compliance Testing Completed: Date: Contingency Plan In Place? DYes oNo o Calastro. 0 OK as is $ DYes o Severe 0 Repair o Sustainable 0 Replace oNo o Inconven '. o Cataslro. o Severe o Sustainable o !neonven. o Calaatro. o Sevare o Sustainable o In<:onven. o Calastro. o Sevara o Sullainabla o Inconven. o OKasis o Repair o Replace o OKasls o Repair o Replace o OKasi$ a Repair a Replace $ $ $ DYes oNo aYes DNo DYes aNo Please return a copy of this Y2k Assessment Worksheet or other similar documentation to: LMelT Underwriters, 145 University Avenue West, St. Paul, MN 55103-2044 ...."..'...-,'f....,....I~.~~.....iIill"il'Pf...'fI't<o...."" I . Number of components Definitions of Y2k Assessment Worksheet Headings Component. Any hardware, software or firmware (equipment or systems with embedded chips) that may have Y2k concerns. Make, Model, Serial I, Year. Record any Identifying marks or information. Risk Class. If this component or service failed, identify the level of risk ossociated with it. Catastrophic - A system or piece of equipment which, if it failed or malfunctioned, would endanger public health or safely. Possible examples: 91 I dispatch, delivery of drinking water, or handling of wastewater. Severe. A system or piece of equipmenl which, if it failed or molfunctioned, would hove a concentrated impact on a particular cily operation and would likely cause major problems within that operation. The failure or malfunction could have an impact on public health or safely, but would not necessarily cause immediate danger. Possible examples: telephone systems, criminal records systems, and traffic control systems. Sustainable - A system or piece of equipment whi~h, if it failed or malfunctioned, would result in widespread or concentrated interruptions in the cily's operations. Such failure or malfunction could be overcome by .work orounds. pending the repair of the system. Incremental costs would result and the cost to restore the system could be scheduled over lime. Possible examples: street lighting, security systems, or payroll. Inconvenient - A system or piece of equipment which, if it failed or malfunctio~ed, would result in widespread or concentrated interruptions in the cily's operations, which could be overcome by .work oroundsN or possible inaction for a period of time. Possible examples: elevators, credit cards, or pagers. Mfg./Supplier/Vendor Contacted - Record the date the vendor was contacted regarding the Y2k compliance of equipment or system. Mfg./Suppller/Vendor Response - Record the dote of the vendor's response, the vendor representative and the response given. Is the equipment or system Y2k compliant, or does it need 10 be repaired or replaced? Repair or Replacement Ordered. Record the date that repair or replacement was ordered. Esllmated Cost to Repair or Replace. Record the esllmated cost to . repair or replace the equipment or system? Y2k Compliance Tesllng Completed. Record the date of a successfultesling for Y2k compliance. Contingency Plan In Place9 - Has 0 contingency plan been drafted and tested? Please be sure to send a copy of the Y2k Assessment Worksheet or other stmllar documentation 10 lMC/l . .. ..."..._,,-,""'--.,. . . . Y2k Date Issues Date rollover (e.g. day to day, month to month, year to year, century to century.) leap year calculations 2 digit years in text dotes Default or dummy values for Fields (e.g. 01/01/01, 12/31/99,09/09/99,9999,99/99/99) Fields with names that indude: - date, dte, dt, period, period ending . mmddyy, time - month, mth, mon, mo, mm, m, age - day, da, dd, d start, begin, beg - year, yr, yy, y,fyr,fy end, expiration, exp - calendar-year, cy,julian, quarter, qyy Date data imbedded in other fields, such as record keys Date editing even if the field does not have a date name Display and entry Fields. Data input or output structured in a ..I..!.. format Y2k Dates to Check (The following list is not all-inclusive - dates may need to be added to this list based on the specif~ cakulations perjOrmed by city systems. Also, dates that are not appropriate to city systems should be ignored, so that valuable testing time is not wasted.) Dates before the year 2000 (to insure that it is Working properly) January 1, 1999 (first date with "99" ~n the year Jield) July 1, 1999 (start of the State of Minnesota's FiscalYear 2000) September 9, 1999 (September 9, 1999 is sometilJles a dummy expiration date) October 1, 1999 (start of Federal Government's Fisca/Year 2000) · Rollover from December 31, 1999 to January 1, 2000 · January 1, 2000 (the Jirst dty business day of the year 2000) · January 7, 2000 and January 10, 2000 (first Friday of the new century and Monday after the first Friday) · Rollover from January 31, 2000 to February 1, 2000 (end OJ the month operation) February 15, 2000 (W2 due) · Rollover from February 28, 2000 to February 29, 2000, then rollover from February 29, 2000 to March 1, 2000 (leap year operation) March 31, 2000 and April 1, 2000 (end-of-quarter operation) · April 15, 2000 (tax day) April 30, 2000 (first month ending on a weekend) · May 1, 2000 (tax withholding report due, unemployment tax due) September 30, 2000 (Federal Government's end ofJiscal year 2000) October 10, 2000 (first '6-digit' date for systems storing date as MDDYY or MMDDYY) · December 31, 2000 (first year-end of the century - check that year had 366 days) January 1, 2001 (rollover to 2001) February 29, 200 1 (invalid date) December 31, 200 1 (second year-end of the century- check that year had 365 days) · Dates after the year 2000 - 2001, 2002, etc. (forward processing) League of Minnesota Cities ~ A Year 2000 Action Guide Y2k Testing Acceptance Form The hardware. software apolicotion or comoonenf containing embedded chio has been tested by our department's represenlotives and faund ta function in .a year 2000 environment. Any discrepancies, prob- lems, and comments are listed below. Date testing began: Date testing was completed: Department head: Deportment testing representative: . Comments: . i f . League of Minnesota Cities ~ A Year 2000 Action Guide Contingency Planning Template System: Risk Class: Dept. : Dote: . Created By: Related to Other Systems/Contingency Plans? {If yes, list be/ow.} Dept. Head Approval 1 . Objective of the plan Dote 2. Criteria for invoking the plan . 3. Expected life of the plan 4. Roles, responsibilities, and authorily 5. Procedures for invoking contingency mode league of Minnesota Cities ~ A Year 2000 Action Guide Contingency Planning Template Continued 6. Procedures for operating in contingency mode 7. Resource plan for operating in contingency mode (human resources) 8. Criteria for returning to normal operating mode 9. Procedures for returning to normal operating mode 1 0, Procedures for recovering lost or damaged data " 11 . Estimated cost of the plan 12. Post contingency plan 1 3. Testing of contingency plan league of Minnesota Cities ~ A Year 2000 Action Guide . . State of Minnesota Warranty Language Vendors shall warrant that hardware and sOHware developed or modified by them ond used before, during, and after the turn of the century shall not experience abnormal ending and/or product invalid or incorrect results in the operation of the business of the State. In the event of any recognition, calculation, or indication of century problems related to the Year 2000, vendors shall warrant that they will make all codedjustments necessary at no cast to the State in order to ensure that the code and databases modified or developed by the vendor are .Year 2000 Compliant.. The warranty shall be in effect until December 31, 2000, or one year after system production, whichever is later. "Vear 2000 compliance" means that information resources meet the following criteria and/or perform as described: . 1. Data structures (databases, data files, etc.) provide 4-digil date century recognition. Example: ' 1996' provides "date century recognition", '96' does not. 2. Starred data contains date century recognition, including {but not limited tol data stored in databases and hardware/device internal system dates. 3. Calculations ond program logic accommodate both same century an mulli-century formulas and data values. Calculations and logic include (but are not limited) sort algorithms, calendar generations, event recognition, and all processing actions that use or produce data values. 4. Interfaces (to and from other systems or organizations) prevent non-compliant dates and data from entering or exiting any state system. 5. User interfaces (i.e. screens, reports, etc.) accurately show 4-digit years (if critical to business functions). 6. Year 2000 is correctly treated as a leap year within all calculation and calendar logic. . " -, Sample SoHwareLicense WarranfyClbuse . ~ ~ . j l , (software companyJ warrants that the sOHware licensed to the City shall include acceptable design and perfor-mance specifications that will not abruptly end or provide invalid or incorrect results during operation on or after January 1, 2000. {software comoonvJ will conform with the foregoing design and performance specifications at no additional cost to the City. (software comoonv/ agrees that, at no additional cost 10 the City, the soflware will ensure Year 2000 compotibility by providing: 1) dote data century recognition; 21 calculations that accommodate same century and multi-century formulas; and 3) dote values and dote data interface values that correctly identify the century. In addition, {software comoonvJ warrants that the Year 2000 leap year calculations will be accurate and will not result in software, Firmware or hardware failures. League of Minnesota Cities ~ A Year 2000 Action Guide Sample Building Permit Language (to be modified for city purposes and attached to or made part of permit) Enforcement and administration. of the Minnesota State Building Code is a public service and is of necessity limited in nature. Consequen~y, this building permit and the subsequent building inspec- tions are not to be construed or relied upon as any type of warranty, guarantee, or representation on the part of the city that the plans, construction or Anished product ore necessarily in conform- ance with the provisions of the Minnesota State Building Code or other applicable construction standards. Further, the city assumes no responsibility or liability for damages of any nature alleg- edly arising out of the issuance of this permit or subsequent inspections. . Sample Certificate of Occupancy Language (to be modified for city purposes and attached to or made part of certificate) Enforcement and administration of the Minnesota State,Building Code is a public service and is of necessity limited in nature. Consequently, this certificate of occupancy is not to be con- strued or relied upon as a warranty, guarantee, or representation on the part of the city that the construction or finished product covered under this certificate is necessarily in conformance with the Minnesota State Building Code or other applicable construction standards. Further, the city assumes no responsibility or liability for damages of any nature allegedly arising out of the issuance of this certificate of occupancy. .; I . j l i League of Minnesota Cities ~ A Year 2000 Action Guide Sample Re~ponse Letter to Inquiries from Residents or Businesses (Date) (Name) (Address) (Ciiy, State, Zip Code) Re: Year 2000 Issues . Dear! I: Thank you for contacting us about the Year 2000 Problem. We take your concern very seriously and want you to know that we at the City are doing our best to address your concern, as well as those of the whole community we serve. We are working hard to identify all equipment and systems that may be affected, and to determine the best ways to address potential problems. Specifically, ... (Explain where the city is in the process: Has the city completed its initial inventory, contacted vendors, begun to implement any fixes, or drafted contingency plans for suspect parts? If so, explain in general terms, understandable to most residents and business owners. If this letter is in response to a concern about a specific type of city operation, explain what has been done or is planned to be done concerning that operation..} . We believe we will be able to address many problems related to the Year 2000 issue before they arise. However, because this is such a complex problem and the solutions can often be costly and difficult to implement, we cannot guarantee ,that city operations will be free of problems before the calendar turns on January 1, 2000. What we can assure you is that the City will remain commit- ted to the public health and safety above all else. Our contingency planning will put priority on operations that are critical to the continuity of essential city services. Again, thank you contacting us with your concern. If you have any further questions about the City's efforts to address the Year 2000 Problem, we encourage you to contact (Y2k coordinator: name, title and phone numberl. lYou may also want to invite the resident or business owner to participate in any specific public outreach efforts the city is scheduled to conduct, such as open houses, town hall meetings, and the like. If the city is regularly running Y2k articles in its newsleffer, this could be . mentioned as well.) Sincerely, lMayor or appropriate Y2k contacn City of League of Minnesota Cities ~ A Year 2000 Action Guide ,.. SOUTH LAKE MINNETONKA PUBLIC SAFETY DEPARTMENT 810 Excelsior Boulevard Excelsior, Minnesota 55331-1931 BRYAN T. LITSEY Chief of Police Office (612) 474-3261 Fax (612) 474-4477 MEMQRANDIIM TO: James Hurm, Shorewood City Administrator Bryan Litsey, Chief of Police ;;./ January 7, 1999 - Thursday . FROM: DATE: RE: Additional Funding - Snowmobile . This is follow up to our phone conversation on Monday, January 4, 1998, concerning the acquisition of a second snowmobile to be used by our police department. As you are aware, the City of Shorewood purchased a snowmobile a couple years ago for use by the Shorewood Community Policing Officer and other officers on our department working overtime details under state grants. At times, this has benefitted the neighboring communities of Excelsior, Greenwood and T onka Bay. Retired Chief Young included the attached correspondence in the packet for the October 14, 1998 meeting of the Coordinating Committee. This concerned the purchase of a second snowmobile, primarily for officer safety purposes. The cost estimated was in a range of $5,000 to $6,000, but that was based on a special deal at the time from Polaris Industries. Polaris and the other snowmobile manufactures are still extending a special consideration to law enforcement, but at a lesser amount. Therefore, to purchase and setup a quality snowmobile the cost likely will be between $6,000 to $7,000. It was authorized at the Coordinating Committee Meeting this past October for the police department to contribute up to $3,000 toward this endeavor. The remainder of the money was to come from fund-raising efforts by the City of Shore wood of between $2,000 to $3,000 along with possible contributions of$500 each from the cities of Tonk a Bay and Greenwood. In addition, the South Lake Minnetonka Crime Fund approved a contribution of up to $1,000. The fund-raising efforts by Shorewood are in limbo right now, placing the secured funding level at $4,000. lfthe cities of Excelsior, Greenwood, Serving the South Lake Minnetonka Communities of Excelsior, Greenwood, Shorewood and Tonka Bay #/ D ~ PAGE 2 - SNOWMOBILE MEMORANDUM Shorewood and Tonka Bay could each contribute an additional $500 or more, the second snowmobile could likely be put into service yet this month. This second snowmobile may lack some equipment, but we could make due until additional contributions become available by using itin tandem with the Shorewood snowmobile which is fully equipped. The preliminary work for purchasing a second snowmobile has already been done by Officer Keller along with some assistance from Reserve Officer Etshokin. Although the City of Shorewood generally has the greatest need for snowmobile enforcement, the other three cities served by our agency would also benefit. The overtime costs for additional snowmobile patrols in the four cities can be covered . primarily by two state grants obtained by our agency. I would appreciate this request being considered as soon as possible. Please give me a call if you have any questions. Copy to: Mayor Woody Love . Serving the South Lake Minnetonka Communities of Excelsior, Greenwood, Shorewood and Tonka Bay ... ..,...) . . .. ~'.:~~) . To: From: Date: Re: South Lake Minnetonka Public Safety Department Coordinating Committee lames C. Hunn, Shorewood City Administrator October 8,1998 Snowmobile for the Police Department In his end of season report (June 5 memorandum attached), Chief Rick Young suggested that a second snowmobile be acquired which could be used as backup for Shorewood's snowmobile. The Shorewood Park Commission concurred that it would be nice to have a good backup snowmobile for the Police Department. Some initial inquiries have been made to several organizations. We are convinced that some funds can be raised toward possibly $5,000 to $6.000 for a new snowmobile. The snowmobile could be used not only as a backup for Shorewood's snowmobile, but could be used as a primary snowmobile for patrolling in the other cities and along the shores. The question being asked by the city of Shorewood is whether or not the Coordinating Committee would be interested in designating some Police Department funds to go toward the purchase and equipping of such a snowmobile. If $3,000 to $4,000 could be raised outside, only perhaps $2,000 to $3,000 ofpoJice department budget would be needed. We appreciate your initial consideration of this request at the October 14 Poli~ Coordinating meeting. Phone . Fax' Fax' ., ~ ...., SOUTH LAKE MINNETONKA PUBLIC SAFETY DEPARTMENT 8 I 0 Excelsior Boulevard Excelsior, MiMesota 5533 I RICHARD A. YOUNQ Chief of Police (612) 474-3261 MEMQRANDUM To: lames C. Hunn, City Administrator From: . Chief Rick Youn;Y Date: June 5, 1998 Subject: 1997/1998 Snowmobile Season After discussions with Officer Keller and a review of reports on the 1997/1998 snowmobile season, I have the foIIowing observations for the City of Shorewood. . . . "j Season - This years snowmobile season was very short due to the weather conditions. This is a factor that will affect the statistics for the year. However, during the short season we were still very busy with enforcement efforts. Enforcement efforts - This year, as in past years, Officer Keller spent a great deal of time on snowmobile related activities when the snow conditions were acceptable for riding. This year, for the first time, we applied for and were awarded a $1,000 grant from the Minnesota Department ofNaturaI Resources for snowmobile enforcement. This grant could not be used for current snowmobile enforcement activities and had to be spent on additional enforcement efforts. This was accomplished through the use of overtime to Officer Keller and several other officers on the departmcnL In addition, our Community Policing grant was used to . . provide additional snowmobile enforcement hours after the DNR grant was depleted. Officer Safety - As I have previously mentioned several times, I am concerned with officer safety when we have only a single snowmobile enforcement officer patrolling at night The grants helped us to double up on some night shifts this past snowmobile season. However, I believe it is something that should be standard practice at night. Equipment - This past snowmobile season we received the Excelsior Fire Department snowmobile to assist in enforcement. While this helped a great deal, the snowmobile is about 10 years old and has reliability and maintenance pro~: While we paid to reprogram the radio for law enforcement purposes, it still had no other emergency equipment available. I feel the City ofShorewood should look into buying another snowmobile for this purpose. As you know, the Polaris Corporation will give law enforcement a "great" deal (about 50% off) on a new snowmobile. I think this should be looked into. The new machine could then be equipped with emergency equipment as our curre~t snowmobile is. $eMit' Sou,,, LaM M;n~OItM COItUmnJiJirs 01 ~JSH1l'. G'~~IIl.00d. $/to,.,II'()()(/ anti Tonu Bfl)' To: Mayor and City Council From: /.{Ij !tr () Identifying Issues and Setting Priorities for 1999 January 6, 1999 James C. Hurm, City Administrator Date: Re: . Attached please find a list of issues that may come before the City Council in 1999 as listed by City staff. They are not listed in any order or priority. It would be helpful if each Councilmember would review this list, check those they would leave on, cross out those they would take off and add to the list issues you feel the City Council should address in 1999. If we can get them back in a day or two, we can compile the Council's forms into one master list of issues. Once that list is compiled we would get that list to you and ask you to individually prioritize the issues as follows: Top priority (perhaps top 5) Second priority (second 5) Third priority (third 5) . We would then layout the entire Council's reports on a chart so you could then begin to discuss which should be the consensus top five issues, second five issues and third five issues at Monday night's meeting. Hopefully this process will. facilitate prioritization of issues. Let me know if you prefer another method. #-/1 1999 Issues List Reviewed by Staff 12/30/98 * Land Conservation report implementation Implement trail planning process Review Comprehensive Plan, get significant public input and submission by June Review water policies Complete stormwater management plan - submit with Comprehensive Plan Undertake a three year liquor plan to improve operations Defme roll in affordable senior housing Consider strategies to reduce legal costs Decide on alignment for Country Club RoadlSmithtown intersection Develop a strategy to improve paramedic rescue response times in much of Shorewood Implement a realistic plan to expand web page/improve communications Consider a street reconstruction assessment policy (task force recommended) Consider recommendations of the Fire Department Task Force (in July) Actively pursue burying utility lines Re-evaluate design criteria for City streets Consideration of all alternatives for transit service Consider some more organized approach for garbage collection Become more involved in educating youth (and adults) in local government Consider policy on placement of communication antenna facilities Consider policy on right-of-way usage by utilities Up-date subdivision ordinance . * * . * Councilmember * Need to be done in 1999. ai " CHECK APPROVAL USTING FOR JANUARY 11, 1999 COUNCIL MEETING CHECKS ISSUED SINCE DECEMBER 23, 1998 . CK NO TO WHOM ISSUED 24396 WINDJAMMER 24397 US POSTMASTER 24398 EXCELO BAKERY 24399 PERA 24400 ICMA RETIREMENT TRUST 457 2440 1 CITY COUNTY CREDIT UNION 24402 GOVT FINANCE OFFICERS ASSOC. 24403 KATHLEEN HEBERT 24404 PATRICIA HELGESEN 24405 AT&T WIRELESS 24406 MN CHILD SUPPORT PMT CTR 24407 BRADLEY NIELSEN 24408 BRADLEY NIELSEN 24409 JOSEPH PAZANDAK 24410 ALAN ROLEK 24411 CHICAGO TITLE INS.CO. 24412 OLD REPUBUC NA TL TITLE 24413 AFFIUA TED CREDIT SERVICES 24414 DAHLHEIMER DIST. 24415 MARUN'S TRUCKING 24416 MN CONWAY FIRE SAFETY 24417 QUAUTY WINE & SPIRITS 24418 PETTY CASH 24419 US POSTMASTER 24420 ADAMS PEST CONTROL 24421 EARL F. ANDERSEN, INC. 24422 BEST LOCKING SYSTEMS 24423 BOB'S PERSONAL COFFEE 24424 BRAUN PUMP & CONTROL 24425 BROWNING FERRIS INDUSTRIES 24426 COLUNS ELECTRICAL SYSTEMS 24427 COORDINATED BUSINESS SYS 24428 E-Z RECYCUNG, INC. 24429 FRONTIER ELECTRIC 24430 HAMUNE UNIVERSITY 24431 KATHLEEN HEBERT 24432 HENNEPIN COUNTY 24433 HOPKINS PARTS COMPANY 24434 JAMES HURM 24435 INTERNAL REVENUE SERVICE -24436 KAR PRODUCTS 24437 LEAGUE OF MN CITIES INS. TRUST 24438 MN DEPT OF HEALTH 24439 MINNEGASCO . PURPOSE APPREC. PARTY ENTERTAINMENT JANUARY NEWSLETTER POSTAGE COUNCIL CAKE RETIREMENT CONTRIBUTIONS DEFERRED COMP PAYROLL DEDUCTIONS CONFERENCE REGISTRATION SEC 125 REIMB. SEC 125 REIMB. AIRTIME CHILD SUPPORT-C. SCHMID SEC 125 REIMB. MILEAGE/EXPENSES MILEAGE MILEAGE DUP. CK. ESCROW REFUND OVER.PMT99 ASSMT PAYOFF UTIUTIES BEER PURCHASE FREIGHT ANNUAL FIRE INSPECTION UQUOR/WINE PURCHASE PETTY CASH REIMB. 4TH QTR U/B POSTAGE PEST CONTROL STREET SIGNS CITY HALL LOCKS COFFEE REPAIR/REPLACE PUMPS FALL CLEAN UP REPAIR SIGNAL COPIER DUPUCATOR/TONER DECEMBER RECYCUNG BADGER ELECTRICAL TUITION-ROLEK MILEAGE TRUTH IN TAXATION SHOP SUPPUES SEC 125 REIMB./BOOK CASE 3RD PARTY SICK PAY-FICA/MED SHOP SUPPUES WORKERS COMP AUDIT ADJ. 4TH QTR CONN FEE UTlUTIES AMOUNT $600.00 593.36 14.69 2,958.92 1.078.07 1. 1 00.80 275.00 192.30 1,389.69 118.92 156.50 138.00 337.45 52.98 110.33 3,900.00 101.35 103.35 265.50 273.60 56.39 3,301.47 64.51 493.42 60.17 463.28 5,086.29 27.00 9,525.27 503.10 127.88 213.64 4,920.00 327.50 983.00 73.78 438.93 24.92 165.00 5.40 232.37 386.00 1,383.00 908.53 Page 1 . . CHECK APPROVAL USTING FOR JANUARY 11, 1999 COUNCIL MEETING CHECKS ISSUED SINCE DECEMBER 23, 1998 . CK NO TO WHOM ISSUED 24440 THERESA NAAB 24441 NAT'L FIRE PROTECTION ASSOC. 24442 NAVARRE TRUE VALUE 24443 NORTHERN STATES POWER 24444 JOSEPH PAZANDAK 24445 PEPSI COLA 24446 RICMAR INDUSTRIES 24447 SA TELUTE SHELTERS 24448 SEARS COMMERCIAL CREDIT 24449 SHOREWOOD TRUE VALUE 24450 TIKSOFT 24451 TIMESA VER 24452 US WEST 24453 US WEST DEX 24454 VESSCO 24455 WIDMER 24456 ZIEGLER 24457 SMITH BARNEY 24458 LAWRENCE NICCUM 24459 BELLBOY, CORP. 24460 BELLBOY BAR SUPPLY 24461 ALL SAINT'S BRANDS DIST. 24462 FLAHERTY'S HAPPY TYME CO 24463 GRIGGS, COOPER & CO. 24464 JOHNSON BROS. UQUOR 24465 JORDAN BEVERAGE 24466 LAKE REGION VENDING 24467 LEEF BROS. 24468 MARUN'S TRUCKING 24469 PAUSTIS WINE COMPANY 24470 PHILUPS WINE & SPIRITS 24471 QUAUTY WINE & SPIRITS 24472 THE WINE COMPANY 24473 PERA 24474 ICMA RETIREMENT TRUST 457 24475 CITY COUNTY CREDIT UNION 24476 UNUM UFE INSURANCE 24477 AFSCME COUNCIL 14 24478 AFSCME COUNCIL 14 24479 FORTIS BENEFITS 24480 LMCIT 24481 MN CHILD SUPPORT PMT CTR 24482 MN NCPERS 24483 JOSEPH PAZANDAK . PURPOSE MILEAGE/FALL TUITION REFERENCE BOOK SUPPUES/EQUIP & BLDG MAINT UTIUTIES MILEAGE/FILM & DEVELOPING POP PURCHASE SIDEWALK SALT WARMING HOUSE-CATHCART TOOLS WATER EQUIP MAl NT SOFTWARE MEETING MINUTES COMMUNICATION ADVERTISING WATER EQUIP MAINT CULVERT REPAIR-MTKA BLVD EQUIP MAINT ONE DAY INTEREST TOOLS/SUPPUES UQUOR/MISC PURCHASE MISC/SUPPLY PURCHASE BEER/MISC PURCHASE MISC PURCHASE UQUOR/WINE/MISC PURCHASE UQUOR/WINE PURCHASE BEER PURCHASE MISC PURCHASE MATS FREIGHT WINE/BEER PURCHASE UQUOR/WINE PURCHASE UQUOR/WINE PURCHASE WINE PURCHASE PERA CONTRIBUTIONS DEFERRED COMP PAYROLL DEDUCTIONS JANUARY UFE INSURANCE JANUARY UNION DUES JANUARY DELTA DENTAL JANUARY DISABIUTY JANUARY DENTAL CHILD SUPPORT-C. SCHMID JANUARY PERA UFE INSURANCE SEC 125 REIMB AMOUNT $730.69 36.35 95.91 1.457.89 36.73 91.15 186.31 763.56 88.67 11.10 27.90 254.25 117.48 346.00 614.75 18,606.00 27.31 105.71 101.83 6,868.91 472.92 130.90 153.60 14,102.55 11,647.44 37.60 1.433.69 26.20 37.60 277 .66 6,374.16 442.57 673.09 2,962.30 1,085.40 1,100.80 91.30 170.45 281.84 94.50 579.62 181.50 33.00 206.32 Page 2 . . CHECK APPROVAL LISTING FOR JANUARY 11, 1999 COUNCIL MEETING CHECKS ISSUED SINCE DECEMBER 23, 1998 CK NO TO WHOM ISSUED 24484 CITY OF TONKA BAY 24485 GANDER MOUNTAIN 24486 TONY EIDEN CO 24487 DA YTONS 24488 BELLBOY CORP. 24489 CENTRAL DATA SUPPLY 24490 GTE DIRECTORIES 24491 GRIFFIN COMPANIES 24492 GRIGGS, COOPER & CO. 24493 JOHNSON BROS. LIQUOR 24494 LAKE REGION VENDING 24495 PHILLIPS WINE & SPIRITS 24496 QUALITY WINE & SPIRITS 24497 TOWLE REAL ESTATE CO. 24498 WASTE MANAGEMENT 24499 THE WINE COMPANY PURPOSE JANUARY RENT-TB LIQUOR 15 YEAR ANNIVERSARY-NIELSEN REFUND SAC-25650 MAPLE VW CT 15 YEAR ANNIVERSARY-HELGESEN LIQUOR PURCHASE SUPPLY PURCHASE ADVERTISING JANUARY RENT-L1Q I L1QUOR/WINE PURCHASE LIQUOR/WINE PURCHASE MISC PURCHASE WINE PURCHASE LIQUOR/WINE PURCHASE JANUARY RENT-L1Q II WASTE REMOVAL WINE PURCHASE TOTAL CHECKS ISSUED Page 3 AMOUNT $1.100.00 150.00 1,000.00 150.00 355.94 345.87 58.65 6,249.49 5,574.79 7,478.50 1.1,65.18 1,338.15 370.15 3,892.77 134.53 402.10 .... _ ----- .-----.............. ....-_. -. --------......."'.."'..". .....-..---------.---..'.................. .".....-.-------- ........."................ ...,. ,. - --. ..---....... .........-.. ,..... ........-.._-.-- ........... ................ .-...... --- -.-. .....-............"....... ........ .--....----..................--.... ........--.--.._---_..........._........... ............ $146.463.29 0::: C) L: u... 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U tf) u.J W:LO :r:u Ul.l..lLL I t.l 2: U :11 (fJ ;- -' l.lJ ::J <:J: U u. :J >-\ "'2:'- 5 <:J: 0 u ;c :z: ;",1 ~~': ::> ,.() .._.! ?t) N ;~ ~~ ;~ \0 i~ (0 ell -' t>D C\l <J: r:l< ~.... 0 * i~ '* * PAYROLL REGISTER Check # Pay Date EmplD Employee Name Chk Amount Status 214001 1/5/99 115 BROWN, LAWRENCE A 1,587.45 214002 1/5/99 140 BETTS, GRAYDON D 186.13 214003 1/5/99 150 BLECHTA, HEATHER A 146.05 214004 1/5/99 .160 BLECHTA, PATRICE A 38.79 ,214005 1/5/99 170 BLECHTA, RYAN C 204.12 214006 1/5/99 223 BUHL, SUSAN E 171 .77 214007 1/5/99 325 COLE, ANGELA M 664.99 214008 1/5/99 500 DAVIS, CHARLES S 987.25 214009 1/5/99 550 DAVIS, KELLEN C 104.49 214010 1/5/99 780 EDRALlN, LAURENCE A 46.53 214011 1/5/99 1160 GROUT, TWILA R 680.95 214012 1/5/99 1190 HEBERT, KATHLEEN A 505.14 . 214013 1/5/99 1400 HELGESEN, PATRICIA R 543.37 214014 1/5/99 1410 HELLING, PAMELAJ 574.37 214015 1/5/99 1550 HURM, JAMES C 1,759.55 214016 1/5/99 1575 IVES, TROY M 6.11 214017 1/5/99 1601 JAKEL, BRIAN D 190.39 214018 1/5/99 1700 JENSEN, JEFFREY A 964.23 214019 1/5/99 1800 JOHNSON, DENNIS D 914.95 214020 1/5/99 1840 JOHNSON, PAUL H 153.07 214021 1/5/99 1950 JONES, MARTIN L 42.02 214022 1/5/99 1999 JOSEPHSON, KELLY F 212.50 214023 1/5/99 2100 JOSEPHSON, WILLIAM F 629.86 214024 1/5/99 2495 LATTERNER, MOLLY D 262.18 214025 1/5/99 2500 LATTERNER, SUSAN M 664.99 214026 1/5/99 2800 LUGOWSKI, JOSEPH P 904.68 214027 1/5/99 2805 LUND, JASON R 237.53 214028 1/5/99 2900 MARRON, RUSSELL R 40.10 214029 1/5/99 2910 MASON, BRADLEY J 755.74 . 214030 1/5/99 3000 NAAB, THERESA L 620.92 214031 1/5/99 3100 NICCUM, LAWRENCE A 1,157.12 214032 1/5/99 3400 NIELSEN, BRADLEY J 911.60 214033 1/5/99 3500 PAZANDAK, JOSEPH P 1,136.06 214034 1/5/99 3580 POUNDER, CHRISTOPHER J 1,034.00 214035 1/5/99 3600 RANDALL, DANIEL J 1,061.07 214036 1/5/99 3650 REINSTRA, BRIAN C 312.03 214037 1/5/99 3701 ROERICK, BRIAN M 17.21 214038 1/5/99 3800 ROLEK, ALAN J 1,166.90 214039 1/5/99 3820 RUTLEDGE. PATRICK 0 177.85 214040 1/5/99 3900 SCHMID, CHRISTOPHER E 483.49 214041 1/5/99 3910 SCHMID, R. CONRAD 0.00 VOID 214042 1/5/99 4175 SMITH, ANDREW R 45.25 214043 1/5/99 4600 THURSTON, DEBRA J 252.49 214044 1/5/99 3910 SCHMID. R. CONRAD 34.00 Total Regular Checks: 22,589.29 Total Manual Checks: .00 Total Checks: 22,589.29 Page 7