091498 CC Reg AgP
.Jt
CITY OF SHOREWOOD
CITY COUNCIL REGULAR MEETING
MONDAY, SEPTEMBER 14, 1998
5755 .COUNT~Y . CLUB ROAD
COUNCIL CHAMBERS
7:00 P.M.
Immediately foUowingthe regular portion ofthe meeting,theCounciLwillconvene in Work
Session format No action wilLbe taken at this time.
AGENDA
1 . CONVENE CITY COUNCIL MEETING
A. Roll CalI
Mayor Dahlberg __
Stover
O'Neill
Garfunkel
Champa_
B. Review Agenda
2. APPROVAL OF MINUTES
A. City Council Work Session Meeting Minutes August 17,1998 (Att.-#2A
Minutes)
B. City Council Regular Meeting Minutes August 24, 1998 (Att.-#2B Minutes)
C. City Council Work Session Meeting Minutes August 24, 1998 (Att.-#2C
Minutes)
3 . CONSENT AGENDA - Motion to approve items on Consent Agenda & Adopt
Resolutions Therein:
A. A Motion to Adopt a Resolution of Merit (Att.-#3A Proposed Resolution)
B. A Motion to Establish Fall Yard Waste Day as Saturday, October 24, 1998
C. A Motion to Approve a Sign Permit (Att.-#3C Plannee s Memorandum)
Application: Waterford Homeowner's Association
Location:
D. A Motion to Adopt a Resolution Approving Budgeted Transfers (Att.-#3D
Proposed Resolution)
NOTE: Give the public an opportunity to request an item be
removed from the Consent Agenda. Comments can be taken or
questions asked following removal from Consent Agenda.
4. MATTERS FROM THE FLOOR (No Council action will be taken.)
5. DISCUSSION WITH REPRESENTATIVE OF THE LAKE
MINNETONKA COMMUNICATIONS COMMISSION REGARDING
CABLE FRANCHISE AGREEMENT (Att.-#5)
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CITY COUNCIL AGENDA.
PAGE <2. OF 2
6. PARKS - Report by Representative
Report on September 8 Park Commission Meeting (Att.-#6 Draft Minutes)
7. PLANNING - Report by Representative
A. A Motion to Adopt a Resolution Approving a Pinal Plat - Waters Edge Pifth
Addition (Att.-#7A Planner's Memorandum & Proposed Resolution)
Applicant: Bill Blegen
Location: Manor RoadlVine Street
B. A Motion to Adopt a Resolution Establishing a Policy on Notification of Adult
Use Establishments (Att.-#7B Proposed Resolution)
C. A Motion to Adoptan Ordinance Establishing a Pee for Adult Use
EstablishmentApplications (Att.-#7C Proposed Ordinance)
8. CONSIDERATION OF A MOTION .AUTHORIZING THE MAYOR AND
CITY ADMINISTRATOR TO ENTER INTO AN AGREEMENT FOR
THE INTENDED USE OF PUBLIC RIGHT-OF-WAY (Att.-#8. Engineer's
Memorandum & Draft Agreement)
9. CONSIDERATION OF A REQUEST TO AMEND TRANSIENT
MERCHANT ORDINANCE (Att.-#9 Letter of Request)
10. CONSIDERATION OF A MOTION ADOPTING mE SHOREWOOD
EMERGENCY PREPAREDNESS HANDBOOK (Att.-#lO Proposed
Handbook)
11. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION
APPROVING THE 1999 PRELIMINARY. BUDGET AND PROPOSED
1998 PROPERTY TAX LEVY (Att.-#11 Proposed Resolution)
12. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION
ESTABLISHING A DATE AND TIME FOR THE TRUTH IN
TAXATION PUBLIC HEARING (Att.-#12 Proposed Resolution)
13. ADMINISTRATOR & STAFF REPORTS
A. Staff Report on Development Monitoring
B. Status Report on Offer to Sell Land - 25720 Highway 7
C. Request Prom Carmel Rehnelt for a Group to Proceed Down Smithtown Rd to
the Regional Trail on October 3 (Att.-#13C Letter)
14 . MAYOR & CITY COUNCIL REPORTS
Report on August 24, 1998 Work Session
. 1998 Preliminary Budget
15. ADJOURN SUBJECT TO APPROVAL OF CLAIMS (Att.-#15)
SEP-11-1998 16:16
SOUTH LAKE MINNETONKA PD
612 474 4477 P.01
SOUTH LAKE MlNNETONKA PUBUC SAFETY DEPARTMENT
810 Excelsior Boulevard
Excelsior, Minnesota 55331-t931
RICHARD A. YOUNG
Chief of Police
Office (6U) 474-3261
Fax (612) 474-4477
MEMORANDUM
TO:
Mr. Jim Hurm, Shorewood City Administrator
FROM:
Sgt. Bryan Litsey
DATE:
September 11, 1998 - Friday
RE:
TrafficIPedestrian Assistance
Per your request. I am responding to the attached letter you received from Carmel
Rehnelt at 27340 Blue Ridge Lane. I am assuming from the letter that the planned walk
will be along Smithtown Road from County Road 19 to Eureka Road. I would suggest
the Shorewood City Hall as a staging area for the walk. I would also suggest once this
activity gets underway, people walk no more than two abreast along the roadway. As of
now we have two patrol officers working day shift on Saturday, October 3, 1998. One or
both of these officers may be able to assist providing they are not pre-empted by
emergency calls. Having an extra patrol officer come in on overtime (2 hour minimum)
would be the only way to guarantee one being there. 1 will try and make arrangements
for reserve officers to help out with this activity as well. Please let me know if the status
of this planned event changes.
Copy to:
Chief Richard Young
Lieutenant Dennis Siegfried
Serving the South Lake MinnJ1tonka Communities of Excel.vio,.. Greenwood. Shorewood. and Tanka Bay
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CITY OF SHOREWOOD
CITY COUNCIL WORK SESSION
MONDAY, SEPTEMBER 14, 1998
5755 COUNTRY CLUB ROAD
COUNCIL CHAMBERS
IMMEDIATELY FOLLOWING
REGULAR MEETING
AGENDA
1 . CONVENE WORK SESSION
A. Roll Call
B. Review Agenda
2. INITIATION OF 1999-2003 CAPITAL IMPROVEMENT
PROGRAM
3. ADJOURN
No official action is taken at Work Sessions.
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TABLE OF CONTENTS
1. INTRODUCTION.................... ............. ................ ................ ......................1
n. CAPITAL IMPROVEMENTS PLAN
A. Water................................... ................................. ....... ........ ........... 4
B. Minnesota State Aid Streets....................................... ........... .......... 7
C. Local Streets............................... .................................................. ..11
D. Stonnwater Management.............................................. .......... .........15
E. Sanitary Sewer.......................... ............................ ........ ............ ......17
F. Public Facilities & Office Equipment................ ............. .............. .....20
G. Equipment............................... .......................................... ..............22
H. Parks.......... ............... .......... ..................................... ...... .................25
1. Trails. ....... ....................... ....... .......... ......... ........... .... ..... ............. .... ..28
m. CAPITAL FINANCE PLAN
A. Funding Source Summary......................................... ...... .................27
B. Capital Improvement Budget........ ...... .............. ............... ................28
IV. APPENDIX - Public Improvement Process
A. Background
. Water................................... .......................... ........ ......... ..........i
. Streets......... ........ ............... ............. ..... ........... ..... .....................i
. Stonnwater Management..... .............. .... ........... ......... ................ v
S. S ...
. aIlltary ewer.. . . . ..... . . .. ... . . . ...... ................................................ V1ll
. Public Facilities & Office Equipment.... ......................................viii
. Parks................................... ................ .................... ........... .......ix
B. Unscheduled Potential Projects............. ........................ ........... ........xvi
C. Improvement Process Charts.......................................................... .xvii
I. INTRODUCTION
This Capital Improvement Program (CIP) is a coordinated schedule of municipal capital
projects, improvements, and purchases for the years 1999 through 2003. Furthermore, it
is a Capital Improvement Finance Plan. It identifies sources of revenue to pay for the
planned capital project improvements and purchases. There are two main parts which are
integrated into this program document: The Capital Improvement Plan and the Fmance
Plan.
The Capital Improvement Plan consists of several elements. The project description is a
narrative explaining each capital expenditure by function. The capital improvement
project schedule lists expenditures by year over the five year period. The Funding Source
Summary traces all expenditures and revenues in and out of each of the various funds, and
tracks fund balances during each capital improvement fiscal year. The section entitled
"Projects Not Assigned a Year" is a list of projects which have been identified but not
developed enough or attained a high enough priority to be scheduled at this time.
The Finance Plan section is a summary of general fund appropriations for capital projects
over the five year period of the CIP. Also included in this section is a sample Capital
Improvement Budget Resolution which would have to be passed separately for the first
year of the program, 1999. It budgets capital purchases and projects for the year.
The Capital Improvement Program is an important element of the comprehensive planning
process. See Step 4: "plans, projects, programs" of the Comprehensive Planning Process
Chart on Page 2. It is the bridge between policy planning and implementation. It is the
direction the City will take over the next five years and beyond in undertaking and
financing capital improvements consistent with the City's Comprehensive Plan. With this
Capital Improvement Program, the City Council is integrating the City's physical needs
with financial resources. This CIP is a transitional document in that the City is in the
process of revising the Comprehensive Plan.
It is important to recognize that needs, resources, and projections change over the years.
Therefore, it needs to be a fluid program, with review and update at least annually. It is
reviewed and updated based upon priorities established by the City Council each year. It
is a very important financial planning document as it projects the City's capital
improvement needs and identifies financial resources to meet those needs. It clearly
identifies areas where policies are lacking and where problems may arise in the future.
Each project which is identified in this program must be approved by the City Council
under normal processes. A typical project public improvement process is shown as a
separate Appendix.
1
II. CAPITAL IMPROVEMENT PLAN
This section of the Capital Improvement Program explains proposed capital projects and
expenditures by function: water, Minnesota State Aid roads, local streets, stormwater
management, sanitary sewer, public facilities, equipment, parks and trails. It consists of a
project narrative, a project schedule, and a funding source summary which traces the
affect of the scheduled projects on the various funds in the City.
2
Comprehensive
Planning Process
1
Planning Tactics
2
Planning Inventory
Physical - Economic - Social
Land
Use
Trans- Community
portation Facilities
Population ~~:;
Market
Potentials
Policy Plan
3
Inventory
analysis
Goals and
objectives
Planning and development
policies plan
4
Plans, Projects, Programs
5
Implementation
A. WATER
1. Project Descriptions
a. Woodhaven Well House
In November of 1997, a leak occurred in the 4,000 gallon pressure tank for the Woodhaven well. During
repairs to this. tank, a preliminary inspection of the interior proved that there were many areas in the
bottom of the tank that are deeply pitted. If not repaired, these depressions will also lead to additional
leaks from the tank.
This project was originally scheduled for the fall of 1998. Due to other priorities, this project is being
rescheduled for the fall of 1999 when the peak demand for water decrease from the summertime months.
It is anticipated that costs for this restoration are estimated at $6,000.
b. South East Area Wellhouse PiDe Linin!! Proiect
In the Spring of 1998, a leak occurred inside the southeast area water plant. During repairs to the pipe
section, it was determined that there was additional damage to the ductile iron pipe which passes through
the foundation wall of the wellhouse which supplies water to the distribution system. The bottom of this
pipe has severely pitted due to the acidity of the chlorine and fluoride added to the water immediately
prior to entering the distribution network. It is very common to have a pipe that pits at the point of
chemical injection until the chemicals have a chance to be diluted by the water being supplied. This
dilution usually happens approximately 30 feet from the point of application.
Left unresolved, the continued erosion of this pipe will result in a leak immediately outside the
foundation wall of the wellhouse. Due to the close proximity of a large NSP transformer to this pipe, a
leak in this pipe would place the water plant out of commission for a minimum of 48 hours.
Staff investigated several options to repair this pipe. Due to the size and proximity of the power
transformer, conventional trenching for replacement of this pipe is cumbersome, and cost prohibitive.
The preferred alternative is to reline the pipe in place. The lining will be machined to fit this particular
pipe, and will prevent further deterioration of the pipe due to the chemical feed system. Costs for this
repair are estimated at $5,200.
c. Amesburv Well
The Minnesota Department of Health inspects each well on an annual basis. Results of the last inspection
indicate the piping inside the well house has sever corrosion due to the high iron content within the pipe.
Ignored, this will eventually lead to cracks in the pipe and failure of the system.
It is therefore recommended that the piping system be replaced within the well house. Project costs are
estimated at $25,000. This project has been rescheduled for the year 2000.
4
d. Restoration of Wood haven Wellhouse Draina2e System
The floor drain system for the W oodhaven well house has deteriorated where periodic and persistent
problems exist. Due to the health code requirements, a typical service connection to the sanitary sewer
system is prohibited. A separate drain system must be constructed if the system is to be repaired.
Costs for construction of a separate drain system are estimated at $5,500. This project has been
scheduled for the year 2001.
e. Paint-Sealint! Exterior Southeast Watertower
During the last inspection of the exterior of the "bowl" of the southeast water tower, it was determined
that small spots of corrosion are forming on the weld seams of the tank. This project involves doing
minor sandblasting and sealing of the exterior of the tank to prevent the paint from deteriorating further.
This minor maintenance will prolong a total repainting of the water tower for many years. The total cost
of this project is estimated at $15,000 and is being proposed for construction in the year 2003.
2. Project Schedule
a Recondition Woodhaven Pressure Tank $ 6,000
b $ 5,200
c $ 25,000
d Woodhaven Drain Installation $ 5,500
e Paint-Sealin SE Area Water Tower $ 15,000
TOTAL EXPENSES $ 11,200 $ 25,000 $ 5,500 $ $ 15,000
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3. Funding Summary
2001 2002 2003
$ $ 828,258 $ 717,369 $ 618,034
$ $ 236,000 $ 236,000 $ 236,000
$ $ 81,678 $ 81,678 $ 81,678
$ $ 3,500 $ 3,500 $ 3,500
$ $ 21,725 $ 22,017 $ 22,318
$
$
$
$
$
$
Notes:
(1) Approximately $15,000 of the operating expenses is earmarked for pulling and inspection of the
Boulder Bridge well in the year 1999.
6
B. MINNESOTA STATE AID STREETS
1. Project Descriptions
a. CSAH 19/Countrv Club Road/Smithtown Road Intersection Imorovements:
The City of Shorewood has petitioned Hennepin County for the installation of a traffic signal at this
intersection. A preliminary study was performed by Hennepin County and has determined that this
intersection ranks within the top ten intersections within Hennepin County which warrant the
installation ofa traffic signal. Hennepin County has identified this project as part of their 1999 CIP.
The City has expressed a desire for installation of the traffic signal to occur during the 1998
construction season. A traffic study for the Country Club Road, Yellowstone Trail, and Lake Linden
corridor is underway during 1998 to examine ways to promote traffic on CR 19 to remain on the
county road to access TH 7, versus utilizing the local roadways. This analysis and any right of way
acquisition should occur in 1998. Construction will occur in 1999.
Costs associated with the project are $8,000 for the traffic analysis, and $120,000 dedicated to design
and construction. Hennepin County has indicated that their share of the costs is approximately two
thirds of the construction costs of the signal, excepting any right of way required for these
improvements. Right of way costs can not be determined until such time as the traffic study is
completed and a concept layout has been approved.
Realizing that cost for the right of way vary greatly, funds have been "earmarked" as part of this CIP
as follows:
· Traffic Analysis
. 113 signal cost and Construction
. Right of Way Cost
$ 8,000
$120,000
$ 47,000
Therefore it is estimated that the City's costs will be approximately 175,000, including soft costs.
b. Eureka RoadlTrunk Hhzhwav 7 Intersection Imorovements:
The Minnesota Department of Transportation (MnIDOT) has requested the improvement or closure to
several intersections with State Trunk Highway 7 (TH 7). Of the intersections identified, it has been
proposed to improve the intersection of Eureka Road with TH 7 by the addition a right hand turn lane
for traffic making the movement from southbound Eureka Road to westbound TH 7.
As part of the negotiations with MnlDOT, they have indicated that a substantial portion, if not all of
the costs to the City for this improvement would be paid by the state. It is anticipated that there may
be a minor portion of the project which would need to be allocated from the MSA funds which would
not be covered under this cooperative agreement. These items may include easements or additional
right of way which are not eligible for compensation by the MnlDOT cooperative plan. These costs
would however be eligible under MSA funding versus this particular cooperative agreement.
Therefore $9,000 ofMSA funds have reserved for this project. As stated earlier, the balance of the
7
total project cost would be paid by the Minnesota Department of Transportation, if approved by
MnlDOT.
c. Old Market Road Retainin2 Wall:
The retaining wall which is within the Old Market Road right of way immediately adjacent to the east
property boundary of the cemetery located at 5555 Covington Road has failed structurally.
This wall is constructed as a three tiered wall. The bottom tier is a boulder gravity wall and is in
reasonable condition. Over the years, the Public Works Department has reconstructed small portions
of this wall due to torrential downpours.
The top two tiers of this wall are constructed as a timber retaining wall with a metal augured anchoring
system. This type of wall operates both with gravity of the back-filled material combined with the tie
back anchoring system. The top two tiers of this wall have failed. Currently, there is a crevasse
approximately 3/4 to 1 inch wide where the wall has sloughed forward and is being held in place only
by the augured anchors. Pending any extremely large rainfall events, the wall will remain in place until
repairs can be made.
Unfortunately, it will be very difficult to reconstruct the top two tiers. The bottom tier does not
provide adequate foundation or working room to reach the top two tiers with heavy equipment. A
temporary platform or large machine capable of reaching the top of the wall system will be required to
repair these walls. Because of the complexity of working around the existing anchoring system, lack
of working room, and the vertical and horizontal "reach" distances required, this repair will be costly.
It is estimated that the repairs to this wall will cost approximately $45,000.
d. Smithtown Road:
Smithtown Road from Eureka Road north to Country Club Road may be reconstructed or reclaimed in
the near future. The reconstruction of Smithtown Road has been considered previously, however
controversy regarding the width and trail issue sidelined this project. Total cost of the project is
$1,136,230 for full reconstruction. Due to several issues yet to be resolved, this project has been
shown in the year 2001, and is subject to change as issues are resolved.
8
2. Project Schedule
a CR 19/5mithtown Si nal $ 175,000
b Eureka Road - TH 7 1m rov. $ 9,000
c Old Market Road Ret. Wall $ 45,000
d Smithtown Road $ 1 ,136,230
TOTAL EXPENSES
$ 229,000 $
$ 1,136,230 $
$
3. Funding Summary
1999 2000 2001 2002 2003
$ 1,611,847 $ 1,551,958 $ 1,751,069 $ 859,200 $ 1,058,311
MSA Contributions $ 212,861 $ 212,861 $ 212,861 $ 212,861 $ 212,861
Transfer To/From Local Streets $ $ 45,250
Transfer To Trail Fund
$
$
Endin Cash Balance 12/31 $
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C. LOCAL STREETS
1. Project Descriptions
a. Noble Road from Grant Lorenz to 670 feet West:
This section of pavement extends from Grant Lorenz to 670 feet west of Grant Lorenz. This is the older
section of Noble Road and has deteriorated to a condition close to the condition of Strawberry Lane prior
to restoration. The subgrade or base materials have become saturated to a point where there is severe
rutting and heaving of the roadway. Since most of the new home construction of the Heritage Development
has been completed, commercial truck traffic should return to the normal traffic loading.
This portion of roadway is currently constructed with concrete curb and gutter and a bituminous surface.
Since the roadway would be reconstructed to it's current features and width, this project has been
recommended for the 1999 construction season. In this case, severe frost heaving and deformation of the
roadway suggest that. this roadway would not be a candidate for pavement reclamation. Therefore, the cost
of reconstruction for this segment of roadway is $174,200.
b & c. Mallard Lane and Teal Circle:
These two streets have required a substantial amount of patching each year. The subgrade shows severe
signs of high moisture content with little subgrade strength remaining. Base materials appear to be very thin
under the asphalt surface. Therefore, these roadways are not candidates for pavement reclamation and
would require full reconstruction. In an effort to improve the communication process, full pavement
reconstruction projects have been scheduled out on a two year process if the design elements involve drastic
changes from what the existing roadway is.
This allows for adequate time to adequately seek and evaluate input from local neighborhoods, and to
acquire any right of way needed for each project, and seek out any drainage problems that exist for the
neighborhood.
Projects d through j are listed in the following project schedule table in accordance with the pavement
inventory program. These will be re-evaluated through the annual pavement inventory and CIP updates and
are subject to change as pavement conditions warrant.
d. Shore Road
e. Brandt Circle
f. Amlee Road
g. Manitou Lane
h. Wood Duck Circle
i. Maole Rid2e Lane
j. Wed2ewood Drive
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Various Access Imorovements & Closures to Trunk Hi2hwav 7:
During 1997, the Mn/DOT requested that the City of Shorewood participate in several access closures and
improvements to TH 7. The City Council held public information meetings, conducted a mail survey of
affected property owners, and participated in a traffic study commissioned by Mn/DOT.
Input received during public feedback portion of the study indicated that several of these access points were
being used as a short cut through local neighborhoods to access TH 7. Of particular concern is traffic
originating from the Country Club Road/CR 19 intersection, traveling south on Country Club Road to the
various access points which intersect TH 7. It is desirable that traffic which utilizes these short cuts to TH 7
remain on CR 19.
Under Mn/DOT's program, these access closures and improvements would be completed by the City of
Shorewood. Mn/DOT will participate by funding the projects. Under the proposal, a few intersections were
considered for closure, while the remaining will require improvements to. handle the anticipated increase in
traffic from the closure of the other intersections along TH 7.
The intersections which were approved by the Shorewood City Council for closure to
TH 7 and submitted for competitive funding by Mn/DOT are indicated below with the associated cost for
closing the access.
k. Lake Linden Drive with TH 7.
I. Wood Drive with construction of a cul-de-sac.
m. Pleasant Avenue with TH 7
n. Seaman's Drive with TH 7
$45,000
$30,000
$42,000
$59,000
These access closures will occur during the 1999 construction season.
o. Shorewood Shoooin2 Center Access:
This project involves the realignment of the north leg of the intersection adjacent TH 7 and TH 41 with the
creation of dedicated center left turn lane both north and southbound, creation of a through lane northbound
on TH 41, construction of a free right turn lane for traffic heading from Lake Linden Drive to westbound
TH 7, and traffic signal improvements.
Currently, the north and south legs of this intersection do not align with each other. This realignment of the
north leg of the intersection with creation of the turn lanes suggested above, will increase the capacity of
these intersections. In addition, emergency vehicle preemption (EVP) devices will be added to the signal
system to allow emergency response vehicles to pass through the intersection on a green light.
During the preliminary design process, MN/DOT incorporated a joint project to improve the geometrics of
State Trunk: Highway 41 with Shorewood's project of the realignment of the north leg of the intersection.
MN/DOT has decided that the entire signal system located within this intersection needs to be replaced, as
the existing signal system is 16 years old.
MN/DOT is utilizing surplus funds for a large portion of this project. Although this project has been listed
for construction in 1999, funding constraints may push this off to the year 2000. The final decision for a
letting date will not be known until June 1, 1999. The City's portion of the realignment is estimated to be
12
$150,200. It is hawever anticipated that Mn/DOT will reimburse the City far the entire amaunt thraugh the
cooperative agreement. In additian, the City will need to fund ane quarter of the signalizatian casts using
MSA funds, since replacement of the signal was not part of the original cooperative agreement.
2. Project Schedule
RecoD
(R)
Recl'm
Pro . Street Dist M 1999 2000 2001 2002 2003
a Noble Road 670 R $ 174,200
b Mallard Lane 430 R $ 169,335
c Teal Circle 160 R $ 89,930
d Shore Road 625 R $ 115,903
e Brand Circle 360 M $ 104,680
f Amlee Road 750 M $ 45,394
Manitou Lane 360 M $" 17,545
h Wood Duck Circle 900 M $ 53,574
250 M $ 18,367
2795 R $ 593,809
k Close Lake Linden N/A N/A $ 45,200
Close Wood Drive N/A N/A $ 30,000
m Close Pleasant Ave N/A N/A $ 42,000
n Close Seamans Dr N/A N/A $ 59,000
0 TH 7 & TH 41& Si 'I N/A N/A $ 180,200
TOTAL EXPENSES $ 530,600 $ 375,168 $ 167,619 $ 73,943 $ 593,809
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3. Funding Summary
Tfr - 5% to Trail Fund 3
Over1a Pro"ects
Bituminous Patchin
Sealcoatin Pro'ects
5.0%
Endin Cash Balance 12/31
Notes:
1. The City levies funds for the overlaying and rehabilitation of local City streets. The Street
Rehabilitation Fund is established as a pool for these funds. Revenues are budgeted transfers from
the General Fund.
2. The General Fund Contribution shown in the funding Summary Table is an aggregate total of several
parts. Each year the contribution toward Local Roadway reconstruction or pavement reclamation is
as follows:
Year Portion of General Contribution
1999 $193,000
2000 $213,000
2001 $233,000
2002 $253,000
3. The remaining portion of the General Fund Contribution funds the Transfer to the Trail Fund and the
City's Sealcoating efforts. For example in the year 1999:
General fund Transfer:
$193,000
+ 80.000
$273,000
+ 55,000
+ 32.000
$360,000
ReconstructionlReclamation (increases $20,000/yr)
Overlay Efforts
Subtotal (5% or $13,650 Transfer Trail Fund)
Sealcoating Efforts
Bituminous Patching
Total
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D. STORMWATERMANAGEMENT
1. Project Descriptions
During 1998, the City of Shorewood commissioned WSB and Associates, Inc. to prepare a stormwater
management plan. This plan is to generate 1.0 foot aerial topography for the City and to outline and
prioritize the entire stormwater management projects and management.
It is estimated that a complete stormwater management plan will cost the City of Shorewood
approximately $90,000. As part of that plan, aerial topography was performed in the spring of 1998.
Both digital and mylar productions will be delivered to the City by mid September of 1998.
The stormwater management plan is to identify key ponding areas and drainage improvements to be
completed to "manage" the sub-watersheds of the City of Shorewood. For several years, the City has
listed two larger projects known as the Glen Road Drainage Project and the Grant Lorenz drainage
project as key projects. The viability of these projects is to be determined by the stormwater management
plan. At the time of this report, the projects and priorities have not been decided. It is expected that
these will not be decided until early December of 1998.
Therefore, the two larger projects of Glen Road and the Grant Lorenz Drainage Project have been moved
to unscheduled projects pending completion of the stormwater management plan. A funding summary
has been shown just for a bookmark as to the current status of the fund.
2. Project Schedule
TOTAL EXPENSES
$
$
$
$
$
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3. Funding Summary
1999 2000 2001 2002 2003
$ 158,213
Utilit Fee Revenue $
General Fund Contribution $
Mainterance Ex enditures $
5.0% $ 4,755 $ 5,674 $ 6,616 $ 7,581 $ 8,571
Endin Cash Balance 12/31 $ 194,968 $ 232,643 $ 271 ,259 $ 310,840 $ 351,411
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E. SANITARY SEWER SYSTEM
1. Project Descriptions
a. Winn2 for Backup Power for Lift Stations:
It is proposed to rewire the sanitary sewer lift stations to accept backup emergency electrical power.
Currently, if a lift station fails, the City must depend on an emergency pumping service to monitor the
stations and keep up with the demand, as flows dictate. During 1997, the City of Shorewood
experienced three major storm events which eliminated electrical service to 6 or more lift stations
simultaneously. Again in 1998 during the May 15th and May 31st storm events, the City paid in excess of
$6,500 to pump lift stations during power outages.
These type of events where more than two lift stations are without electrical service usually occur when
major electrical power substations which serve the lake area have been damaged by high winds, ice, or
both. Under these circumstances, contractors who provide emergency pumping services are in high
demand by all of the communities who are powered by the electrical substation, and can only service one
municipality for a certain blocks of time. In the event that six lift stations are without power, as has
happened during the previous year, it is a race against time and availability of the contractor to keep the
system from causing damage to surrounding homes.
By the addition of the proper wiring to each control panel in the lift stations, the Department of Public
Works can cycle each lift station with a backup emergency generator.
Each lift station will be rewired to correspond to the emergency generator which has been programmed
as part of the equipment schedule within the CIP. In addition, this wiring pattern also corresponds to a
new standard being promoted by the Lake Area Public Works Directors. This standard will ease the use
of a neighboring City's generator. It is estimated that the total cost of wiring all of the lift stations will
be $17,000.
b. Lift Station Rehabilitation Pro2ram:
Periodic inspection and rehabilitation of the lift stations is required to insure smooth operation and
satisfactory service to the residents of Shorewood. One lift station failure can result in tens of thousands
of dollars in damage to adjacent homes. In 1994, the City undertook the conversion of a few of the
older lift stations to more modern, lower maintenance type systems. Most of the remaining systems
were installed in the 1970's and are due for inspection and rehabilitation.
It is anticipated that each lift station rehabilitation will cost approximately $30,000 each, with two lift
stations per year being scheduled. Due to the extensive work and cost involved with the Enchanted
Point lift station, this will be the only lift station to be rehabilitated during the 1999 construction season
at an estimated cost of $50,000.
17
.
c. Inflow and Infiltration a&D Control Study:
1&1 reduction is desirable from both an economic and environmental standpoint. Reducing the amount
of clear water in the sanitary system should reduce the charges levied by the Metropolitan Council
EnvironmentaI Services (MCES) and reduce the operating time of the lift stations.
On November 19,1996 the City of Shorewood entered into a Grant Agreement with the Metropolitan
Council Environmental Services Division (MCES) to evaluate the Inflow and Infiltration (III) of clear
water into the sanitary sewer system. The grant is part of an ongoing program to reduce the amount of
III across the Minneapolis-metropolitan area.
During the period of July 20 and July 29, 1998, the City utilized the. services of Visu-Sewer Clean and
Seal, Inc. to televise 29,729 feet of sanitary sewer pipe. Enchanted Island and aIong the Shorewood -
Deephaven municipal boundaries were identified as a priority areas suspected of high III rates.
Enchanted Island contained significant points of III. The Shorewood - Deephaven portion contained
dips and sags in the pipe. In total, the inspections identified approximately 35 gaIlons per minute
entering the system.
Various repairs have been lumped together for construction in 1999. The lump sum cost of the repairs is
estimated at $22,000.
d. Cleanin2 and Televisin2 of the Sanitary Sewer System:
The City of Shorewood currently has a contract with Visu-Sewer-Clean and Seal to perform cleaning of
the entire sewer system over a five year period. This equates to approximately 49,600 feet of sewer
main per year. The contract for this service will be complete at the end of the 1999 calendar year.
Prior to 1998, the City has contracted to have sanitary sewers cleaned but not televised. As part of the
1998 CIP, the City began to televise sewers to identify problems within the system. Problems can vary
from cracked joints which let inflow of groundwater into the system, to nearly collapsed lines which can
result in expensive damage to adjacent homes.
The CIP has programmed an annuaI expenditure of $16,000 annually ($4,000 cleaning and $12,000
televising for 1999). This effort will outline the following years CIP repairs to the system.
e. Sanitary Sewer System Extensions:
The existing trunk sewer system is adequate to serve the anticipated development over the next five
years. Any local extensions are anticipated to be paid for either through development or assessment at
the time of petition.
18
~
2. Project Schedule
a $ 17,000
b Enchanted Point Lift Station Rehab $ 50,000
c Infiltration Reducion & Re airs $ 22,000 $ 22,000 $ 22,000 $ 22,000 $ 22,000
d Remainin Lift Station Rehabs 2 Per Yr $ 60,000 $ 60,000 $ 60,000 $ 60,000
e $ 16,000 $ 16,000 $ 16,000 $ 16,000 $ 16,000
f $ 80,000 $ 80,000
TOTAL EXPENSES $ 105,000 $ 178,000 $ 98,000 $ 178,000 $ 98,000
Notes:
(1) The Metropolitan Council of Environmental Services (MCES) is anticipating a $40,000 matching
grant in the year 2000 and the year 2002. The City would match the $40,000 for a total expenditure
of $80,000. The grant revenue has been shown in the Funding Summary Table for the years 2000 and
the year 2002.
3. Funding Summary
1999 2000 2001 2002 2003
$ 1,200,000 652,798
Revenue From 0 erations $ 750,000 750,000
$
$
$
40,000 40,000
5.0% $ 25,875 21,322 $ 19,655 14,946 $ 13,120
Endin Cash Balance 12/31 $ 1,060,875 914,197 $ 805,852 652,798 $ 537,918
19
.
F. PUBLIC FACILITIES AND OFFICE EQUIPMENT
1. Project Descriptions
a. Com outer Eauioment:
Includes 1 computer workstation with 17 inch monitor for the Geographical Information Systems,
color printer. In addition, a color scanner is needed for the newsletter and general office applications.
The estimated cost is $5000 for the year 1999.
b. City Hall Caroetin2:
Replacement of carpeting for the office areas, hallways and coatroom of City Hall is scheduled for the
year 2000.
c Cooier Reolacement:
The last time the copier was replaced at City hall was in 1993. It is hoped that it will continue to work
well through the year 2001 at which time it will take a secondary status to a new machine.
2. Project Schedule
a
$ 5,500
b
$ 7,000
TOTAL EXPENSES
$ 15,000
$ 5,500 $ 7,000 $ 15,000 $
$
c
20
.
Fund Balance Jan 1
Gen Fund Contrib for Office E ui
Office E ui ment Purchases
Public Facilities Pro'ects
Transfer to Trail Fund
Interest Income @ 5%
Total Fund Balance Dec 31
Desi nated for Office E ui 12/31
Undesi nated Fund Balance 12/31
3,516
73,840
44,500
29,340
4,442
93,282
59,500
33,782
21
..
G.EQUIPMENT
The Equipment Replacement Schedule, as laid out on the next page, identifies the year
that each piece of equipment is likely to need replacement. The overall purpose of the
schedule is to help us identify the financial resources that will be necessary to maintain an
economical Public Works fleet that meets the City's needs. It is important to understand
that the replacement schedule is typical for each piece of equipment. It is the City's policy
to replace vehicles when necessary, not just when scheduled. If a vehicle's life can
reasonably be extended beyond when it is scheduled for replacement, it will be done. If a
vehicle has a record of costly repairs and an analysis indicates early replacement will be
cost effective, the vehicle may be moved up in the schedule. All such schedule changes
are done with City Council approval.
Several pieces of equipment have been extended heyond the original estimated
replacement schedule. The Sweeper was originally scheduled for replacement during
1997. Although there have been several costly repairs completed to this vehicle, the
decision has been made to forego major trade in value in exchange for operational life of
the machine. Therefore, replacement has been extended yet another year to the year 2000.
Similarly, a 1988 Ford Dump Truck (Unit 33) was scheduled for replacement in 1998.
Staff decided that replacement could wait until 1999. This vehicle as of late has been
showing an increased number or serious repairs. More importantly, breakdowns of this
vehicle have impacted the level of service the Department of Public Works is able to
provide during major events. During the storms of 1998, this vehicle broke down on two
separate occasions forcing staff to take this out of service during these events. Therefore,
this unit is proposed for replacement in the spring of 1999.
Several other trucks have been extended out in the equipment schedule. These have been
noted in the schedule as appropriate,
The last purchase scheduled for 1999 is a portable generator for the sanitary sewer lift
stations. This item will be funded by a transfer of $30,000 from the sanitary sewer
The funding source summary illustrates where dollars will come from to fund the
equipment schedule.
22
EQUIPMENT REf'LACEMENT SCHEDULE APPENDIX IV
Rev 1'18,88
UNlT ACQ UFE YRDF 1ST, COS 1 8 8 10 11 12 13 14 16 18 11 18 18 20 21 22 23 24 26 28
NO. DESCRIPTION DATE fVRS. REPlCMT BASIS 1888 188& 2000 2001 2002 2003 2004 2006 2008 2001 2008 2008 2010 2011 2012 2013 2014 2016 2018 2017
1 '11 ROSCOE ROLLER 16 1888 10.800 14,108 21,823
21 '81 TRAIL KING TRAlLElI 20 2001 4,100 5,884
22 '81 FORD 566 8ACKHOE 16 2002 48.000 12,181 114.423
32 '88 eEUTHlINO ROLLER 16 2003 10.800 11,518
33 '88 FORD L8000 DUMP 10 1888 60.000 80,061 101.643
35 '88 FORD 3810 TRACTOR 16 2003 18.000 26,118
38 '88 M081L SWEEPER 10 1888 112.000 161,141 266.348
38 '80 INGERSOlURAND AIR COMPRESSOR Ii 2005 11,800 20,848
40 '80 JOHN DEERE AMT 822 1 1881 4,100 12,040
41 '80 TOPS TRAILER 20 2010 1,180 2.803
42 JACKSON TANDEM AXLE TRAILER 20
44 '81 TORO GROUNDSMASTER 1 1888 14,_ 18,008 21.018 40.111
45 '88 FORD WATER TRUCK 16 2001 25,000 60,128
48 TENNANT FLOOR SWEEPER 5/82 10 2002 2,600 3.618 8,404
41 '82 FORO FI60 4X2 PICKUP 8/82 1 1888 18,000 24.280 32,608 48,811
48 '83 TORO GROUNDSMASTER W/8 3/83 1 2000 11,183 20,813 30,886 48,804
48 '83 FORD F360 .. FLATBED 4183 16 2008 20.385 38.022
60 SPEED AWARENESS DISPLAY 12/83 10 2004 12,206 18.608 33,141
51 TRAILER MOUNTED WATER PUMP 3/86 20 2003 3.200 6,143
62 . 84 FORD F360 DUMP 1/84 5 1888 30,460 32.648 43,661 68,288 18,004
42"48' WAlK 8EHIND MOWER 6/86 16 2010 2.380 4,618
EDWARDS S1DE,MOUNT FlAIl M 4186 Ii 2010 8.200 11.888
63 '86 FORD F360 4X4 PICKUP W/Pl 8/85 1 2002 26.000 30,028 45,141 81,886
fi4 '88 FORD LN8000 DUMP W/PlOW 8I8li 10 2006 80,600 88,fi42 lfi4.883
66 '86 FORD F360 4X4 PICKUP W/Pl 8I8li 1 2002 22,100 21,283 40,_ 38,813
58 '86 CAT 1T28F LOADER 8/85 20 2016 146,462 312,804
61 '86 TORO GROUNDSMASTER 4/86 1 2002 14.284 11,131 26,168 38,640
88 FELLING EQUIP TRAlUR (DOU 8188 20 2018 8.160 16,lfi4
88 1400 CAT GRADER 6/88 20 2018 '".836 388.880
88 163 MELROE 808CA T 6/88 5 2001 14.184 16,181 21,118 28,282 31.821
85 SERECO SEWER JETIER 8/88 20 2018 18,600 60.236
81 SKI DOG SNOWM081lE 11188 8 2003 8,830 1.883 11.813 18.003
lIIl FORD 860C DUMP TRUCK 10/81 10 2001 88,803 88,848 118,814
lIIl FORD 8600 DUMP TRUCK 10/81 10 2001 88,803 88,848 118,814
81 SANDPRO 8/81 10 2001 1,110 11,116 18.804
88 MOIllLE GENERA TOR SET 1/20 20 2020 30,000 30,000
ANNUAl TOTAlS 18,081 88,632 188,483 40,012 160,111 68,341 82.083 134.688 63.826 282.636 148,686 426,638 31,182 40,302 41,122 48,811 186.812 814,382 668,884 688.868
~
1. INFLATION ON EQUIPMENT COST SET AT 8" PER ANNUM
2. INTEREST ON CAPITAl FUND IIAlANCE IS AT 6" PER ANNUM
3, REPlACEMENT COST IS AT 16" OF ACTUAl, AllOWING FOR SAlVAGE VAlUE
4. REf'LACEMENT COST INClIJDES SAlES TAX AT 8,60"
COST/8AS1S WAS SET IN 1881 FOR All EQUIPMENT PURCHASED 8EFORE 1881, AND
INFLATION IS CAlCULATED FROM 1881 VAlUE, FOR EQUIPMENT PURCHASED IN 1881 AND
THEREAFTER INFLATION IS CAlCULATED FROM DATE OF AOUISlTION.
..
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CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (612) 474-3236
FAX (612) 474-0128. www,state.netlshorewood. cityhall@ShorewOOd.state.net
Executive Summary
Shorewood City Council Meeting
Monday, September 14,1998
Council members should come to the Council Chambers at 6:30 p.m. for a
picture to be taken.
.:.
Agenda Item #3A: This resolution authorizes a merit payment to receptionist/secretary
Pamela Helling for obtaining the skills necessary and maintaining the City's web page.
This is well beyond the expectations of the job.
Agenda Item #3B: This motion establishes the Annual Fall Yard Waste Clean-up Day as
Saturday, October 24, 1998. This is also the date for the Minnetonka Rake-a-Thon,
which is a program which provides free raking service to the elderly of the community.
Agenda Item #3C: The Waterford Homeowner's Association has requested a pennit to
construct an area identification sign at the north end of Old Market Road. The sign in
consistent with Zoning Code requirements and the Planning Director has recommended
approval of the pennit subject to certain conditions. Approval requires a simple
majority vote of the Council.
Agenda Item #3D: The City Council budgeted transfers of monies to and from various
funds for capital improvement and other purposes in the 1998 Operating and Capital
Improvement Budgets. This resolution authorizes the transfer of funds as provided for
in the budgets.
Agenda Item #5: A representative of the Lake Minnetonka Communications Commission
will be here to describe to the City Council the franchise renewal agreement that is
proposed between the LMCC and Triax Cablevision. The City Council does not take
action on the agreement. Our Communications COmmission representatives vote on
our behalf on the agreement.
Agenda Item #7 A: Bill Blegen has requested final plat approval to subdivide Lot 3 of
Waters Edge Fourth Addition into two lots. This division was anticipated in the
development agreement for the original plat, and requires the removal of Mr. Blegen's
existing house. Approval is recommended subject to conditions which will ensure that
the house be removed within a specified period of time. Council approval requires a
simple majority vote.
n
tJ PRINTED ON RECYCLED PAPER
-
Executive Summary for Council Meeting June 22, 1998
Page 2 of 2
Agenda Item #7B: Upon adoption of the Code amendments regulating adult uses, the City
Council directed staff to draft a policy whereby residents located near a proposed adult
use facility would be notified of pending license application reviews. The enclosed
resolution establishes a 500 foot radius for notification of property owners. Approval
of this resolution requires a simple majority vote by the Council.
.
Agenda Item #7C: This resolution establishes a license fee for adult use facilities. Council
approval requires a simple majority vote.
Agenda Item #8: KMC Telecommunications has requested approval of an agreement for
the use of right of way for the installation of a fiber optic line for the transmission of
data and to serve as a competitor of other telecommunications vendors. This agreement
authorizes the installation of overhead fiber optic line in areas where overhead utilities
already exist. KMC agrees that at any time the roadway is to be reconstructed,
alignment change or other changes which warrant undergrounding the other utilities
already present, they will agree to underground their utility at no cost to the City.
If the City council agrees that this is a viable utility that would serve the residents of
Shorewood well, then a motion authorizing the mayor and City Administrator to enter
into an agreement with KMC contingent upon review and approve by the City Attorney
would be in order.
Agenda Item #9: Based upon a request by Our Savior Lutheran Church, staff has
recommended a draft amendment to the Transient Merchant Code, which would allow
the Church to sell Christmas Trees without having to obtain a conditional use permit.
Approval of the amendment requires a simple majority vote by the City Council.
Agenda Item #10: This action would be a motion to adopt the Shorewood Emergency
Preparedness Handbook which has been reviewed by the City Council in a work
session. It is to be used as a brief local supplement to the main Emergency Operations
Plan.
.
Agenda Item # 11: The preliminary property tax levy must be adopted by the City Council
and certified to the County Auditor by September 15 of each year. This resolution
establishes a preliminary property tax levy for the 1999 budget year. This sets the
maximum amount that the City may levy for 1999 at $1,862,058.
Agenda Item #12: This resolution establishes December 7 and 14 as the dates for the Truth
in Taxation Hearings for the 1999 Budget and 1998/99 Property Tax Levy. These
dates must be certified to the County Auditor by September 15 of each year.
Agenda Item #13B: The Planning and Park Commission reports should describe their
discussions on the proposed land sale. Following these reports, the City Council
should give further directions to the staff on information the Council would like to see
and any additional steps that should be taken before a decision is made.
Following the regular portion of the meeting, the Council will meet in work session format
to begin discussions on the five year Capital Improvement Program.,
CITY OF SHOREWOOD
CITY COUNCIL WORK SESSION MEETING
MONDA Y, AUGUST 17, 1998
COUNCIL CHAl\
5755 COUNTRY
7:00 P.M.
DRAfT
MINUTES
1. CONVENE CITY COUNCIL WORK SESSION
Mayor Dahlberg called the meeting to order at 7:00 p.m. and reported the Council met in Executive
Session from 6:30 to 7:00 p.m. to review the status of litigation matters with the City Attorney.
A.
Roll Call
Absent:
Mayor Dahlberg; Councilmembers O'Neill and Garfunkel; Administrator Hurm;
City Engineer Larry Brown
Councilmembers Stover and Champa
Review Agenda
Present:
.
B.
Mayor Dahlberg reviewed the Agenda for August 17, 1998. The agenda was approved as
submitted.
2. 7:00 . 7:30 p.m. TOUR BADGER WELL HOUSE
3. 7:30 . 8:00 p.m. INTERVIEW WITH GARRETT LYSIAK,
COMMUNICATIONS SPECIALIST
Administrator Hurm introduced Garrett Lysiak and suggested the Council consider hiring Mr.
Lysiak as a professional consultant for assistance in drafting an ordinance relative to the location of
telecommunications facilities in the City of Shorewood.
.
Mr. Lysiak explained he currently represents several other municipalities relative to the
telecommunications issue. He briefly reviewed his experience and qualifications and outlined the
issues which will need to be addressed relative to the location of telecommunication facilities within
the City.
Mr. Lysiak reviewed his fees for this professional service and explained all of his work will be
performed on a time and material basis. He stated he will not charge for telephone calls and
encouraged the Council and staff to call him regarding any other issues in which he may be of
assistance.
It was noted the Council approved a contract for a telecommunications specialist at the August 10,
1998, meeting of the City Council.
..w-;t
,
II
CITY COUNCIL WORK SESSION MEETING MINUTES
AUGUST 17, 1998 . PAGE 2
4. 8:00 . 9:00 p.m. DISCUSSION OF EMERGENCY PREPAREDNESS
ORDINANCE AND PLAN
Chief Rick Young and Sergeant Bryan Litsey were in attendance to address the Emergency
Preparedness Ordinance and Plan. Administrator Hurm explained Chief Young and Sergeant
Litsey have been working with the other Emergency Management Directors over the past two years
establishing the Lake Minnetonka Regional Emergency Management, Preparedness Planning and
Review Committee. The committee has developed a plan which will be presented for adoption to
each of the 14 cities involved.
Chief Young explained as a part of the regional plan, it will be necessary to pass an ordinance.
Each city currently has an ordinance which is required by State law, however, this ordinance is
much more detailed and may be tailored as each City sees fit.
Hurm pointed out when the Chief of Police assumes the role of Emergency Management Director,
it would be customary for him to assign his duties as the Chief to his second in command since
these are two separate jobs.
Hurm explained the responsibilities of each position, such as Mayor and Councilmember, should .
be reviewed to ensure each person is comfortable with the responsibilities which are assigned to
them. It is anticipated a table top simulation will be conducted at some point.
Chief Young noted another positive aspect of the plan is that in the case of a disaster type situation
in Shorewood, the other Emergency Management Directors would come to Shorewood to assist
just as Shorewood would respond to the needs of another member community.
Mayor Dahlberg questioned whether simulations are required. Chief Young noted the City is
required to exercise its plan once per year. It is also required that a full scale exercise be completed
every four years. Chief Young noted a full scale exercise was completed approximately three years
ago out on the lake.
Mayor Dahlberg questioned what the most serious disaster would be to occur in the City. Chief
Young felt perhaps a chemical spill would be the most disastrous since this requires notification
and possible evacuation of residents upon very short notice.
Mayor Dahlberg stated he would like to see a matrix which would include a list of the type of .
situations which are contingently possible and judge subjectively the probability of each situation.
He felt this would assist the City in being better prepared for a particular situation if it should arise.
Mayor Dahlberg felt it would be important to determine which situation would be most probable
and the most disastrous. These two variables would then be multiplied by each other to arrive at a
score. The disaster with the highest score is the one which the City must be prepared for because
the return on the investment would be the highest return possible resulting in the most lives saved.
Chief Young explained some sort of exercise must be performed yearly. Councilmember O'Neill
questioned whether it would be detrimental to simulate the most serious disaster rather than the
smaller situations which can arise. Chief Young did not feel this to be the case.
Hurm suggested the Council routinely conduct a work session in January of each year to review
and discuss the Emergency Preparedness Plan.
Mayor Dahlberg stated he would like to see the matrix as soon as possible so that a schedule can
then be set relative to table top simulations of the three most probable disasters.
.,
CITY COUNCIL WORK SESSION MEETING MINUTES
AUGUST 17, 1998 . PAGE 3
Chief Young noted the Police Station is currently designated as the Emergency Operating Center
given the facilities and equipment available at this site. Each City Hall is designated as the alternate
Emergency Operating Center.
Hurm pointed out the Emergency Management Director is in charge. He then reviewed the
responsibilities of the Mayor and City Council in detail and suggested these be reviewed and
discussed in a January work session.
.
Mayor Dahlberg expressed concern there is not a clear line of authority with one individual taking
charge with the authority to make decisions relative to how resources will be distributed.
Engineer Brown commented there is a system in place with Hennepin County. He pointed out
Hennepin County was of great benefit during the storms this summer. Chief Young also felt
Hennepin County to be an excellent resource and pointed out there are County Staff who work
specifically in this area on a full time basis.
Mayor Dahlberg observed that: "When a disaster takes place and the Chief of Police takes over as
the Emergency Management Director, it is a military, not a democratic situation, and the authority
of the Emergency Management Director must be clear. We cannot have the cities arguing over
authority. "
5. 9:00 p.m.. DISCUSSION ON MUNICIPAL CODE SECTION 904.09
PROHIBITED DISCHARGES INTO THE SANITARY SEWER
It was agreed this matter will be discussed at a future meeting.
6. ADJOURNMENT
Dahlberg moved, O'Neill seconded adjourning the work session at 9:00 p.m.
Motion passed 3/0.
RESPECTFULL Y SUBMITTED,
.
Cheryl Wall at, Recording Secretary
TimeSaver Off Site Secretarial, Inc.
ATTEST:
TOM DAHLBERG, MAYOR
JAMES C. HURM, CITY ADMINISTRATOR
CITY OF SHOREWOOD
REGULAR CITY COUNCIL MEETING
MONDAY, AUGUST 24, 1998
COUNCIL CH;l
5755 COUNTR1
7:00 P.M.
DRAfl
. .
MINUTES
1. CONVENE CITY COUNCIL MEETING
Mayor Dahlberg called the meeting to order at 7:00 p.m. The Council did not meet in Executive
Session prior to the regular meeting to review the status of litigation matters as had been originally
intended. At the conclusion of the regular meeting, the Council will convene in Work Session
format.
A . Roll Call
Present:
Mayor Dahlberg; Councilmembers Stover, O'Neill, Garfunkel and Champa; City
Attorney John Dean; Planning Director Brad Nielsen; Engineer Larry Brown;
Finance Director AI Rolek
.
B.
Review Agenda
Mayor Dahlberg read the Agenda for August 24, 1998. Councilmember Stover requested the
removal of Item 3A from the Consent Agenda to be considered separately as Item 4A. The agenda
was approved as amended.
2. APPRO V AL OF MINUTES
A . City Council Work Session Meeting Minutes . August 3, 1998
Dahlberg moved, O'Neill seconded approving the City Council Work Session
Meeting Minutes of August 3, 1998, as submitted. Motion passed 3/0.
(Councilmembers Stover and Champa abstained.)
B . City Council Executive Session Meeting Minutes . August 10,
1998
.
Stover moved, Garfunkel seconded approving the City Council Executive Session
Meeting Minutes for August 10, 1998, as submitted. Motion passed 5/0.
C. City Council Regular Meeting Minutes. August 10, 1998
Champa moved, O'Neill seconded approving the City Council Regular Meeting
Minutes for August 10, 1998, as submitted. Motion passed 5/0.
D . City Council Work Session Meeting Minutes . August 1 0 ,
1998
Garfunkel moved, Champa seconded approving the City Council Work Session
Meeting Minutes of August 10, 1998, as amended on Page 2, Delete Paragraph
12, and insert "Mayor Dahlberg noted as long as the Water Fund is in good
shape, that would be an argument for rebuilding the structure." Page 3,
Paragraph 1, Sentence 1, change to read, "Mayor Dahlberg noted his preference
to be cautious to preserve the fact the Water Fund is in good condition." Motion
passed 5/0.
~b(b
CITY COUNCIL REGULAR MEETING MINUTES
AUGUST 24, 1998 - PAGE 2
. "
E. City Council Executive Session Meeting Minutes _ August 1 7 ,
1998
O'Neill moved, Champa seconded approving the City Council Executive Session
Meeting Minutes for August 17, 1998, as submitted. Motion passed 4/0.
(Councilmember Stover abstained.)
F. City Council Joint Work Session Meeting Minutes _ August
18, 1998
Garfunkel moved, O'Neill seconded approving the City Council Joint Work
Session Meeting Minutes of August 18, 1998, as amended on Page 1, Item 2,
Paragraph 3, change to read, "Councilmember O'Neill questioned how the County
would keep values from excessive increases when an assessment is done.
Motion passed 3/0. (Mayor Dahlberg and Councilmember Stover abstained.)
3. CONSENT AGENDA
O'Neill moved, Champa seconded approving the items on the Consent Agenda and .
Adopting the Resolutions therein:
A . A Motion Adopting, "A Resolution Requesting a Traffic Study
on Shorewood Oaks Drive and Oak Leaf Circle" THIS ITEM
WAS REMOVED FROM THE CONSENT AGENDA
B . A Motion Approving a Temporary Sign Permit for Oasis
Market
Applicant:
Location:
Oasis Market
24365 Smith town Road
C. A Motion Adopting RESOLUTION NO. 98-077, "A Resolution
Providing for Delinquent Utility Charges to be Levied"
D.
E.
A Motion Adopting an Emergency Management Ordinance
A Motion Adopting RESOLUTION NO. 98-078, "A Resolution
Authorizing Publication of a Summary of the Emergency
Management Ordinance"
.
F. A Motion Approving a Contract for Services with Abdo, Abdo,
Eick and Meyer to Audit Financial Statements for the Year
Ended December 31, 1998
Motion passed 5/0.
4.
A.
A Motion Adopting, "A Resolution Requesting a Traffic Study on
Shorewood Oaks Drive and Oak Leaf Circle"
Councilmember Stover expressed concern if the Commissioner of Transportation were to grant the
request setting the speed limit on Oak Leaf Trail at 25 miles per hour and then did not also reduce
the speed limit on Shore wood Oaks Drive, there would be different speed limits on those two
parallel streets. Administrator Hurm noted it would not be required that the speed limit be reduced
to 25 miles per hour if the Commissioner of Transportation were to say it could be lowered.
.
.
CITY COUNCIL REGULAR MEETING MINUTES
AUGUST 24, 1998 - PAGE 3
Brown explained at this time, the traffic reports reflect the traffic on these roadways is very
balanced. The minimum and maximum speeds were within one mile per hour of each other and the
vehicles per day differed by only 20 over the average. It is staffs recommendation that changes be
made only if both requests are approved by the Commissioner of Transportation.
Stover moved, O'Neill seconded adopting RESOLUTION NO. 98-079, "A
Resolution Requesting a Traffic Study on Shorewood Oaks Drive and Oak Leaf
Circle. " Motion passed 5/0.
4. MATTERS FROM THE FLOOR
Bob Gagne, President of the Friends of the Southshore Center, was in attendance and reported
water had run in the west door of the facility. The builder is being aware of this situation since
March of 1997. He requested some action be taken relative to the builder's lack of response to this
situation.
Attorney Dean stated the contractor was found in default and claims are being processed against the
bonding company and others. Engineer Brown stated the drainage issue is being pursued. He
stated the Public Works Department had installed a seal around the door and it has been removed.
Mr. Gagne was opposed to sealing the door, however, Brown explained it was sealed in a way in
which it could be opened as a fire exit.
Mr. Gagne addressed the issue of the Badger Well building and stated it is a metal building which
has not been allowed in the City.
Christine Lizee, 27055 Smithtown Road, addressed the Council and asked she be allowed to raise
questions on a number of the items on the agenda as the Council addresses them. Mayor Dahlberg
explained that to be the tradition of the Council.
5 . PARKS - Report by Representative
A . Report on August 11, 1998 Park Commission Meeting
Commissioner Arnst reported on the matters considered and the actions taken at the August 11,
1998, meeting of the Park Commission (as detailed in the minutes of that meeting).
B. Request for Joint Work Session on September 21 to Review
Results of Park & Trail Report
Councilmember Champa stated he would like the same presentation which was received by the
Park Commission, however, a presentation of this type would take a considerable amount of time
at a regular City Council meeting.
It was felt after the joint work session, this item could return to the Council at a regular meeting for
further discussion.
Councilmember Stover felt there would be a number of people who would be interested in hearing
this presentation and suggested it be televised. Administrator Hurm will investigate this possibility
with the Cable Commission.
The consensus of the Council was to set the joint work session on September 21 to review the
results of the Park and Trail Report. This date is subject to change if it cannot be recorded for
telecast.
CITY COUNCIL REGULAR MEETING MINUTES
AUGUST 24, 1998 - PAGE 4
6. PLANNING - Report by Representative
A. Report on August 4, 1998 Planning Commission Meeting
Planning Commissioner Callies reported on the matters considered and actions taken at the August
4, 1998 meeting of the Planning Commission (as detailed in the minutes of that meeting).
B . A Motion to Consider a Request for a Simple Subdivision
Applicant:
Location:
Tom and Karen Londo
22695 Murray Street
Stover moved, Garfunkel seconded directing staff to prepare a resolution
approving a Simple Subdivision for Tom and Karen Londo at 22695 Murray
Street. Motion passed 5/0.
C . A Motion to Adopt an Ordinance Amendment - Adult Use
Planning Director Nielsen and Attorney Dean reviewed this matter in detail. Attorney Dean .
explained the Council will need to decide whether to include a special provision relative to
notification that such a business wishes to locate within the City.
Mayor Dahlberg stated he recognizes the Council must operate within the context of the First
Amendment, however, he would not have a problem with notification.
Councilmember O'Neill noted other types of businesses in the City do not require a public hearing
and he expressed concern this could leave the City open to a lawsuit based on discrimination.
Councilmember Garfunkel pointed out if a business meets all of the necessary requirements to
locate within the City, the Council could not deny them the ability to establish in the City.
Mayor Dahlberg felt notification and public debate to be two separate issues and he stated
applications would be considered on a case by case basis to determine whether the application
meets the ordinance and the Comprehensive Plan.
Councilmember Stover expressed concern someone could be missed through the notification
process and felt information could be adequately provided through articles in the newsletter. She
stated she would prefer notification not be included as an ordinance provision. 'Councilmember
Garfunkel noted his agreement.
.
Councilmember Champa stated he would favor including a notification provision in the ordinance.
Mayor Dahlberg stated he is comfortable with the ordinance amendment with the understanding it
would be his intent, as a policy issue, to notify the public.
O'Neill moved, Stover'seconded adopting ORDINANCE NO. 338, "An Ordinance
Amendment Relative to Adult Use." Motion passed 5/0.
Councilmember Champa inquired when the Council will receive a policy statement relative to
notification for review. Nielsen explained the Planning Commission will review this matter and
submit their recommendations.
D . A Motion to Adopt a Resolution Authorizing publication of a
Summary of the Adult Use Ordinance
O'Neill moved, Garfunkel seconded adopting RESOLUTION NO. 98-079, "A
Resolution Authorizing publication of a Summary of the Adult Use Ordinance."
Motion passed 5/0.
7. DISCUSSION REGARDING THE PURCHASE OF A SNOWMOBILE
Hurm reported the Excelsior Fire Department anticipates upgrading their equipment and it would be
possible to utilize their's as a backup. He also reported it is possible to purchase a snowmobile
from various dealers at approximately 50 percent cost. Other options would be to ask the other
cities in the police Cooperative if they are interested in having the Police Department purchase a
vehicle; and to solicit donations for the purchase of a backup snowmobile.
Councilmember O'Neill questioned how an additional officer would be funded and whether there
would be increased costs to the City. Hurm explained the police Department is attempting to
obtain grant funds which are used to pay for officer overtime.
Councilmember O'Neill requested Administrator Hurm speak with Chief Young to determine the
costs involved.
CITY COUNCIL REGULAR MEETING MINUTES
AUGUST 24, 1998 - PAGE 5
.
8. CONSIDERATION OF A MOTION REGARDING ASSESSING SERVICES
Administrator Hurm addressed this matter. Councilmember O'Neill asked whether the City would
be able to terminate this arrangement with the Hennepin County Assessor's Office at the end of the
two year time period. Attorney Dean will review the documents to ensure this provision is
included.
Councilmember Champa commented on the August 18, 1998, Council Work Session which was
held relative to securing a City Assessor and stated it was a very positive meeting and he feels
comfortable in utilizing the Hennepin County Assessor's Office.
Councilmember O'Neill expressed some concerns relative to utilizing the County assessors,
however, he pointed out there are limited options available to the City. He also noted senior
assessors will be permanently assigned to the Shorewood area given the atypical properties. The
assessors will be officed in Orono.
Councilmember O'Neill stated one negative point would be the fact the County Assessor's Office
has had a 50 percent turn over in assessors.
Councilmember Garfunkel stated the County assessors have a number of resources available to
them and have had training working with the public in an effective manner.
Scott Zerby, 5680 Christopher Road, inquired whether any other assessors had been considered.
Hurm explained in excess of 400 requests for proposals were sent out and only one proposal was
received. He noted utilizing the Hennepin County Assessor's Office was also an option.
Mr. Zerby felt there to be other alternatives available. Councilmember O'Neill explained in a
market such as currently exists, assessors generally move into appraising positions resulting in a
shortage of assessors.
.
CITY COUNCIL REGULAR MEETING MINUTES
AUGUST 24, 1998 - PAGE 6
Mr. Zerby inquired whether the City could employ a City Assessor. Hunn explained this was
attempted through the request for proposals which was made to the Minnesota Assessors
Association. He further explained there have been discussions with the City of Orono and the
possibility of Orono employing their own assessor in the future and the City of Shorewood
contracting for those services.
Mr. Patrick Poshak was in attendance and explained he was the only assessor to submit a
proposal. He felt the reason the City did not receive more responses was a lack of knowledge on
an assessor's part relative to developing a proposal and establishing an office. Mr. Poshak stated
establishing an office is an overwhelming task.
Mr. Poshak reviewed his qualifications and explained his accreditation exceeds the requirements
the City is requesting. He stated he has had considerable experience in assessing various types of
lakeshore properties. He explained his particular service would provide greater flexibility. Mr.
Poshak stated he would like to be considered on a trial basis offering a one year contract. He
acknowledge the County does provide a good service, however, they are restricted to somewhat
limited time tables.
Mr. Poshak stated he currently works with the City of Rogers, the Township of May and the City .
of Grant.
Councilmember O'Neill stated he has reviewed Mr. Poshak's proposal as well as that of the
County and explained he is in favor of utilizing the County assessors.
Councilmember Garfunkel stated he was comfortable with the meeting which was held with the
County assessors and he would be comfortable utilizing the County assessors as well.
Councilmember Champa noted his agreement and felt there to be a critical time frame in which to
respond to this situation and felt action should be taken.
Mayor Dahlberg thanked Mr. Poshak for submitting a proposal and making his presentation.
Councilmember Stover stated it is favorable to have a consistent assessor and commented she
appreciates the flexibility factor. She stated although there is a relatively high chance the County
assessor would change, their system would not. Councilmember Stover pointed out the County is
always available as an option and she would like some time to reconsider this matter. .
Mayor Dahlberg stated he would be comfortable with taking some time to consider this matter.
Mr. Poshak stated he utilizes the same system as Hennepin County. He assured the Council he
would be the sole appraiser in the City until such time as a system has been fully established and
implemented.
Mr. Bob Gagne pointed out the City previously discontinued the services of Hennepin County
because they were not flexible and would not provide the services Mr. Poshak offers.
Councilmember O'Neill expressed concern with not making a decision on this issue. He noted he
attended the work session along with Councilmembers Champa and Garfunkel relative to
contracting with Hennepin County. He was opposed to putting off a decision because he felt staff
thoroughly investigated this matter.
Councilmember O'Neill also felt Mayor Dahlberg and Councilmember Stover were not well
informed on this issue since they were not in attendance at the meeting with the Hennepin County
Assessor's Office.
-
CITY Co.UNCIL REGULAR MEETING MINUTES
AUGUST 24, 1998 -PAGE 7
Councilmember Champa noted the City of Orono has been happy with the services of the County
assessor. He also noted his agreement with Councilmember O'Neill and pointed out staff did
investigate this matter and provided a recommendation.
Councilmember O'Neill commented he has reviewed the proposals in detail and felt the County to
be the best option at this time.
Stover moved tabling consideration of authorizing assessor services to the next
regular meeting of the City Council. Motion failed for lack of a second.
Garfunkel moved, o.'Neill seconded authorizing the Mayor and City Administrator
to enter into a two year contract with Hennepin County for Assessment Services
subject to review by the City Attorney. Motion passed 4/1. (Councilmember
Stover was the dissenting vote.)
9. Co.NSIDERATION o.F A Mo.TIo.N TO. ADo.PT A RESo.LUTIDN
REGARDING THE EXCELSIo.R FIRE DEPARTMENT
.
Administrator Hurm reviewed this matter in detail. He explained the resolution calls for a special
committee to be established for a six month period of time to investigate and discuss some of the
issues raised in terms of governance and management.
o.'Neill moved, Stover seconded adopting RESo.LUTIo.N NO.. 98-081, "A
Resolution Regarding the Excelsior Fire Department." Motion passed 5/0.
10. Co.NSIDERATIo.N o.F A Mo.TIo.N APPRo.VING PLANS,
SPECIFICATIo.NS AND ESTIMATES AND AUTHDRIZING
ADVERTISEMENT Fo.R BIDS FOR EMERGENCY VEHICLE
PREEMPTIo.N (EVP) - T.H. 7 AND Co.UNTY Ro.AD 19 AND T.H. 7 AND
o.LD MARKET RDAD
.
Engineer Brown explained the cost for construction is estimated at $17,000. This project is
eligible for State aid funding which will come from the MSA account. A portion of the engineering
costs are also eligible and will be funded out of the MSA account as well.
Stover moved, Champa seconded adopting RESo.LUTIDN NO.. 98-082, "A
Resolution Approving Plans, Specifications and Estimates and Authorize
Advertisement for Bids for Emergency Vehicle Preemption (EVP) T .H. 7 and
County Road 19 and T .H. 7 and Did Market Road." Motion passed 5/0.
Mayor Dahlberg recessed the meeting at 8:51 p.m. and reconvened at 9:01 p.m.
11. CDNSIDERA TIDN DF AN DFFER TO. SELL LAND - 25720 HIGHWAY 7
Attorney Dean explained two weeks ago the City received an inquiry from Attorney Kelly who
represents Shirley and Alvin Wagner, owners of the property located at 25720 Highway 7. The
inquiry was to determine whether or not the City would have any interest in purchasing that
property which consists of approximately 5.5 acres.
CITY CDUNCIL REGULAR MEETING MINUTES
AUGUST 24, 1998 - PAGE 8
Attorney Dean explained the City is involved in litigation with the current holder of the Purchase
Agreement with the Wagners for that property and was concerned the City not engage in any
conduct which would result in additional litigation. Given that situation, the City would, however,
be willing to hear any proposal to sell the property to the City as well as an understanding from
them relative to their belief they could sell it to the City rather than the current holders of the
Purchase Agreement.
Attorney Dean received a written proposal from Mr. Kelly relative to selling this particular tract of
land to the City. Copies of the proposal were distributed to the Council for their review and
consideration.
Attorney Dean explained the proposal contains the Wagners' principle provisions, a purchase price
of $237,000, earnest money of $5,000 with a closing date to occur within 30 days after the current
Contract for Deed is canceled.
Attorney Dean recommended it would be appropriate for the Council to consider this matter for a
number of reasons. He explained the offer was entirely the product of a contact by the Wagners
through their attorney. He stated it was in no way induced or prompted by the City or anyone
acting on behalf of the City.
Attorney Dean stated the terms which are contained in the letter proposal are terms which have been
formulated by Attorney Kelly and is not the product of any negotiation or discussion between
Attorney Dean's office or anyone else on behalf of the City and the Wagners.
Attorney Dean commented he has been informed by Attorney Kelly that the purchasers under the
other Purchase Agreement, Eagle Crest Development, are currently in default under that agreement
by having failed to comply with the time frames provided for in that agreement and, consequently,
the Wagners have the ability and the authority at this point to begin cancellation proceedings under
that agreement.
Attorney Dean felt it appropriate for the Council to review this matter, noting through the
cancellation process, Eagle Crest Development would still have the option to go ahead and acquire
the property under the terms and conditions established in their Purchase Agreement with the
Wagners and they would not be deprived of that opportunity by any action the Council may take
relative to this matter.
Attorney Dean stated it would not be appropriate to proceed from the standpoint of the affect it may
have on the pending litigation. He urged the Council as it considers whether or not to accept the
offer proposed by the Wagners to look at whether or not the City would be acquiring this land if
there were no litigation.
Attorney Dean stated it will be important to determine whether there is a purpose, reason, use or
objective to be accomplished unrelated to the lawsuit which serves public purpose which would
lead the City Council to believe this would be an appropriate and important decision to make if it
were not for the litigation currently facing the City.
Mayor Dahlberg inquired relative to acquiring sites for cellular telecommunications towers. Hurm
explained the Council will be" meeting with its consultant in this regard within a month.
.
.
.
.
CITY COUNCIL REGULAR MEETING MINUTES
AUGUST 24, 1998 - PAGE 9
Mayor Dahlberg asked what type of revenue would be available if a telecommunications tower
were to be constrUcted in this area. Hurm explained a tower was constructed in Tonka Bay and the
City of Tonka Bay receives approximately $10,000 per year from the first company leasing space.
The second company pays approximately $12,000 per year and there is room for a third company
to locate at this site. Hurm felt it would be possible to receive revenues of approximately $30,000
to $32,500 per year on a free standing tower.
Councihnember Stover inquired where the funds would come from if this property were to be
purchased. Hurm stated he would recommend the expenditure come from the General Fund
balance. This would draw that fund down, however, the City would still be near what is
considered to be the desired General Fund balance, which is 40 percent of the budget. Other fund
balances could be utilized on a "loan" basis.
Councilmember Stover questioned whether the General Fund balance should more appropriately be
at 50 percent of the budget. Hurm explained cities generally keep the General Fund balance at a
point between one-third of the budget to as high as 65 percent.
Finance Director Rolek stated the General Fund is currently at 52 percent of the budget. By year
end, the General Fund will be under 50 percent of the budget.
Councilmember Stover inquired relative to what the public purpose in purchasing this property
would be. Attorney Dean explained the City should determine whether these revenues would be
considered a definite funding source for the acquisition of this property. He stated the City may
not know whether there will be a tower user at this site and whether there will be funds available
for a long period of time. He advised the City should be sure it has other funding sources for such
a purchase.
Attorney Dean stated the resolution which was prepared for consideration by the Council states the
principal public purpose for the property would be park land and recreational use given its
proximity to Freeman Park.
Mayor Dahlberg inquired whether the Land Conservation Committee has reviewed this matter.
Attorney Dean stated the Committee does not know of the offer at this point, nor would they be in
a position to make a recommendation at this time.
Councilmember Stover pointed out at this point, the Council does not have a plan to acquire land.
She noted this has not been included in the budget or the Capital Improvement Program as a goal.
Mayor Dahlberg pointed out if the City were to receive revenues of $36,000 per year, it would take
7 to 10 years to payoff the property.
Councilmember O'Neill stated he would be interested in the opinion of the Park Commission
relative to this issue.
Councilmember Garfunkel felt it would be important to obtain a professional opinion relative to the
appropriateness of the price which is being asked for the property. He stated typically when
property is up for sale, there are negotiations relative to the price.
Attorney Dean stated it would be appropriate from the standpoint of due diligence to get an
appraisal determination of the market value of the property. He cautioned the Council against
negotiating over price given the pending litigation.
CITY COUNCIL REGULAR MEETING MINUTES
AUGUST 24, 1998 - PAGE 10
Bud Cort, addressed the Council and stated it is a lengthy process to get an item approved by the
Council. He expressed concern there is a proposal in front of the Council and ways to purchase
the property are already being contemplated. Mr. Cort noted this issue was not noticed in the
newsletter either.
Mr. Cort recalled it was alleged the senior development which was proposed for this area would
produce significant traffic and he expressed his concern a park would do the same. He requested
the Council hold an open hearing relative to this issue.
Mayor Dahlberg requested Attorney Dean review the process which will need to be followed as the
Council moves toward a decision on this issue. Attorney Dean explained the decision to acquire
land must be done at an open City Council meeting, scheduled on the agenda and acted upon at an
open meeting by the City Council. He stated theoretically, the Council could take action at this
time. In the event the Council feels more input is needed, they may take that time, however, it is
not necessary.
Laura Turgeon provided a copy of the Minnesota Statute and explained this matter must first be
presented to the Planning Commission. Attorney Dean stated the Council can waive that provision
by unanimous vote.
Ms. Turgeon stated this must be consistent with the Comprehensive Plan and there is nothing in
the Comprehensive Plan relative to the acquisition of land or open space.
Councilmember Stover inquired whether a public hearing would be required prior to making a
purchase of this nature. Attorney Dean stated this is not required.
Bob Gagne suggested the Council speak with the residents to determine whether they are in favor
of cellular towers in this location since they were opposed to the senior development.
Mayor Dahlberg stated it was a goal to keep the towers away from the schools. He noted there are
several public purposes for the property such as location of a telecommunications tower, park
expansion or land conservation.
Councilmember O'Neill explained the Council did not have any notice that a resolution would be
brought forth at this meeting.
Councilmember Champa felt this to be too big of a purchase not to take it further and debate it
thoroughly. He stated he would like considerably more information prior to moving forward.
Councilmember Stover stated if the City is going to purchase land, which has not been a goal of
the Council to this point, there should be a plan relative to a purpose for the land.
Mayor Dahlberg stated he would like recommendations from staff for every step which should be
taken prior to the Council making a fmal decision.
Councilmember Garfunkel felt it should be kept in mind the City is almost completely developed
and this particular piece of property adjoins the park land.
Councilmember Champa stated his belief the Park Commission needs to review this matter.
Councilmember Garfunkel felt some decisions need to be made relatively quickly in this regard.
Councilmember O'Neill commented the Council did not pursue this offer. He stated he would also
like further information prior to making a decision on this matter. Councilmember O'Neill felt a
decision should be made relative to whether the Council wants to investigate this matter further.
.
.
Councilmember Stover felt the decision whether to purchase this land should be done by a
referendum. She remarked this involves a substantial amount of money.
Councilmember O'Neill stated he would like to receive feedback from both the Planning and Park
Commissions. Councilmember Garfunkel would like input from the Park Commission relative to
whether this property could be put to use. .
Mayor Dahlberg inquired whether the City could sell a portion of the property if there were an
interested buyer. Attorney Dean confirmed that would be true if the property were originally
purchased for public purpose rather than simply for resale.
CITY COUNCIL REGULAR MEETING MINUTES
AUGUST 24, 1998 - PAGE 11
Councilmember Stover requested the Council be sure it is following the appropriate process.
Mayor Dahlberg asked that Staff return with a recommended process for considering this issue.
Councilmember O'Neill suggested noticing this matter for inclusion on the September 14th agenda,
inviting anyone with comments to attend.
.
Councilmember Stover felt a public hearing should be held.
Christine Lizee commented it may behoove the Council to review the process to be followed and
provide information to the Planning and Park Commissions. A public hearing could then be held
in October since a summary judgment is pending for the end of September. Ms. Lizee requested
copies of the Wagners' proposal as well as the proposed resolution.
Councilmember Garfunkel remarked that any legal issues are a separate issue. Attorney Dean
explained decisions on summary judgments may take as long as 90 days from the date the motion
is heard by the Court. He further explained the Council needs to consider this matter separate from
the pending litigation.
Mr. Zerby questioned whether there is a spending limit before an issue must go before the citizens.
Attorney Dean stated in this instance there are funds in the General Fund and this purchase would
not require any borrowing. The Council may purchase land and other items as long as they serve
general public functions.
Mr. Zerby inquired relative to what would be required to obtain a permit to construct such a tower.
Attorney Dean stated the ordinance is currently being formulated. There is an existing moratorium
relative to this issue and the specific provisions of the ordinance are unknown at this time.
.
Ms. Turgeon questioned whether the acquisition of land for public purpose would have to be
consistent with the Comprehensive Plan. Attorney Dean explained the land cannot be put to a use
which is inconsistent with the Comprehensive Plan. The City could acquire the property and use it
in its current condition for a period of time before any conversion might occur.
Ms. Turgeon noted there is no reference in the Comprehensive Plan to open space or the expansion
of parks. Attorney Dean stated he would need to review the Comprehensive Plan.
Ms. Turgeon suggested as a part of the process, this matter be referred to the Planning
Commission to determine whether or not it is consistent with the provisions of the Comprehensive
Plan.
Mr. Cort felt this issue to be moving too fast and commented he hopes the City is not purchasing
the property to cover a lawsuit which is going on.
-
CITY COUNCIL REGULAR MEETING MINUTES
AUGUST 24, 1998 . PAGE 12
<t'. ~
Councilmember Champa stated he intends to look at this issue separately not taking into account
any pending legal actions. .
Mary Lou Swenson, 24745 Amlee Road, inquired what impact purchasing this property would
have on the future tax roles. Mayor Dahlberg stated he would like to be confIdent this property
could be purchased through $36,000 per year revenue which could be acquired from a cellular
tower.
It was the consensus of the Council this matter will be noticed in the newsletter for inclusion on the
September 14th agenda.
Councilmember Stover stated if the Council is coming up with a proposal, she would like a public
hearing prior to voting on the proposal. In addition, if this matter is being sent to the Planning
Commission, she requested they compare this to the Comprehensive Plan. Councilmember Stover
stated she would also like to see a fmancial breakdown since she felt this could cause future cash
flow problems. She also requested additional information relative to potential income from cellular
towers.
Mayor Dahlberg stated he would also like to receive an opinion from the telecommunications .
consultant relative to this property as a potential site for a telecommunications tower.
Pat Arnst stated she addresses the Council as a citizen and taxpayer and felt this to be a substantial
mount of money in a small city. She expressed disappointment the statutory process was not
followed even though there is an option not to follow this process.
Councilmember Champa pointed out the Council is following that process by requesting further
information and recommendations. Ms. Arnst did not feel this would have happened had the
residents not been in attendance.
Councilmember Stover inquired whether Attorney Dean will need to send a response to Attorney
Kelly. Attorney Dean stated he will inform Attorney Kelly the Council is currently seeking
additional information and public input relative to this matter.
12. ADMINISTRATOR AND STAFF REPORTS
A.
Staff Report on Development Monitoring
.
Planning Director Nielsen reported on Smithtown Meadows and noted the developer has completed
much of the punch list. The wear course on the road is in and landscaping is currently underway.
It is anticipated the City will not have to contract for this work.
With respect to Watten Ponds, Nielsen reported the tree fencing is back in place and the retaining
wall at the curb heading into the cul-de-sac has been relocated.
Nielsen reported on the Gideon Woods Development and explained a tree replacement escrow was
submitted for working on the storm sewer which drains the existing pond. Application has been
made for a permit. A preconstruction meeting was held which indicated a contractor has been hired
to complete the storm sewer.
Nielsen also reported the Mary Lake Woods Development is scheduled to begin next week.
Engineer Brown reported tree fencing is being erected and upon approval of Staff, the grading
work will begin.
,t., ~ .
.
.
CITY COUNCIL REGULAR MEETING MINUTES
AUGUST 24, 1998 - PAGE 13
Councilmember Garfunkel asked whether the billboard is still in existence at the Gideon Woods
Development. Nielsen stated he will review the status of the billboard and report back to Council.
He noted his belief the sign was to be removed and notice will be sent to the developer to proceed
with the removal of the sign if appropriate.
Brown reported Strawberry Lane is under construction and local traffic is being let through. The
contractor is courteous and comments to this effect have been received from the residents. Brown
anticipates completion of this project in approximately one month.
Brown reported the City has resubmitted details for Federal Emergency Management Aid and the
City remains in the $85,000 range for compensation.
B . Report on Enforcement Efforts - St. Albans Bay Road
Hurm reviewed the report relative to enforcement efforts on St. Albans Bay Road as submitted by
Police Chief Young.
13. MAYOR & CITY COUNCIL REPORTS
Report on August 10, 1998 Council Work Session
+ Badger Well House
Mayor Dahlberg reported on the August 10, 1998 Council Work Session relative to the Badger
Well House (as detailed in the minutes of that meeting).
A.
B . Rep()rt on August 17, 1998 Council Work Session
+ Badger Well House
+ Telecommunications Consultant
+ Emergency Preparedness
Mayor Dahlberg reported on the August 17, 1998 Council Work Session relative to the Badger
Well House, an interview with the telecommunications consultant and the Emergency Preparedness
Plan which was presented by Chief Young and Sergeant Litsey (as detailed in the minutes of that
meeting).
C . Report on August 18, 1998 Council Work Session
+ Assessing Position
Councilmembers O'Neill, Garfunkel and Champa reported on the August 18, 1998 Council Work
Session which was held with representatives. of the Hennepin County Assessor's Office relative to
the possibility of contracting for those services (as detailed in the minutes of that meeting).
CITY COUNCIL REGULAR MEETING MINUTES
AUGUST 24, 1998 . PAGE 14
14. ADJOURNMENT
. "
O'Neill moved, Stover seconded adjonrning the regular meeting to a Work
Session at 10:14 p.m. subject to the approval of claim~. Motion passed 5/0.
RESPECTFULL Y SUBMITTED,
Cheryl Wallat, Recording Secretary
TimeSaver Off Site Secretarial, Inc.
ATTEST:
TOM DAHLBERG, MAYOR
JMES C. HURM, CITY ADMINISTRATOR
.
.
-
t
CITY OF SHOREWOOD
CITY COUNCIL WORK SESSION MEETING
MONDA Y, AUGUST 24, 1998
COUNCIL CHi
5755 COUNTR~
IMMEDIA TEL'
REGULAR ME
D rlAfT
MINUTES
1. CONVENE CITY COUNCIL WORK SESSION
Mayor Dahlberg called the meeting to order at 10:28 p.m.
A.
Roll Call
Present:
Mayor Dahlberg; Councilmembers Stover, O'Neill, Garfunkel and Champa;
Administrator Hurm; City Engineer Larry Brown; Planning Director Brad Nielsen;
Finance Director AI Rolek
B.
Review Agenda
.
Mayor Dahlberg reviewed the Agenda for August 24, 1998. The agenda was approved as
submitted.
2. DISCUSSION ON PROPOSED 1999 PRELIMINARY BUDGET
Administrator Hurm and Finance Director Rolek presented the Proposed 1999 Preliminary Budget
and discussed a number of issues associated with the budget.
Hurm discussed balancing the budget and not relying on funds which are on hand, the use of the
Street Fund rather than the General Fund for street patching materials, no transfer to the Park
Fund, the removal of the $1,000 donation to Excelsior Fireworks, expansion of the Legal Fund,
the minimal contingency amount which is budgeted as well as the contribution from Utility Funds
for overhead costs.
.
Mayor Dahlberg raised the issue of large equipment purchases which were made in the past year.
He noted he had expressed concern relative to the large equipment purchases and is concerned now
to find the General Fund is somewhat tight. Hurm stressed the importance of good equipment.
Engineer Brown stated there comes a time when the use of older equipment affects the quality of
service which can be provided to the community.
Rolek explained the tax rate this year is 18.317 percent and it is anticipated to be 19.578 percent
next year.
Hurm reviewed the General Fund balances from 1987 through 1998, noting the balance will
decrease from 57.23 percent in 1997 to 47.48 percent in 1998. He explained this balance is
necessary to cover emergency situations as well as to carry the City through until funds are
received from the State, which occurs halfway through the year.
Councilmember Champa noted there was a decrease in the General Fund of approximately
$250,000 and he questioned how those funds were disbursed. Rolek explained there was a court
award in addition to legal fees which account for those funds.
Rolek explained shortfalls are anticipated in engineering time which is charged as well as in
anticipated fines and forfeitures.
*~c..
t
CITY COUNCIL WORK SESSION MEETING MINUTES
AUGUST 24, 1998 - PAGE 2
The City will be in a break even position relative to the storm expenses once the FEMA funds are
received.
Hurm explained the transfers which are proposed from the General Fund to the Street Fund for
reconstruction, overlay and sealcoating, as well as storm drainage, equipment replacement and
public facilities.
Hurm then reviewed transfers which are proposed from the Street Fund, Trail Fund, Sewer Fund
and Water Fund to the General Fund.
With respect to the Legal Budget, Councilmember O'Neill questioned the reason for budgeting
only $10,000 for litigation expense in 1998. Rolek explained prior to the pending litigation, the
legal fees would generally come in very close to the budgeted amount. He noted this is an
extremely difficult amount to anticipate.
Councilmember Stover pointed out in previous years some expenses have been predicted quite
accurately. Hurm stated situations arise in which additional funds are needed and they must come
from the General Fund balance. Rather than budgeting for unknown situations, the contingency
will be low and an attempt will be made to stabilize and possibly increase the fund balance.
Rolek stated the City has applied for an extension of the Cop Fast Grant. If this extension is
approved, the City would receive $25,000 in grant funds which is incorporated into the budget as
an offset to policing costs. If the City does not receive the grant, there will be a need for an
additional $25,000 for this fund.
.
Mayor Dahlberg stated he could support a budget which increases by the rate of inflation plus the
increase in the tax base. Rolek commented this is the case.
Rolek explained the levy limit is based on an increase based on the implicit price deflator which is
the rate of inflation plus the growth in households.
Rolek pointed out total spending which is being proposed for 1999 represents an increase of
slightly more than 1 percent. This includes spending and transfers. He noted the most significant
difference to be in 1998, the City is financing $72,000 of the budget from the General Fund
balance. Staff proposes funding zero from the General Fund balance in the year 2000.
It was noted the contract with the Hennepin County Assessor's Office for assessing services will
result in a $15,000 increase for this service.
.
Councilmember Stover felt the budget to be reasonable, noting 1999 will be a tight year. She
noted her belief the levy limit is appropriate. Hurm stated anyone wishing to review the line by
line details of the budget can set up a time to meet with him and Rolek. Mayor Dahlberg expressed
an interest in meeting with Hurm and Rolek, as did Councilmember Champa.
6. ADJOURNMENT
Stover moved, Champa seconded adjourning the work session at 11:35 p.m.
Motion passed 5/0.
.~
CITY COUNCIL WORK SESSION MEETING MINUTES
AUGUST 24, 1998 - PAGE 3
RESPECTFULLY SUBMITTED,
Cheryl Wallat, Recording Secretary
TimeSaver Off Site Secretarial, Inc.
ATTEST:
TOM DAHLBERG, MAYOR
JAMES C. HURM,. CITY ADMINISTRATOR
.
.
CITY OF SHOREWOOD
RESOLUTION NO. 98-
A RESOLUTION OF MERIT
WHEREAS, Shorewood city employees as a whole are appreciated for a high
level of performance by the City Council; and
WHEREAS, Receptionist/Secretary Pamela Helling has performed beyond the
duties of a typical receptionist/secretary in developing and maintaining the Shorewood web
page.
.
NOW, THEREFORE BE IT RESOLVED that in accordance with the
recommendation of the City Administrator, Receptionist/Secretary is hereby awarded a
merit payment of $1,500 during the month of September, 1998.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF
SHOREWOOD this 14th day of September, 1998.
.
ATTEST:
TOM DAHLBERG, MAYOR
JAMES C. HURM, CITY ADMINISTRATOR
-#:-3,k1
.
.
It
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD · SHOAEWOOD. MINNESOTA 55331-8927. (612) 474-3236
FAX (612) 474-0128' www.state.neUshorewood' cityhall@shorewood.state.net
l\tJEMORANDUM
TO:
Mayor and City Council
FROM:
Brad Nielsen
DATE:
10 September 1998
RE:
Subdivision Monument Sign Permit - Waterford
FILE NO.
405 (Sign Permits)
The Waterford Homeowner's Association has requested a permit for an entryway
monument sign to be located at the north end of Old Market Road. on the east side of the
street (see Site Location map - Exhibit A, attached). The sign will actually be located in
the northwest corner of the lot located at 19405 Old Market Road.
The proposed sign (shown on Exhibits B and C) is consistent with Shorewood's Zoning
Code relative to area identification signs. The sign contains less than 10 square feet of
area. Approval of the permit is recommended subject to two conditions: 1) the wall on
which the sign is located shall not exceed four feet in height; and 2) the Homeowner's
Association must obtain written approval for the location of the sign from the owner of
the property on which the sign is located.
You will recall that the City recently agreed to lease the northwest corner of Old Market
Road and Covington Road to the Association for a similar sign. Due to budgetary
constraints, the Association has decided to delay constrUction of that sign.
If you have any questions relative to this matter, please call me prior to Monday night's
meeting.
Cc: Jim Hurm
Jim Berdahl
,.,
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Exhibit C
PROPOSED SITE PLAN
CITY OF SHOREWOOD
RESOLUTION NO. 98-
A RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS
WHEREAS, the City Council has levied for, and budgeted the transfer of monies
for capital improvements and purchases in its 1998 General and Capital Budgets.
THEREFORE, BE IT RESOLVED by the City Council of Shorewood that the
following amounts are hereby authorized to be transferred between the following funds:
.
TRANSFER FROM
General Fund
General Fund
General Fund
General Fund
General Fund
Street Reconstruction Fund
Street Reconstruction Fund
Street Reconstruction Fund
Public Facilties Fund
Trail Fund
TRANSFER TO
Equipment Replacement Fund
Street Reconstruction Fund
Park Capital Improvement Fund
Public Facilities Fund
Stormwater Mgmt Fund
Trail Fund
Strawberry Lane Reclamation Fund
General Fund
Trail Fund
General Fund
AMOUNT
$114,025
340,000
10,000
15,000
10,000
14,250
250,000
10,000
15,000
3,000
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this
14th day of September, 1998.
e
ATTEST:
TOM DAHLBERG, MAYOR
JAMES C.HURM, CITY ADMINISTRATOR/CLERK
* 3D
-
TEL.EF"HONE (6121 546-1200
FACSIMIL.E (612l 546-1003
L.EGAL ASSISTANT
KATHRYN G. MASTERMAN
,. . ,
BERNICK AND LIFSON
A PROFESSIONAL ASSOCIATION
ATTORNEYS AT L.AW
tAL.SO ACMlrr&~~!t...WISCONSIN
-AL.SO CERTIFIED PUBl.IC-AC.cciuN'''AN'~
-ALSO AOMlTiEO iN FLORIOA
NEAL J. SHAF'IRO
SAUl.. A. BERNICK'"
THOMAS C. CREIGHTON
SCOTT A. L.IFSON
CAVIO K. NIGHTINGAL.Et
F'AUL oJ. QUAST.
ROBERT J. V. VOSE
WIL.L.IAM S. FORSBERG"
SUITE 1200. THE COl-ONNACE
5509 WAYZATA BOUL.EVARC
MINNEAF'OL.IS, MINNESOTA 55416-1270
September 8, 1998
Dear Commission Member/City Administrator:
Enclosed please find a complete copy of the proposed cable franchise ordinance and exhibits which will be
considered for adoption on September 22, 1998, by the Lake Minnetonka Communications Commission
("LMCC"). Also enclosed please find a summary of the franchise ordinance which details some of the
important provisions and important changes from the current franchise.
The LMCC is a joint powers body consisting of the municipalities of Deephaven, Excelsior, Greenwood,
Independence, Long Lake, Medina, Minnetonka Beach, Minnestrista, Orono, St. Bonifacius, Shorewood,
Spring Park, Tonka Bay, Victoria, and Woodland. The LMCC acts as the franchising authority on behalf
of its member municipalities and is authorized to negotiate, adopt, administer and enforce the franchise for
its members. The enclosed franchise ordinance is the result of over two years of negotiations with the current
cable franchisee, Triax Midwest.
.
The proposed franchise requires a significant technical upgrade of the cable system to allow the provision of
improved cable television services and signals and the provision of new, enhanced telecommunications
services to the community via the cable system. The franchise will also require improved customer service.
. Please contact the LMCC's Administrator, Ann Thies (#474-5539), or me with any questions or concerns.
Yours truly,
BERNICK AND LIFSON, P.A.
-{Z8-fwt 1, J tJ~
Robert 1. V. V ose
Enclosures
cc: Ms. Ann Thies, Administrator, Lake Minnetonka Communications Commission
Ms. Jane. E. Bremer, Esq.
Mr. Thomas D. Creighton, Esq.
$6
1 '"
SUMMARY
ORDINANCE GRANTING A CABLE FRANCHISE TO TRlAX
This document highlights some of the important provisions of the Ordinance and provides comments
regarding changes from the current franchise. The actual Ordinance should be reviewed to clarify
specific provisions.
1. Definitions. The franchise contains many defined terms that update or improve the existing
franchise.
2. Franchise Fee. The franchise continues to require Triax to pay 5% of its gross revenues to
the LMCC as consideration for usage of public property. The company is required to
calculate its gross revenues as broadly as is permissible under law.
3.
Member Municipalities and LMCC Franchise Area. The franchise area includes the
municipal boundaries of the Cities of Deephaven, Excelsior, Greenwood, Independence,
Minnetonka Beach, Minnetrista, Orono, Shorewood, Spring Park, Tonka Bay, Woodland,
Medina, St. Bonifacious, Long Lake and Victoria, Minnesota.
.
4. Franchise Term. The franchise is granted for a period of fifteen (15) years.
5. Right-of-Way Ordinanc~ Unlike the existing franchise, the proposed franchise contemplates
that the member municipalities may adopt ordinances creating specific or unique
requirements regarding regulation, management and use of Rights-of- Way. A determination
by a member municipality that Triax has violated such a local requirement may be deemed
a violation of the franchise by the LMCC. In addition, Triax is subject to all lawful exercise
of the police power, statutory rights, local ordinance-making authority, and eminent domain
rights of the member municipalities.
6.
Line Extension. Triax is required to provide service to all homes within the LMCC where
there are a minimum of thirty (30) homes per cable mile. Triax is also required to extend
service to any other areas based on a pro-rata formula for cost recovery.
.
7. Construction Standards. Triax must strictly adhere to all state and local laws and building
and zoning codes and the LMCC has the right to inspect. Triax must promptly and fully
repair and restore all rights-of-way which are disturbed or damaged during the construction
and operation of the system, at its expense, to the same condition as that prevailing prior to
the work.
8. Underlrroundini of Cable. Unless the requirements of a member municipality differ, Triax
must place newly constructed facilities underground only where all other utility lines are
placed underground. Triax must bury all drops in a reasonable time period which shall not
exceed ten (10) business days.
A I
9. System Upgrade. Triax is required to rebuild its system and construct a 750 MHZ
fiber/coaxial hybrid system which is capable of delivering a minimum of eighty (80) video
programmed channels and which actually delivers a minimum of sixty (60) video
programmed channels. The system must be designed with a five hundred (500) homes per
fiber node configuration. The rebuild must be completed within 24 months of the effective
date of the franchise and failure to timely complete such construction shall be a violation of
the franchise. The system technical standards must comply, at a minimum, with applicable
FCC standards.
10. Special Testing. The LMCC may require testing of the System in the event technical
difficulties are perceived. In the event that special testing determines that the system or
Triax is the source of technical difficulties, the cost of testing shall be reimbursed by Triax.
11.
Community Programming. The existing ordinance contemplated the provision of
community programming by Triax. Triax no longer seeks to provide that programming and
the LMCC has determined that it could better meet community needs in this regard. All
community programming functions will be performed by the LMCC. Triax will provide five
(5) channels and substantial equipment to allow the LMCC to provide community
programming. In addition, the LMCC is authorized to require Triax to pay a "PEG Fee",
which may be itemized and passed through on subscribers' bills, for support of community
programming operations and facilities.
.
12. Reserved Institutional Capacity. Triax must reserve and dedicate for future non-commercial
use by the member municipalities and public institutions capacity equivalent to four (4)
fibers (a very large amount of capacity). Triax must provide this capacity to requesting
institutions at a significantly reduced price. Institutions can obtain 1/4 of this capacity upon
demand and the remainder upon the expiration of any outstanding contacts Triax has for the
reserved capacity.
13.
Drops to Public Buildinis. Triax must provide free installation, an outlet, and monthly Basic
Cable Service without charge to the institutions and such other public or educational
institutions designated in the franchise by the LMCC (based on input from the member
municipalities );
.
14. Customer Service and Complaint Procedures. The proposed franchise contains a variety of
specific customer service related requirements including requirements that Triax staff and
operate customer service facilities to be able to receive subscriber complaints and requests
on a twenty-four (24) hour-a-day, seven (7) days-a-week basis and adequate personnel to
respond to complaints within twenty-four (24) hours of the request. Triax is required to issue
refunds in the event service is interrupted for a total of twenty-four (24) hours or more. The
LMCC is specifically authorized to adopt and enforce any additional customer service
requirements it deems necessary. Triax is required to prepare and maintain written records
of all complaints received and the resolution of such complaints and provide those records
to the LMCC with a written summary on a quarterly basis.
2.
I .
15. Performance Bond and Letter of Credit. Triax must furnish a bond to the LMCC naming the
member municipalities as additional principals in the amount of One Hundred Fifty
Thousand Dollars ($150,000.00). Triax must also deliver to the LMCC an irrevocable and
unconditional Letter of Credit from a bank approved by the LMCC in the amount of Twenty
Thousand Dollars ($20,000.00). The Letter of Credit can be drawn upon by the LMCC in
payment for damages or for penalties for franchise violations as specified in the franchise.
The penalties provisions in the proposed franchise are intended to simplify the process of
penalizing Triax in the event of violations.
16. Indemnification and Insurance. The LMCC, its officers, boards, committees, commissions,
elected officials, employees and agents will not be liable for any loss or damage in
connection with the system or the franchise. Triax must indemnify and fully insure the
LMCC, its officers, boards, committees, commissions, elected officials, employees and
agents, from and against all liability as a result of the franchise as specified in the franchise.
17.
LMCC's Right to Revoke. The LMCC reserves the right to revoke, terminate or cancel the
franchise if it is determined that Triax has violated any material provision.
.
18. Sale or Transfer of Franchise. No sale, transfer, or corporate change of or in Triax may take
place without LMCC approval. Triax must reimburse LMCC for all the legal, administrative,
and consulting costs and fees associated with the LMCC's review of any request to transfer.
The LMCC has the right of first refusal to purchase the System upon receipt by Triax of any
bona fide offer to buy.
.
U:\cableILMCC\FRN2.SUM
3.
-
ORDINANCE NO.
AN ORDINANCE GRANTING A FRANCHISE TO TRIAX WDWEST ASSOCIATES, L.P., A
MISSOURI LIMITED PARTNERSHIP, TO CONSTRUCT, OPERATE, AND MAINTAIN A
CABLE SYSTEM IN THE LAKE MINNETONKA. COMMUNICATIONS COMMISSION
FRANCHISE AREA, SETTING FORTH CON1)ITIONS ACCOMPANYING THE GRANT OF
THE FRANCHISE; PROVIDING FOR REGULATION AND USE OF THE SYSTEM AND THE
PUBLIC RIGHTS-Of-WAY, AND PRESCRIBING PENALTIES FOR THE VIOLATION OF
THE PROVISIONS HEREIN;
The Lake Minnetonka Communications Commission ("LMCC") ordains:
STATE:MENT OF INTENT AND PURPOSE
.
The LMCC intends, by the adoption of this Franchise, to bring about the further development of a
Cable System, and the continued operation of it. Such a development can contribute significantly
to the communication needs and desires of residents of the LMCC Franchise Area. Further, the
LMCC may achieve better utilization and improvement of public services with the development and
operation of a Cable System.
Past studies by the LMCC have led the way for organizing a means of procuring and securing a
Cable System which, in the judgment of the LMCC, is best suited to meet the needs of the
community. This has resulted in the preparation and adoption of this Franchise.
FINDINGS
In the review of the request and proposal for renewal by TRIAX MIDWEST ASSOCIATES, L.P.,
("Grantee") and negotiations related thereto, and as a result of a public hearing, the. LMCC makes
the following findings:
.
1.
The Grantee's technical, financial, legal qualifications and ability, and character were
considered and approved in a full public proceeding after due notice and a reasonable
opportunity to be heard;
2. Grantee's plans for constructing, upgrading, and operating the System were
considered and found adequate and feasible in a full public proceeding after due
notice and a reasonable opportunity to be heard;
3. The Franchise granted to Grantee by the LMCC complies with the existing
applicable Minnesota Statutes, federal laws and regulations; and
4. The Franchise granted to Grantee is nonexclusive.
SECTION 1.
SHORT TITLE AND DEFINITIONS
1. Short Title. This Franchise Ordinance shall be known and cited as the Cable
Communications Ordinance.
2. Definitions. For the purposes of this Franchise, the following tenns, phrases, words,
and their derivations shall have the meaning given herein. Vlhen not inconsistent
with the context, words in the singular number include the plural number. The word
"shall" is always mandatory and not merely directory. The word "may" is directory
'and discretionary and not mandatory.
a.
llBasic Cable Service" means any service tier which includes the lawful
retransmission of local television broadcast signals and any public,
educational, and governmental access programming required by the
Franchise to be carried on the basic tier. Basic Cable Service as defined
herein shall not be inconsistent with 47 U.S.C. ~ 543(b)(7).
.
b. "Cable Svstem" or "Svstem" means a system of antennas, cables, wires, lines,
towers, waveguides, or other conductors, Converters, equipment, or facilities
located in the LMCC Franchise Area and designed and constructed for the
purpose of producing, receiving, transmitting, amplifying, or distributing
audio, video, and data. System as defined herein shall not be inconsistent
with the definitions set forth in Minn. Stat. ~ 238.02, subd. 3 and 47 V.S.C.
~ 522(7).
c.
"Cable Pro~amming Service" means any video programming provided over
a cable system, regardless of service tier, including installation or rental of
equipment used for the receipt of such video programming, other than:
.
1. Basic Cable Service;
ii. Video programming offered on a pay-per-channel or pay-per-program
basis; or
lll. A combination of multiple channels of pay-per-channel or
pay-per-program video programming offered on a multiplexed or
time-shifted basis so long as the combined service:
(1) consists of commonly-identified video prOgramming; and
(2) is not bundled with any regulated tier of service.
2.
Cable Programming Service as defined herein shall not be inconsistent with the
definition as set forth in 47 U.S.C. S 543(1)(2) and 47 C.F.R.g 76.90l(b).
d. "Cable Service" or "Service" means the one-way transmission to subscribers
of (i) video programming, or (ii) other programming service, and subscriber
interaction, if any, which is required for the selection or use of such video
programming or other programming service pursuant to Minn. Stat. S 238.01
et seq. and 47 U.S.C S 521 et seq., as may be amended from time to time.
e. "Class IV Channel" means a signaling path provided by a Cable System to
transmit signals of any type from a Subscriber terminal to another point in the
System.
.
.
f.
"Converter" means an electronic device which converts signals to a frequency
acceptable to a television receiver of a Subscriber and by an appropriate
selector permits a Subscriber to view all Subscriber signals included in the
servIce.
g. "l2rml" means the cable that connects the ground block on the Subscriber's
residence to the nearest feeder cable of the System.
h. "FCC" means the Federal Communications Commission and any legally
appointed, designated or elected agent or successor.
1. "Franchise" or "Cable Franchise" means this ordinance and the contractual
relationship established hereby.
J.
"Franchise Fee" means the fee or assessment imposed by the LMCC on a
Grantee solely because of its status as a recipient of a Cable Franchise. The
term "Franchise Fee" does not include: (i) any tax, fee or assessment of
general applicability; (ii) capital costs which are required by this Franchise;
(iii) capital and operating costs related to the provision of public, educational,
or governmental access facilities; (iv) requirements or charges incidental to
awarding or enforcing this Franchise, including payments for bonds, security
funds or letters of credit, insurance, indemnification, penalties or liquidated
damages, or other regulatory costs specifically required herein iIi addition to
the Franchise Fee; (v) any fee imposed under Title 17 of the United States
Code.
k. "Grantee" is Triax Midwest Associates, L.P., its agents and employees, lawful
successors, transferees or assignees.
1. "Gross Revenues" means all revenue received directly or indirectly by the
Grantee, its affiliates, subsidiaries, parent, or person in which Grantee has
3.
financial interest of five percent (5%) or more, from the operation of its
System within the LMCC, including but not limited to Cable Service fees,
interest, Installation and reconnection fees, upgrade and downgrade fees,
advertising revenue, Franchise Fee receipts, revenues generated by sales on
home shopping channel(s), leased channel fees, Converter rental fees,
Lockout Device fees or fees for other services provided via the System to the
extent imposition of a Franchise Fee with respect to such services is lawful
pursuant to applicable law and regulations. In the event Grantee is acquired
by or transferred to any other operator which is more broadly including fees
for services in its calculation of "Gross Revenues", or more broadly defining
"Cable Service", pursuant to any franchise in the State of Minnesota, upon
such transfer such fees shall be included in the calculation pursuant to this
Franchise and, further, this defmition and/or the definition of "Gross
Revenues" shall be deemed amended in accordance therewith. The term
Gross Revenues shall not include bad debt, or any taxes on services furnished
by Grantee which are imposed by any municipality, state, or other .
governmental unit and collected by Grantee for such governmental unit.
m. lClnstallation" means the connection of the System from feeder cable to the
point of connection with the Subscriber Converter.
n, "LMCC" means the Lake Minnetonka Communications Commission, ajoint
powers body established pursuant to Minn. Stat. SS 238.08 and 471.59(c).
o.
"LMCC Franchise Area" means the area within the municipal boundaries of
the Cities of Deep haven, Excelsior, Greenwood, Independence, Minnetonka
Beach, Minnetrista, Orono, Shorewood, Spring Park, TonkaBay, Woodland,
Medina, St. Bonifacius, Long Lake and Victoria, Minnesota, as may be
expanded by the subsequent addition of municipalities to the LMCC from
time to time, subject to the approval of the Grantee.
.
p. "Lockout Device" means an optional mechanical or electrical accessory to a
Subscriber's terminal which inhibits the viewing of a certain program, certain
channel, or certain channels provided by way of the Cable Communication
System.
q. "Member Municipalities" means the municipalities of Deephaven, Excelsior,
Greenwood, Independence, Minnetonka Beach, Minnetrista, Orono,
Shorewood, Spring Park, Tonka Bay, Woodland, Medina, St. Bonifacius,
Long Lake, Victoria, and any municipalities which subsequently join the
LMCC. The application of this Franchise to subsequently added Member
Municipalities shall be subject to the approval of the Grantee.
r. lC~" means the demarcation point in the System where fiber optic
components and signals are converted to coaxial or non-optical components,
4.
and all related equipment.
s. "PEG Access" or "PEG" means public, educational and governmental
programming channels, equipment, facilities, funding, or operations as the
context may require.
t. "PEG Fee" means an itemized fee to subscribers for support of PEG Access
to the extent such itemization is permitted by law.
u. "Pav Television" means the delivery over the System of pay-per-channel or
pay-per-program audio-visual signals to Subscribers for a fee or charge, in
addition to the charge for Basic Cable Service or Cable Programming
Services.
v. "Person" is any person, firm, partnership, association, corporation, company,
or other legal entity.
.
w.
"Right-of-Wav" or "Riihts-of-Wav" means the area on, below, or above any
real property in the Franchise Area in which the the LMCC or any Member
Municipality has an interest including, but not limited to any street, road,
highway, alley, sidewalk, parkway, park, skyway, or any other place, area, or
real property owned by or under the control of the LMCC or a Member
Municipality, including other dedicated Rights-of-Way for travel purposes
and utility easements.
x. "Right-of- W av Ordinance" means such ordinance adopted by a Member
Municipality creating requirements regarding regulation, management and
use of Rights-of-Way, including registration and permitting requirements.
y.
"Standard Installation" means any residential installation which can be
completed using a Drop of 250 feet or less.
.
z.
"Subscriber" means any Person who lawfully receives service via the System.
SECTION 2.
GRANT OF AUTHORITY AND GENERAL PROVISIONS
1. Grant of Franchise. This Franchise is granted pursuant to the terms and conditions
contained herein.
2. Grant of Nonexclusive Authoritv.
a. The Grantee shall have the right and privilege pursuant to this Franchise,
subject to the requirements of any applicable ordinance, rule or procedure, to
s.
construct, erect, maintain, and operate a Cable System in, upon, along,
across, above, over and under the Rights-of-Way in the LMCC Franchise
Area and shall have the right and privilege to provide Cable Service. The
System constructed and maintained by Grantee or its agents shall not
interfere with other uses of the Rights-of-Way. Grantee shall make use of
existing poles and other above and below-ground facilities available to
Grantee to the extent it is technically and economically feasible to do so.
b. Notwithstanding the above grant to use Rights-of-Way, use of such Rights-
of- Way shall not be inconsistent with the terms and conditions by which such
Rights-of- Way were created or dedicated and with all legal requirements
related to the use of such Rights-of-Way, including the terms and conditions
of any applicable Right-of-Way Ordinance. This provision in no way limits
Grantee's rights pursuant to Minn. Stat. S 238.35.
c.
This Franchise shall be nonexclusive. Additional Cable Franchises granted
by the LMCC be granted on terms and conditions which, taken as a whole,
are no more favorable nor less burdensome than those imposed in previously
granted Franchises.
.
3. Lease or Assiinment Prohibited. No Person may lease Grantee's System for the
purpose of providing Service until and unless such Person shall have first obtained
and shall currently hold a valid Franchise. Any assignment of rights under this
Franchise shall be subject to and in accordance with the requirements of Section 9,
Paragraph 5.
4. Franchise Term. This Franchise shall be in effect for a period offifteen (15) years
from the date of acceptance by Grantee.
5.
Previous Franchises. Upon acceptance by Grantee as required by Section 13 herein,
this Franchise shall supersede and replace the previous Ordinance granting a
Franchise to Grantee.
.
6. Com,pliance with Applicable Laws. ResolutiQns and Ordinances.
a. The terms of this Franchise shall define the contractual rights and pbligations
of Grantee with respect to the provision of Cable Service and operation of the
System in the LMCC Franchise Area. However, the Grantee shall at all times
during the term of this Franchise be subject to all lawful exercise of the police
power, statutory rights, local ordinance-making authority, and eminent
domain rights of the LMCC, if any, and the Member Municipalities. A final
determination regarding an ordinance adopted by a Member Municipality that
Grantee has violated such ordinance or other local requirement may be
deemed a violation of this Franchise. This Franchise may also be modified
or amended with the written consent of Grantee as provided in Section 13.3
6.
.
.
herein.
b. In the event of any conflict between Section 3 and/or Section 8.5 (c) of this
Franchise and any Member Municipality's ordinance or regulation which
addresses usage of the Rights-of-Way, the conflicting terms in Section 3
and/or Section 8.5 (c) of this Franchise shall be superseded by such ordinance
or regulation regardless of which requirement was first adopted.
7.
Territorial Area Involved. This Franchise is granted for the corporate boundaries of
the LMCC Franchise Area, as it exists from time to time. In the event of annexation
by an LMCC Member Municipality or as development occurs, any new territory shall
. become part of the territory for which this Franchise is granted provided, however,
that Grantee shall not be required to extend Service beyond its present System
boundaries unless there is a minimum of thirty (30) homes per cable mile. Grantee
shall extend Service to any other areas or Persons requesting Service at a cost equal
to the construction costs, including material, labor and any necessary easements, per
mile multiplied by a fraction whose numerator equals the actual number of homes per
mile, andwhose denominator equals thirty (30) homes. Those Persons wishing to
become Subscribers and requesting Service will bear the remainder of the
construction costs on a pro rata basis. Tne Grantee may require that the payment of
these costs by such potential Subscribers be made in advance. Access to Cable
Service shall not be denied to any group of potential residential cable Subscribers
because of the income of the residents of the area in which such group resides.
Grantee shall be given a reasonable period of time to construct and activate cable
plant to service annexed or newly developed areas but in no event not to exceed
twelve (12) months from notice thereof by LMCC to Grantee.
8.
Written Notice. All notices, reports, or demands required to be given in writing
under this Franchise shall be deemed to be given when delivered personally to any
officer of Grantee or LMCC's Administrator of this Franchise or forty-eight (48)
hours after it is deposited in the United States mail in a sealed envelope, with
registered or certified mail postage prepaid thereon, addressed to the party to whom
notice is being given, as follows:
If to LMCC:
Lake Minnetonka Communications Commission
540 Second Street, P.O. Box 473
Excelsior, MN 55331-0473
Attention: Cable Administrator
With copies to:
Thomas D. Creighton, Esq.
Robert J. V. Vose, Esq.
Bernick and Lifson
Suite 1200, The Colonnade
5500 Wayzata Boulevard
Minneapolis MN 55416
7.
If to Grantee:
Triax Midwest Associates, L.P.
Regional Manager
212 - 15th Avenue NE
Waseca,~ 56093
With copies to:
Jane E. Bremer, Esq.
Larkin, Hoffman, Daly & Lindgren, Ltd.
1500 Norwest Financial Center
7900 Xerxes Avenue South
Bloomington, MN 55431
Such addresses may be changed by either party upon notice to the other party given as provided in
this Section.
9.
Drops to Public Buildings. Grantee shall provide, free of charge, Installation of one
(1) two-way activated cable Drop which does not include upstream transmission
equipment, one (1) cable outlet, and monthly Basic Cable Service without charge to
the institutions identified in Exhibit B attached and such other public or educational
institutions within the cable service territory which the LMCC may designate and
which are within 250 feet of the System.
.
No redistribution of the free Basic Cable Service provided pursuant to this Section
shall be allowed without the Grantee's prior written consent. Additional Drops
and/or outlets in any of the above locations shall be provided by Grantee at the cost
of Grantee's time and material. Alternatively, at the institution's request, said
institution may add outlets at its own expense, as long as such Installation meets
applicable FCC technical standards. Drops to subsequently designated institutions
in excess of250 feet shall be provided by the Grantee at the cost of Grantee's time
and materials less the cost of the 250 feet closest to the building. Grantee shall have
one (1) year from the date of the LMCC designation of additional institution(s) to .
complete construction of the Drop and outlet.
SECTION 3.
CONSTRUCTION STANDARDS
1. Registration. Permits and Construction Codes.
a Grantee shall strictly adhere to all state and local laws and building and
zoning codes currently or hereafter applicable to location, construction,
installation, operation or maintenance of the System in the LMCC Franchise
Area.
b. The LMCC shall have the right to inspect all construction or installation work
performed pursuant to the provisions of the Franchise and to make such tests
8.
as it shall find necessary to ensure compliance with the terms of the Franchise
and applicable provisions oflocal, state and federal law.
2. Repair of Rights-of-VVav and PropertY. Any and all Rights-of-VVay or public
property or private property, which are disturbed or damaged during the construction,
repair, replacement, relocation, operation, maintenance or reconstruction of the
System shall be promptly and fully restored by Grantee, at its expense, to the same
condition as that prevailing prior to Grantee's work. If Grantee fails to promptly
perform the restoration required herein, a Member Municipality shall have the right
to enforce its own ordinances and in the case where there are no applicable municipal
ordinances addressing restoration, the LMCC may perform the restoration of the
. Rights-of- VVay, public, or private property as required herein at Grantee's expense.
3. Conditions on Right-of-VVav Use.
.
.
a.
Nothing in this Franchise shall be construed to prevent a Member
Municipality from adopting and enforcing requirements for the usage of
Rights-of-Way or from constructing, maintaining, repairing or relocating
sewers; grading, paving, maintaining, repairing, relocating and/or altering any
Right-of- Way; constructing, laying down, repairing, maintaining or
relocating any water mains; or constructing, maintaining, relocating, or
repairing any sidewalk or other public work.
b. All System transmission and distribution structures, lines and equipment
erected by the Grantee shall be located so as not to obstruct or interfere with
the use of Right-of- VV ay and to cause minimum interference with the rights
of property owners who abut any of said Right-of-VVay and not to interfere
with existing public utility installations.
c.
If at any time during the period of this Franchise a Member Municipality
shall elect to alter or change the grade or location of any Right-of- VVay, the
Grantee shall, upon reasonable notice by the Member Municipality and in a
manner consistent with the Member Municipalities' ordinances, remove and
relocate its poles, wires, cables, conduits, manholes and other fixtures of the
System, and in each instance comply with the standards and specifications of
the Member Municipality. If the Member Municipality en~ers into an
agreement to reimburse other occupants of the Right;.of- VVay for such
relocation or removal, Grantee shall be likewise reimbursed.
d. The Grantee shall not place poles, conduits, or other fixtures of System above
or below ground where the same will interfere with any gas, electric,
telephone, water or other utility fixtures and all such poles, conduits, or other
fixtures placed in any Right-of-VVay shall be so placed as to comply with all
requirements of the Member Municipalities.
9.
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c. All System structures, and lines, equipment and connections in, over, under
and upon the Rights-of-Way, wherever situated or located, shall at all times
be kept and maintained in good condition, order, and repair so that the same
shall not menace or endanger the life or property of the LMCC, a Member
Municipality, or any Person.
SECTION 4.
DESIGN PROVISIONS
1. Svstem Up~rade: Minimum Channel Capacity.
.
.
a.
Grantee shall develop, construct and continue for the term of this Franchise
to provide a 750 MHz fiber/coaxial hybrid System which is engineered and
activated so as to be capable of delivering a minimum of eighty (80) video
programmed channels throughout the term of this Franchise and which
actually delivers to all Subscribers capable of receiving them a minimum of
sixty (60) video progranuned channels. The System shall be designed with
an average five hundred (500) homes per fiber node configuration as more
fully detailed in Exhibit A attached.
b.
All programming decisions remain the discretion of Grantee; provided,
however, that any change in the broad catagories of video programming or
other information services shall require the approval of the LMCC consistent
with 47 D.S.C. S 544(b), which approval shall not be unreasonably withheld,
and further provided that Grantee notifies the LMCC and Subscribers in
writing thirty (30) days prior to any channel additions, deletions, or
realignments, and further subject to Grantee's signal carriage obligations
hereunder and pursuant to 47 D.S.C. S 531-536, and further provided that
Grantee may not eliminate, move or renumber any PEG access or other
community programming channel required hereunder without prior approval
of the LMCC. Grantee shall conduct programming surveys from time to time
to obtain input on programming decisions from Subscribers. The current
access channel designations are 8, 19,20, and 21.
c. Grantee shall interconnect with any adjoining Cable System at such time as
consent from the adjoining operator is received. The LMCC may initiate or
otherwise participate in negotiation of such interconnection. Nothing herein
shall require Grantee to interconnect unless the operator of the adjoining
System agrees to pay a pro rata share of the interconnection costs.
2. Reserved Caoacity.
a. Amount of Reserved Capacity. Grantee shall reserve capacity equivalent to
11.
four (4) fibers for future non-commercial use by institutions within the
LMCC franchise area at a cost determined in accordance with the formula
provided below. Institutional usage of capacity beyond that required to be
reserved herein shall be at market rates. Institutions shall have priority in
usage of capacity equivalent to one (1) fiber reserved herein and Grantee
shall make all or a desired portion of such capacity available within sL'X (6)
months upon receipt of written notice from the Commission on behalf of
requesting institutions; provided, however, except for the one (1) fiber
reserved for priority usage by institutions, nothing herein shall require
Grantee to void existing contracts for use of capacity nor shall Grantee be
required to discontinue providing a product or service to its customers in
order to accommodate the Commission. The Commission shall have priority
usage with respect to all of the four (4) fiber capacity reserved herein at the
expiration or termination of any of Grantee's existing contracts, products or
services utilizing said capacity.
b.
Charge for Capacity. Grantee may charge institutions making use of
reserved capacity a fee equal to Grantee's cost plus ten percent (10%) of such
cost. Grantee's cost for these purposes shall not include any amount for
initial capital investment. Grantee may charge market rates for the provision
of any equipment requested by an institution or for additional facilities,
wiring or service connections beyond a standard Drop required for a
particular service or application.
c.
Limitations on Services/Applications. Grantee shall not be required to
provide any particular service or application which Grantee lacks
technological ability or regulatory approval to provide. A requesting
institution may provide equipment or seek regulatory approval independent
of Grantee in order to provide such service or application via reserved
capacity provided Grantee may require compliance with FCC standards and
may require a lease agreement which includes, but is not limited to, an
indemnification of Grantee. No institution or the Commission may assign or
sublease this capacity or any service provided via said capacity. No
institution shall allow the capacity to be utilized by any user for any purpose
other than the non-commercial internal use for which it is dedicated. Grantee
reserves the right to terminate access to said capacity in the event of violation
of this provision.
3. Construction Timetable. Grantee shall complete construction related to the System
upgrade required herein and activate such upgrade within 24 months of the effective
date of this Franchise. Failure to timely cQmplete such construction shall be a
violation of this Franchise.
4. Operation and Maintenance of Svstem. The Grantee shall render effective service,
make repairs promptly, and interrupt service only for good cause and for the shortest
12.
.
.
time possible. Such interruption, to the extent feasible, shall be preceded by notice
in accordance with Section 2.9 herein and shall occur during periods of minimum use
of the System.
5. Technical Standards. The technical standards used in the operation of the System
shall comply, at minimum, with the technical standards promulgated by the FCC
relating to Cable Systems pursuant to Title 47, Section 76.601 to 76.617, as may be
amended or modified from time to time, which regulations are expressly incorporated
herein by reference. Any failure to comply with the FCC technical standards shall
be a violation of this Franchise.
6. . Special Testing.
a.
The LMCC may require testing of a location or locations within the System
or the System as a whole. Demand for such special tests may be made on the
basis of complaints received or other evidence indicating an umesolved
controversy or noncompliance. The LMCC shall endeavor to so arrange its
request for such special testing so as to minimize hardship or inconvenience
to Grantee or to the Subscribers caused by such testing.
.
b. Before ordering such tests, Grantee shall be afforded thirty (30) days to
correct problems or complaints upon which tests were ordered. If the thirty
(30) days have elapsed without correction of the matter in controversy or
u..TU'esolved complaints, the tests shall be conducted by a qualified engineer
selected by LMCC.
c. In the event that special testing determines that the System or Grantee is the
source of technical difficulties in violation of the FCC technical
specifications as required by this Franchise, the cost of said testing shall be
reimbursed by the Grantee.
.
7.
FCC Reports. The results of any tests required to be filed by Grantee with the FCC
shall also be filed with the LMCC or its designee within ten (10) days of the conduct
of such tests.
8. Nonvoice Return Capability. Grantee is required to use cable having ~e technical
capacity for nonvoice return communications.
9. Lockout Device. Upon the request of a Subscriber, Grantee shall provide a Lockout
Device.
10. Service to the Citv ofInde.pendence. Service shall be provided to all areas in the City
ofIndependence which exceed thirty (30) homes per mile. However, until Grantee
serves at least 50 Subscribers in Independence the requirements of this Franchise,
other than this paragraph, shall not apply to Grantee's provision of service in
Independence. The LMCC or City of Independence may inquire of Grantee at anya
13.
time as to the number of subscribers in Independence, may independently calculate
the number of Subscribers, and, in any event, Grantee shall notify the LMCC
immediately upon serving 50 or more subscribers.
11. Regional Channel 6. At such time as Grantee receives a signal from Regional
Channel 6 which meet FCC technical standards and can be provided throughout the
System at an acceptable signal level, Grantee shall provide said channel to
Subscribers. Grantee shall support any request by the Commission to Regional
Channel 6 regarding the provision of an acceptable signal but shall not be required
to commit funding to provide or receive such signal.
SECTION 5.
SERVICES PROVISIONS
1. Regulation of Service Rates.
a.
The LMCC may regulate rates for the prOVISIon of Cable Service,
equipment, or any other communications service provided over the System
to the extent allowed under federal or state law(s). The LMCCreserves the
right to regulate rates for any future services to the extent permitted by law.
.
b. A list of Grantee's current Subscriber rates and charges shall be maintained
on file with the LMCC and shall be available for public inspection. Grantee
shall give the LMCC and Subscribers written notice of any change in a rate
or charge no less than thirty (30) days prior to the effective date of the
change.
2.
Non-Standard Installations. Grantee shall install and provide Cable Service to any
Person requesting other than a Standard Installation provided that said Cable Service
can meet FCC technical specifications. In such case, Grantee may charge for the
incremental increase in material and labor costs incurred beyond the Standard
Installation.
.
3. Sales Procedures. Grantee shall not exercise deceptive sales procedures when
marketing any of its services within LMCC. Grantee shall have the right to market
door-to-door during reasonable hours consistent with local ordinances and regulation.
4. Subscriber Inqull:y and Com.,plaint Procedures.
a. Grantee shall have a publicly listed toll-free telephone number which shall
be operated so as to receive Subscriber complaints and requests on a
twenty-four (24) hour-a-day, seven (7) days-a-week basis. During normal
business hours, trained representatives of Grantee shall be available to
respond to Subscriber inquiries.
14.
b. Grantee shall maintain adequate numbers of telephone lines and personnel to
respond in a timely manner to schedule service calls and answer Subscriber
complaints or inquiries in a manner consistent with regulations adopted by
the FCC at 47 C.F.R. g 76.309. Grantee shall respond to written complaints
with copy to the LMCC or its designee within thirty (30) days.
c. Subject to Grantee's obligations pursuant to law to maintain the privacy of
certain information, Grantee shall prepare and maintain written records of all
complaints received and the resolution of such complaints, including the date
of such resolution. Such written records shall be on file at the office of
Grantee. Grantee shall provide the LMCC with a written summary of such
complaints and their resolution on a quarterly basis. Grantee and the LMCC
will discuss and agree upon the form and substance of such quarterly reports.
d.
Subscriber requests for repairs shall be performed within twenty-four (24)
hours of the request unless conditions beyond the control of Grantee prevent
such performance. Grantee may schedule appointments for Installations and
other service call either at a specific time or, at a maximum, during a four
hour time block during normal business hours. Grantee may also schedule
service calls outside normal business hours for the convenience of customers.
Grantee may not cancel an appointment with a customer after the close of
business on the business day prior to the scheduled appointment. If the
installer or technician is late and will not meet the specified appointment
time, he/she must contact the customer and reschedule the appointment at the
sole convenience of the customer. Service call appointments must be met
95% of the time, measured quarterly.
.
5.
Billing. Grantee must give Subscribers thirty (30) days advance written notice with
copy to LMCC before any changes in rates, programming services, or channel
positions. Bills must be clear, concise, and understandable, with itemization of all
charges for Basic and Cable Programming Services, equipment charges, and any
optional services, charges, and other activity during the billing period.
.
6. Subscriber Contracts. Grantee shall file with the LMCC any standard form
Subscriber contract utilized by Grantee. If no such written contract exists, Grantee
shall.file with the LMCC Administrator a document completely and conoisely stating
the length and terms of the Subscriber contract offered to customers. The length and
terms of any Subscriber contract(s) shall be available for public inspection during
normal business hours.
7. Refund Policv. In the event a Subscriber establishes or terminates service and
receives less than a full month's service, Grantee shall prorate the monthly rate on
the basis of the number of days in the period for which service was rendered to the
number of days in the billing. If Service is interrupted or discontinued for a total
period of more than twenty-four (24) hours, Subscribers shall be credited pro rata for
15.
such interruption beginning with the date of interruption.
8. Late Fees. Fees for the late payment of bills shall not accrue until the normal billing
cut-off for the next month's service and in no event less than one (1) month after the
unpaid bill in question was sent to the Subscriber. Payments at the cable operator's
drop-box location shall be deemed received on the date such payments are picked up
by the cable operator which shall occur within 24 hours after every due date. The
cable operators shall continue to provide a "grace period" of at least five (5) days
after each due date. Late fees shall not exceed the Grantee's actual and demonstrable
costs associated with collection of late payments as may be determined by a court of
competent jurisdiction.
9. Drop Box. Grantee shall maintain a local droP. box for receiving Subscriber
payments after hours.
10.
Additional Customer Service Requirements. The LMCC expressly reserves authority
to adopt additional or modified customer service requirements to address subscriber
concerns or complaints in accordance with federal law.
SECTION 6.
ACCESS CHANNEL(S) PROVISIONS
1. Public. Educational and Government Access.
a.
The LMCC is hereby designated to operate, administer, promote, and manage
community programming (public, education, and government programming)
(hereinafter "PEG access") in the Cable System established pursuant to this
Section 6 beginning January 1, 1999. The Grantee and LMCC shall maintain
the status quo with respect to PEG access obligations prior to January 1,
1999.
b.
Grantee shall dedicate 5 channel(s), with channel defined as a six (6) MHz
spectrum. allocation, for PEG access and community programming use. All
residential Subscribers who receive all or any part of the total services offered
on the System shall be eligible to receive such channels at no additional
charge. The channel(s) shall be activated upon the effective date of this
Franchise and thereafter maintained. The LMCC may rename, reprogram,
or otherwise change the use of these channels in its sole discretion, provided
such use is non-commercial and retains the general purpose of the provision
of community programming. Nothing herein shall diminish the LMCC's
rights to secure additional channels pursuant to Minn. Stat S 238.084, which
is expressly incorporated herein by reference. The LMCC shall provide
ninety (90) days prior written notice to Grantee ofL\1CC's intent to activate
access channels and shall allow Grantee reasonable time to vacate said
channel(s).
16.
.
.
c. The VHF spectrum must be used for the PEG access channel(s) required in
this Section. Grantee shall designate the channel locations of any other
access channel(s) but may not move or otherwise change the channel number
or location of any PEG access or community program channel without the
written approval of the LMCC.
2. Char~es for Use. Channel time and playback of prerecorded programming on the
PEG access and community program channel(s) must be provided without charge to
the LMCC and the public.
3. . Access Rules. LMCC, or its designee, shall implement rules for use of any access
. 9hannel(s).
; 4. Access Support.
.
.
a.
Grantee shall continue to sublease the current studio space in Excelsior to the
LMCC at a rental rate equal to Grantee's expense until such time as the
LMCC locates suitable replacement space or Grantee's lessor refuses to
continue the prime lease. Grantee shall make good faith efforts to continue
to lease said space and sublease same to the LMCC until suitable replacement
space is located. Grantee shall, upon any relocation of said studio space, pay
the LMCC's relocation and remodeling expenses in an amount capped at
$10,000.00.
b.
Grantee shall collect from Subscribers and quarterly pay to the LMCC in
support of PEG operations the full amount of revenues generated by a Fifty
Cent ($.50) per month, per Subscriber fee beginning upon the Effective Date
of this Franchise. This fee may be separately itemized as a "PEG Fee" and
passed through to Subscribers independent from rates regulated pursuant to
FCC regulations. The LMCC may require increases in the PEG Fee but in
no event shall such increases be required more frequently than every two (2)
years beginning in the first year after the Effective Date of this Franchise and,
further, in no event shall the PEG Fee required in support of PEG operations
exceed One Dollar ($1.00) increased yearly by the increase in the Consumer
Price Index for the prior year. Such payment shall be separate from and in
addition to the Franchise Fee.
c. Grantee shall transfer title to any PEG equipment which it owns currently to
provide PEG programming to the LMCC as is indicated on attached Exhibit
C. Grantee shall repair or replace such equipment specifically noted on
Exhibit C prior to transfer, as Grantee and LMCC may agree is necessary and
appropriate.
17.
SECTION 7.
OPERATION AND ADMINISTRATION PROVISIONS
1. Administration of Franchise. The LMCC or its designee shall have continuing
regulatory jurisdiction and supervision over the System and the Grantee's operation
under the Franchise.
2. Dele~ated Authority. The LMCC may delegate to any other body or Person
authority to administer the Franchise and to monitor the performance of the Grantee
pursuant to the Franchise; provided, however, that any and all ultimate enforcement
. authority shall be exercised only by the LMCC in accordance with the terms of this
Franchise. Grantee shall cooperate with any such delegatee of the LMCC.
3. Franchise Fee.
a.
During the term of the Franchise, Grantee shall pay to the LMCC a Franchise
Fee in an annual amount equal to five percent (5%) of its Gross Revenues.
.
b. Any payments due under this provision shall be payable quarterly. The
payment shall be made 'Within sixty (60) days of the end of each of Grantee's
current fiscal quarters together with a report in form reasonably acceptable
to LMCC and Grantee and which shows the basis for the computation.
c. All amounts paid shall be subject to audit and recomputation by the LMCC
and acceptance of any payment shall not be construed as an accord that the
amount paid is in fact the correct amount.
4.
Access to Records. The LMCC shall have the right to inspect, upon reasonable
notice and during normal business hours, any records maintained by Grantee which
relate to this Franchise or System operations including specifically Grantee's
accounting and financial records, subjectto the privacy provisions of 47 U.S.C. S 521
et seq.
.
5. Reports and Maps to be Filed with the LMCC.
a. Grantee shall file with the LMCC, at the time of payment of th~ Franchise
Fee, a repon of all Gross Revenues certified by an officer of the Grantee.
b. Grantee shall prepare and furnish to the LMCC, at the times and in the form
prescribed, such other reports with respect to the operations, affairs,
transactions or property, as they relate to the System, which Grantee and the
LMCC may agree upon.
c. Grantee shall furnish to and file with the LMCC Administrator upon request
the maps, plats, and permanent records of the location and character of all
18.
facilities constructed, including underground facilities.
6. Periodic Evaluation.
. .
.
a.
The LMCC may require evaluation sessions at any time during the term of
this Franchise, upon thirty (30) days written notice to Grantee. ,
b.
All evaluation sessions shall be open to the public. Grantee shall notify its
Subscribers of all evaluation sessions by announcement of at least sixty (60)
seconds in duration on at least one (I)-Basic Service channel of the System
between the hours of7:00 p.m. and 900 p.m. for five (5) consecutive days
preceding each session.
c.
Topics which may be discussed at any evaluation session may include, but
are not limited to, application of new technologies, System performance,
programming offered, access channels, facilities and support, municipal uses
of cable, customer complaints, amendments to this Franchise, judicial rulings,
FCC rulings, line extension policies and any other topics the LMCC and
Grantee deem relevant.
d. As a result of a periodic review or evaluation session, the LMCC may request
Grantee to amend the Franchise to provide additional services or facilities as
are mutually agreed upon and which are both economically and technically
feasible.
SECTION 8.
GENERAL FINANCL-U. A.i',l) INSlJRANCE PROVISIONS
1. Performance Bond.
.
a.
At the time the Franchise becomes effective and at all times thereafter, until
the Grantee has liquidated all of its obligations with the LMCC, the Grantee
shall furnish a bond to the LMCC naming the Member Municipalities as
additional obligees in the amount of One Hundred Fifty Thousand Dollars
($150,000.00) in a form and with such sureties as are reasonably acceptable
to the LMCC. This bond will be conditioned upon the faithful performance
of the Grantee according to the terms of the Franchise and upon the further
condition that in the event the Grantee shall fail to comply with any law,
ordinance or regulation governing the Franchise, there shall be recoverable
jointly and severally from the principal and surety of the bond any damages
or loss suffered by the LMCC or its Member Municipalities as a result,
including the full amount of any compensation, indemnification or cost of
removal or abandonment of any property of the Grantee, plus a reasonable
allowance for attorneys' fees and costs, up to the full amount of the bond, and
further guaranteeing payment by the Grantee of claims, liens and taxes due
19.
the LMCC or its Member Municipalities which arise by reason of the
construction, operation, or maintenance of the System. The rights reserved
by the LMCC with respect to the bond are in addition to all other nghts the
LMCC may have under the Franchise or any other law. The LMCC may,
from year to year, in its sole discretion, reduce the amount of the bond.
b. The time for Grantee to correct any violation or liability, shall be extended
by the LMCC if the necessary action to correct such violation or liability is
of such a nature or character as to require more than thirty (30) days within
which to perform, prOvided Grantee provides written notice that it requires
more than thirty (30) days to correct such violations or liability, commences
the corrective action within the thirty (30) days period and thereafter uses
reasonable diligence to correct the violation or liability.
c.
In the event this Franchise is canceled by reason of default of Grantee or
revoked, the LMCC shall be entitled to collect from the performance bond
that amount which is attributable to any damages sustained by the LMCC
pursuant to said default or revocation. Grantee, however, shall be entitled to
the return of such performance bond, or portion thereof, as remains at the
expiration of the term of the Franchise. '
d. The rights reserved to the LMCC with respect to the performance bond shall
not be deemed an exclusive remedy and are in addition to all other rights of
the LMCC whether reserved by this Franchise or authorized by law, and no
action, proceeding or exercise of a right with respect to the performance bond
shall affect any other right the LMCC may have.
2. Letter of Credit.
At the time of acceptance of this Franchise, Grantee shall deliver to the
LMCC an irrevocable and unconditional Letter of Credit, in form and
substance acceptable to the LMCC, from a National or State bank approved
by the LMCC, in the amount of Twenty Thousand Dollars ($20,000.00).
b. The Letter of Credit shall provide that funds will be paid to the LMCC, upon
written demand of the LMCC, and in an amount solely determined by the
LMCC in payment for penalties charged pursuant to this section, 'in payment
for any monies owed by Grantee pursuant to its obligations under this
Franchise, or in payment for any damage incurred as a result of any acts or
omissions by Grantee pursuant to this Franchise.
a.
c. In addition to recovery of any monies owed by Grantee to the LMCC or
damages to the LMCC as a result of any acts or omissions by Grantee
pursuant to the Franchise, the LMCC, in its sole discretion, may charge to
and collect from the Letter of Credit the following penalties:
20.
.
.
1. For failure to complete system upgrade as provided herein, unless the
LMCC approves the delay, the penalty shall be Three Hundred
Dollars ($300,00) per day for each day, or part thereof, such failure
occurs or contInues.
11. F or failure to provide data, documents, reports or information or to
cooperate with the LMCC during an application process or system
review or as otherwise provided herein, the penalty shall be Fifty
Dollars ($50.00) per day for each day, or part thereof, such failure
occurs or continues.
lll. For failure to comply with construction, operation or maintenance
standards, including the customer service requirements herein, the
penalty shall be One Hundred Dollars ($100.00) per day for each day,
or part thereof, such failure occurs or continues.
.
IV.
For failure to provide the services Grantee has proposed, including,
but not limited to, the implementation and the utilization of the access
channels and the maintenance and/or replacement of the equipment
and other facilities, the penalty shall be One Hundred Dollars
($100.00) per day for each day, or part thereof, such failure occurs
or continues.
v. For violation of any other provision of this Franchise or applicable
federal, state, or local law or regulation, the penalty shall be Fifty
Dollars ($50.00) per day for each day, or part thereof, such violation
continues.
d. Each violation of any provision of this Franchise shall be considered a
separate violation for which a separate penalty can be imposed.
.
e.
Whenever the LMCC finds that Grantee has violated one or more terms,
conditions or provisions of this Franchise, a written notice shall be given to
Grantee informing it of such violation. At any time after thirty (30) days
following receipt of notice, provided Grantee remains in violation of one or
more terms, conditions or provisions of this Franchise, in the sole opinion of
the LMCC, the LMCC may draw from the Letter of Credit all penalties or
monies due the LMCC from the date of the local receipt of notice. The
LMCC may grant additional time beyond the initial thirty (30) days in the
event the LMCC determines such additional time is necessary to cure the
alleged violation.
f. Grantee may, within fifteen (15) days of receipt of such notice, notify the
LMCC in writing that there is a dispute as to whether a violation or failure
has in fact occurred. Such written notice by Grantee to the LMCC shall
21.
specify with particularity the matters disputed by Grantee. All penalties shall
continue to accrue and the LMCC may draw from the Letter of Credit at the
end of the thirty (30) day cure period notwithstanding Grantee's dispute
regarding the violation.
1. The LMCC shall hear Grantee's dispute at the next regularly
scheduled meeting or within sixty (60) days of receipt of said notice,
whichever is shorter.
ii. Upon determination by the LMCC that no violation has taken place,
the LMCC shall rescind the notice of violation and refund to Grantee,
without interest, all monies drawn from the Letter of Credit bv reason
01
of the alleged violation.
g.
If said Letter of Credit or any subsequent Letter of Credit delivered pursuant
thereto expires prior to five (5) months after the expiration of the term of this
Franchise, it shall be renewed or replaced during the term of this Franchise
to provide that it will not expire earlier than five (5) months after the
expiration of this Franchise. The renewed or replaced Letter of Credit shall
be of the same form and amount and 'l,vith a bank authorized herein.
.
h. If the LMCC draws upon the Letter of Credit or any subsequent Letter of
Credit delivered pursuant hereto, in whole or in part, Grantee shall replace the
same within ten (10) days and shall deliver to the LMCC a like replacement
Letter of Credit for the full amount stated in Paragraph a of this section as a
substitution of the previous Letter of Credit.
1.
If any Letter of Credit is not so replaced, the LMCC may draw on said Letter
of Credit for the whole amount thereof and use the proceeds as the LMCC
determines in its sole discretion. The failure to replace any Letter of Credit
may also, at the option of the LMCC, be deemed a default by Grantee under
this Franchise. The drawing on the Letter of Credit by the LMCC, and use
of the money so obtained for payment or performance of the obligations,
duties and responsibilities of Grantee which are in default, shall not be a
waiver or release of such default
.
J. The collection by the LMCC of any damages, monies or penaltIes from the
Letter of Credit shall not be deemed an exclusive remedy and shall not affect
any other right or remedy available to the LMCC, nor shall any act, or failure
to act, by the LMCC pursuant to the Letter of Credit, be deemed a waiver of
any right of the LMCC pursuant to this Franchise or otherwise.
3.' Indemnification of the LMCC.
a. The LMCC, its officers, boards, committees, conunissions, elected officials,
employees and agents shall not be liable for any loss or damage to any real
22.
or personal property of any Person, or for any injury to or death of any
Person, arising out of or in connection with the construction, operation,
maintenance, repair or removal of, or other action or event with respect to the
System or as to any other action or event with respect to this Franchise.
b. Grantee shall indemnify, defend, and hold harmless the LMCC, its officers,
boards, committees, commissions, elected officials, employees and agents,
from and against all liability , damages, and penalties which they may legally
be required to pay as a result of the exercise, administration, or enforcement
of the Franchise including, but not limited to, the reimbursement to LMCC
of any insurance deductible paid by LMCC:
c.
Nothing in this Franchise relieves a Person, except the LMCC, from liability
arising out of the failure to exercise reasonable care to avoid injuring the
Grantee's facilities while performing work connected with grading,
regrading, or changing the line of a Right-of-Way or public place or with the
construction or reconstruction of a sewer or water system.
.
d. In order for LMCC to assert its rights to be indemnified, defended, and held
harmless, LMCC must with respect to each claim:
1. Promptly notify Grantee in writing of any claim or legal proceeding
which gives rise to such right.
11. Afford Grantee the opportunity to participate in and fully control any
compromise, settlement or other resolution or disposition of any
claim or proceeding; and
lll.
Fully cooperate with reasonable requests of Grantee, at Grantee's
expense, in its participation in, and control, compromise, settlement
or resolution or other disposition of such claim or proceeding subject
to Paragraph 2 above.
.
4. Insurance.
a. Grantee shall file with its acceptance of this Franchise, and at all times
thereafter maintain in full force and effect at its sole expense, a.
comprehensive general liability insurance policy, including
broadcaster' sI.cablecaster' s liability and contractual liability coverage, in
protection of the Grantee, and the LMCC, its officers, elected officials,
boards, commissions, agents and employees for any and all damages and
penalties which may arise as a result of this Franchise. The policy or
policies shall name the LMCC as an additional insured, and in their
capacity as such, the LMCC officers, elected officials, boards,
commissions, agents and employees.
23.
b. The policies of insurance shall be in the sum of not less than One Million
Dollars ($1,000,000.00) for personal injury or death of anyone Person,
and Two Million Dollars ($2,000,000.00) for personal injury or death of
two or more Persons in anyone occurrence, Five Hundred Thousand
Dollars ($500,000.00) for property damage to anyone person and Two
Million Dollars ($2,000,000.00) for property damage resulting from any
one act or occurrence.
c. The policy or policies of insurance shall be maintained by Grantee in full
force and effect during the entire term of the Franchise. Each policy of
insurance shall contain a statement on its face that the insurer will not
cancel the policy or fail to renew the policy, whether for nonpayment of
premium, or otherwise, and whether at the request of Grantee or for other
reasons, except after sixty (60) days advance written notice have been
provided to the LMCC.
SECTION 9.
.
SALE, ABANDONMENT, TRANSFER AND REVOCATION OF FRANCHISE
1. LMCC' s Right to Revoke.
a. In addition to all other rights which the LMCC has pursuant to law or
equity, the LMCC reserves the right to revoke, terminate or cancel this
Franchise, and all rights and privileges pertaining thereto, if after the
hearing required by 9.2(b) herein, it is determined that:
1. Grantee has violated any material provision of this Franchise; or
11.
Grantee has attempted to evade any of the material provisions of
the Franchise; or
Hi.
Grantee has practiced fraud or deceit upon the LMCC or
Subscriber.
.
The LMCC may revoke this Franchise without the hearing required by
9 .2(b) herein if Grantee is adjudged a bankrupt.
2. Procedures for Revocation.
a. The LMCC shall provide Grantee with written notice of a cause for
revocation and the intent to revoke and shall allow Grantee sixty (60) days
subsequent to receipt of the notice in which to correct the violation or to
provide adequate assurance of performance in compliance with the
24.
Franchise. Together with the notice required herein, the LMcC shall
provide Grantee with written findings of fact which are the basis of the
revocation.
b. Grantee shall be provided the right to a public hearing affording due
process before the LMCc prior to revocation, which public hearing shall
follow the sixty (60) day notice provided in Subparagraph (a) above. The
LMcc shall provide Grantee with written notice of its decision together
with written findings of fact supplementing said decision.
c. Only after the public hearing and upon written notice of the determination
by the LMcC to revoke the Franchise may Grantee appeal said decision
with an appropriate state or federal court or agency.
d. During the appeal period, the Franchise shall remain in full force and
effect unless the term thereof sooner expires.
.
3.
Abandonment of Service. Grantee may not abandon the System or any portion
thereof without having first given three (3) months written notice to the LMCC.
Grantee may not abandon the System or any portion thereof without
compensating the LMCc for damages resulting from the abandonment.
4. Removal After Abandonment. Termination or Forfeiture.
a.
In the event of termination or forfeiture of the Franchise or abandonment
of the System, the LMcc shall have the right to require Grantee to remove
all or any portion of the System from all Rights-of-Way and public
property within the LMcc, subject to the authority of the Member
Municipalities; provided, however, that the Grantee shall not be required
to remove the System if it is authorized to provide telecommunications
service pursuant to state or federal law.
.
b. If Grantee has failed to commence removal of System, or such part thereof
as was designated by the LMCc, within one hundred twenty (120) days
after written notice of the LMCc demand for removal is given, or if
Grantee has failed to complete such removal within twelve (12) months
after written notice of the LMCC demand for removal is given, the LMCC
shall have the right to apply funds secured by the Letter of Credit and
Performance Bond toward removal and/or declare all right, title, and
interest to the System to be in the LMCc with all rights of ownership
including, but not limited to, the right to operate the System or transfer the
System to another for operation by it pursuant to the provisions of 47
U.S.C. ~ 547.
25.
5. Sale or Transfer of Franchise.
a. No sale, transfer, or corporate change of or in Grantee, including, but not
limited to, the sale of a maj ority of the entity's assets, a merger including
the merger of a subsidiary and parent entity, consolidation, or the creation
of a subsidiary or affiliate entity, shall take place until the parties to the
sale, transfer, or corporate change file a written request with the LMCC for
its approval and such approval is granted by the LMCC, provided,
however, that said approval shall not be required where Grante.e grants a
security interest in its Franchise and assets to secure an indebtedness.
"
.b.
Any sale, transfer, exchange or assignment of stock in Grantee so as to
create a new controlling interest in the System shall be subject to the
requirements of this Section 9.05. The term "controlling interest" as used
herein is not limited to majority stock ownership, but includes actual
working control in whatever manner exercised. As a minimum, "control"
or "controlling interest" as used herein, means a legal or beneficial interest
(even though actual working control does not exist) of at least five percent
(5%).
.
c. The LMCC shall have such time as is permitted by applicable law in
which to review a transfer request, but in no event less than one hundred
and twenty (120) days.
d. The Grantee shall reimburse LMCC for all the legal, administrative, and
consulting costs and fees associated with the LMCC's review of any
request to transfer. Nothing herein shall prevent Grantee from negotiating
partial or complete payment of such costs and fees by the transferee.
e.
In no event shall a sale, transfer, corporate change, or assignment of
ownership or control pursuant to Subparagraph (a) or (b) of this Section be
approved without the transferee becoming a signatory to this Franchise
and assuming all rights and obligations hereunder, and assuming all other
rights and obligations of the transferor to the LMCC.
.
f. In the event of any proposed sale, transfer, corporate change, or
assignment pursuant to Subparagraph (a) or (b) of this Section,. the LMCC
shall have the right of first refusal of any bona fide offer to purchase the
System. Bona fide offer, as used in this Section, means an offer received
by the Grantee which it intends to accept subject to the LMCC rights
under this Section. This ~ntten offer must be conveyed to the LMCC
along with the Grantee's written acceptance of the offer contingent upon
the rights. of the LMCC provided for in this Section.
The LMCC shall be deemed to have waived its rights under this Section in
26.
the following circumstances:
1. If it does not indicate to Grantee in writing, within thirty (30) days
of notice of a proposed sale or assignment, its intention to exercise
its right of purchase; or
11. It approves the assignment or sale of the Franchise as provided
within this Section.
SECTION 10.
PROTECTION OF INDMDUAL RIGHTS
1.
Discriminatory Practices Prohibited. Grantee shall not deny service, deny access,
or otherwise discriminate against Subscribers or general citizens on the basis of
race, color, religion, national origin, sex, age, status as to public assistance,
affectional preference, or disability. Grantee shall comply at all times with all
other applicable federal, state, and local laws, and all executive and administrative
orders relating to nondiscrimination.
.
2. Subscriber Privacv.
a.
Grantee shall comply with the subscriber privacy-related requirements of
47 D.S.C. S 551. No signals including signals of a Class IV Channel may
be transmitted from a Subscriber terminal for purposes of monitoring
individual viewing patterns or practices without the express written
pennission of the Subscriber. Such written permission shall be for a
limited period of time not to exceed one (1) year which may be renewed at
the option of the Subscriber. No penalty shall be invoked for a
Subscriber's failure to provide or renew such authorization. The
authorization shall be revocable at any time by the Subscriber without
penalty of any kind whatsoever. Such permission shall be required for
each type or classification of Class IV Channel activity planned for the
purpose of monitoring individual viewing patterns or practices.
.
b. No lists of the names and addresses of Subscribers or any lists that identify
the viewing habits of Subscribers shall be sold or otherwise made.
available to any party other than to Grantee and its employees for internal
business use, and also to the Subscriber subject of that information, unless
Grantee has received specific written authorization from the Subscriber to
make such data available. Such written permission shall be for a limited
period of time not to exceed one (1) year which may be renewed at the
option of the Subscriber. No penalty shall be invoked for a Subscriber's
failure. to provide or renew such authorization. The authorization shall be
revocable at any time by the Subscriber without penalty of any kind
whatsoever.
27.
c. Written permission from the Subscriber shall not be required for the
conducting of System wide or individually addressed electronic sweeps for
the purpose of verifying System integrity or monitoring for the purpose of
billing. Confidentiality of such information shall be subject to the
provision set forth in Subparagraph (b) of this Section.
SECTION 11.
MISCELLANEOUS PRO\''lSIONS
1. Franchise Renewal. Any renewal of this Franchise shall be performed in
a,ccordance with applicable federal, state and local laws and regulations. The term
of any renewed Franchise shall be limited to a period not to exceed fifteen (15)
years.
2.
Work Performed bv Others. All obligations of this Franchise shall apply to any
subcontractor or others performing any work or services pursuant to the
provisions of this Franchise, however, in no event shall any such subcontractor or
other Person performing work obtain any rights to maintain and operate a System
or provide Cable Service. Grantee shall provide notice to the LMCC of the
name(s) and addressees) of any entity, other than Grantee, which performs
substantial services (in excess of $70,000.00) pursuant to this Franchise.
.
3. Amendment of Franchise Ordinance. Grantee and the LMCC may agree, from
time to time, to amend this Franchise. Such written amendments may be made
subsequent to a review session pursuant to Section 7.5 or at any other time if the
LMCC and Grantee agree that such an amendment will be in the public interest or
if such an amendment is required due to changes in federal, state or local laws,
provided, however, nothing herein shall restrict the LMCC's exercise of its police
powers or Grantee's right to dispute the existence of such police powers.
4.
Compliance with Federal. State and Local Laws.
.
a. If any federal or state law or regulation shall require or permit the LMCC
or Grantee to perform any service or act or shall prohibit the LMCC or
Grantee from performing any service or act which may be in conflict with
the terms of this Franchise, then as soon as possible following knowledge
thereof, either party shall notify the other of the point in conflict believed
to exist between such law or regulation. Grantee and the LMCC shall
conform to state laws and rules regarding cable communications not later
than one year after they become effective, unless otherwise stated, and to
conform to federal laws and regulations regarding cable as they become
effective.
b. If any term, condition or provision of this Franchise or the application
thereof to any Person or circumstance shall, to any extent, be held to be
28.
.
.
invalid or unenforceable, the remainder hereof and the application of such
term, condition or provision to Persons or circumstances other than those
as to whom it shall be held invalid or unenforceable shall not be affected
thereby, and this Franchise and all the terms, provisions and conditions
hereof shall, in all other respects, continue to be effective and complied
with provided the loss of the invalid or unenforceable clause does not
substantially alter the agreement between the parties. In the event such
law, rule or regulation is subsequently repealed, rescinded, amended or
otherwise changed so that the provision which had been held invalid or
modified is no longer in conflict with the law, rules and regulations then in
effect, said provision shall thereupon return to full force and effect and
shall thereafter be binding on Grantee and the LMCC.
5.
Nonenforcement bv LMCC. Grantee shall not be relieved of its obligations to
comply with any of the provisions of this Franchise by reason of any failure or
delay of the LMCC to enforce prompt compliance. The LMCC may only waive
its rights hereunder by expressly so stating in writing. Any such written waiver
by the LMCC of a breach or violation of any provision of this Franchise shall not
operate as or be construed to be a waiver of any subsequent breach or violation.
6.
Rights Cumulative. All rights and remedies given to the LMCC and the Member
Municipalities by this Franchise or retained by the LMCC and the Member
Municipalities herein shall be in addition to and cumulative with any and all other
rights and remedies, existing or implied, now or hereafter available to the LMCC
and the Member Municipalities, at law or in equity, and such rights and remedies
shall not be exclusive, but each and every right and remedy specifically given by
this Franchise or otherwise existing or given may be exercised from time to time
and as often and in such order as may be deemed expedient by the LMCC and the
Member Municipalities and the exercise of one or more rights or remedies shall
not be deemed a waiver of the right to exercise at the same time or thereafter any
other right or remedy.
7. Grantee Acknowledgment ofValiditv of Franchise. Grantee acknowledges that it
has had an opportunity to review the terms and conditions of this Franchise and
that under current law Grantee believes that said terms and conditions are not
unreasonable or arbitrary, and that Grantee believes the LMCC has the power to
make the terms and conditions contained in this Franchise.
SECTION 12.
PlJBLICATION EFFECTIVE DATE; ACCEPTANCE AND EXHIBITS
1. Publication: Effective Date. This Franchise shall be published in accordance with
applicable local and Minnesota law. The Effective Date of this Franchise shall be
the date of acceptance by Grantee in accordance with the provisions of this
29.
Section 12.2.
2. Acceptance.
a. Grantee shall accept this Franchise \Nithin sixty (60) days of its enactment
by the LMCC, unless the time for acceptance is extended by the LMCC.
Such acceptance by the Grantee shall be deemed the grant of this
Franchise for all purposes provided. In the event acceptance does not take
place, or should all ordinance adoption procedures and timelines not be
completed, this Franchise and any and all rights previously granted to
Grantee shall be null and void.
, .
b. Upon acceptance of this Franchise, Grantee shall be bound by all the terms
and conditions contained herein
c. Grantee shall accept this Franchise in the following manner:
1.
This Franchise will be properly executed and acknowledged by
Grantee and delivered to the LMCC.
.
11. With its acceptance, Grantee shall also deliver any grant payments,
performance bond and insurance certificates required herein that
have not previously been delivered.
.
30.
.
.
Passed and adopted this
ATTEST:
LAKE MINNETONKA
COMMUNICA TrONS
COMMISSION
By:
By:
Its:
Its:
ACCEPTED: This Franchise is accepted and the undersigned agrees to be bound by its terms
and conditions.
TRIAX MIDWEST ASSOCIATES,
L.P.
Dated:
By:
Its:
U:\cable\LMCC\033917 4.D 15. wpd
31.
EXHIBIT A
LAKE JVITh'NETONKA CABLE COMMISSION
SYSTEM UPGRADE OVERVIEW
System Capacity
The upgraded HFC (hybrid fiber/coax) network will be designed to operate with a bandwidth of 5
MHz to 750 MHz, with 50 MHz to 550 MHz being allocated for video services. The remaining
upper 200 MHz of bandwidth will be reserved for such services as the marketplace may dictate
including compressed digital signals.
The network will have return capability utilizing spectrums from 5 MHz to 40 MHz, and will be
activated on both the coaxial and optical portions of the system. The return capability can be used
to transmit both data and video, and may be used for insertion oflocally-originated programming,
monitoring of certain key components in the network, and transmission of data from set-top
terminals used for pay-per-view and other customer serviceS.
.
Fiber optic transmitters, cable, and optical receivers will be used to transport the signals from the
origination site to at least one receiving location, or "node," in each community. There will be a
reasonable average of 500 homes served from each node.
After each node is installed, the number of active electronics, or amplifiers, will be reduced to the
minimum required to reach the limits of the community, while still maintaining measurable picture
quality better than current FCC requirements. "Standby" power supplies will automatically provide
battery power to the coaxial system for several hours in the event of a commercial power
interruption. The batteries are automatically recharged after power is restored.
Customers 'Will have the option of an "addressable" set-top terminal to access programming carried
on the netwQrk. Through the set-top terminal the customer can purchase special programming, such
as "pay-per-view." Customers with cable-ready televisions will not need a converter to receive the .
basic and expanded basic video channels.
Fiber Optics and Coaxial Plant in the Network
The optical transmission system is the backbone of the new network. At the origination site, all
programming to be carried on the system will be converted to optical signals, and transmitted out
into the system by a network of fiber optics cables.
The optical network will provide 6 individual fibers to each node location. Each node will serve a
reasonable average of 500 homes via coaxial cable.
1
.
.
The coaxial portion of the plant will begin at the node itself, where signals will be distributed over
a short coax network, consisting of network amplifiers. The amplifiers are designed to acconunodate
return transmission capability, surge protection, and remote monitoring capability. Typically,
amplifier cascades will not exceed four (4) to six (6) amplifiers.
The Upgrade Process
The first step will be to install the fiber optic network alongside the existing coaxial system. In areas
where the cables are already carried on utility poles, the new fiber will be attached to the existing
cables. In areas where existing cables are underground, additional construction will be required to
install the new fiber optic cables. Any new coaxial cable required by .the network design, in the path
of the fiber opt~c cable, will be installed at the same time.
When testing of the optical network is complete, then the second phase, upgrading of the coaxial
plant in each conununity, can begin.
When the coaxial plant is upgraded, each existing amplifier and distribution device is removed and
replaced with a new 750 MHz device. Tne new equipment is activated and any customers served
from that equipment are switched to the new equipment. This process begins at the node, branching
out through each leg of the coaxial plant. It is this portion of the upgrade that causes several brief
interruptions in service. As the upgrade crews move further out into the coaxial system, fewer and
fewer customers experience interruptions in service. When the upgrade of a node is finally
complete, all customers served from that node are now receiving service from the new network.
After the primary upgrade of each node is complete Triax will perform bandwidth testing and system
sweeps to determine whether coaxial cable and drops must be replaced in order to pass the full,
upgraded signal spectrum in accordance with applicable specifications and technical standards.
Triax will replace any coaxial plant which fails. Installation upgrade crews will sweep through the
area inspecting each of the service lines that connect customers' homes to the distribution system.
Connections are checked, updated splitting equipment is installed, if necessary, and in some cases,
the entire line is replaced. At this point the upgrade of that node is complete, and work moves on
to the next node area.
U :lcable\L.1\1CC\exhibit-A.il2.wpd
2
EXHIBIT B
FACILITIES TO BE CO~N"ECTED TO THE BASIC
CABLE SERVICE OF TRIAX CABLEVISION
(ADDRESSES PROVIDED WHERE MADE AVAILABLE BY MUNICIPALITY)
1. DEEPHA VEN
A. City Hall
B. Police
2.
EXCELSIOR
A. City Hall - 339 Third Street
B. Police - 810 Excelsior Boulevard
C. Fire - 339 Third Street
D. Public Works - 151 Oak Street
E. Library - 343 Third Street
.
3. GREENWOOD
A. City Hall
B. Police
C. Fire
4. INDEPENDENCE
A. City Hall
5. LONG LAKE
A. City Hall
6.
MEDINA
A. City Hall (Further negotiation in the event location is shown to be distant from
existing plant.)
.
7. MINNETONKA BEACH
A. City Hall
8. MINNETRIST A
A. City Hall
B. Police
.
Exhibit B - Page 2
9.
ORONO
A. City Council Chambers building - 2780 Kelley Parkway
B. City Administrative Offices - 2750 Kelley Parkway
1. Front Lobby
2. Mezzanine Level
3. Conference Room
C. Police building - 2730 Kelley Parkway
1. Front Lobby
2. Emergency Operations/Training Room -
D. -:PUblic Works - 2700 Kelley Parkway
E. Navarre Water Plant - 2345 Blaine Avenue
F. Navarre Water Tower - 2345 Blaine Avenue
G. Highway 12 Water Tower - 2700 Kelley Parkway
H. Highway 12 Well and Pump Station (Well Pumphouse #3) - 2250 Wayzata Blvd.
10. ST. BONIFACIUS
A. City Hall
B. Police
C. Fire
11. SPRINGPARK
A. City Hall
12. TONKA BAY
A. City Hall
B. Police
C. Fire
. 13. VICTORIA
A. City Hall
B. Fire
14. WOODLAND
A. City Hall
B. Police
15. SHOREWOOD
A. City Hall
B. Police
C. Fire
D. Public Works facility - 24200 Smithtown Road
E. Soutb.shore Senior/Community Center - 5735 Country Club Road
U :\cableiLMCC\Exhibit-B.wpd
EXHIBIT C
Excelsior Studio Equipment
*LMCC EQUIPMENT
Video Control Room
(1)
(1)
*(1)
(1)
(1) ..
*(1)
(1)
*(1)
(2)
(1)
(1)
(1)
(3)
Casablanca 68060-50 Nonlinear Digital Editor
NC S605 SVHS Source Deck
NC 810U SVHS Record Deck
NC RN.1-86U Edit Controller
NC Klvf-2000 Video Switcher
Amiga A 2000 w/4000 Software Video Toaster
Amiga Color Monitor
NC 27820 27" studio Monitor
Panasonic 13" proline Color Video Monitor
Tektronix 1420 NTSC Vectorscope
Videotek TSM-5A Wave Form Monitor
Digital ES2200T Dual Expansion TBC
Panasonic WV-5200 BIW Camera Monitor
Audio Control Room
(1) NC A-X400 Stereo Amplifier
(1) NC QL-G901 Turn Table
*(1) Pioneer PD-103 CD Player
(1) Ramsa WR-130 Audio Mixer
(1) Realistic MPA-25 P.A. Amplifier
*(2) Sentry 1 DOA Studio Speakers
*(1) Sony TC-WE305 Cassette Deck
Studio Cameras
(3) Panasonic 5100 Digital Camera
(2) Panasonic WV - VF85 Electronic Viewfinder
(2) Panasonic WV-RC35 Remote Control Unit
(1) Panasonic AG-B640 AC Adaptor Power Source
Studio Tripods
(2) Bogen 3068 Tripod
(3) Bogen 3067 Tripod Wheel Base
(1) Quickset 5-95542-2 Tripod
New, to-be provided
Needs repair
Needs repair
.
.
.
.
Studio Li~hts
(6) Altman lK Stage Light
(2) Altman lK Open Faced Stage Light
Portable Cameras
*(l) PanasQnic AG-180 VHS Camera w/AC Adapter
*(2). Panasomc AG-450 S-VHS Camera w/AC Adapter
*(1) .Panasonic AG-455 S-VHS Camera wfAC Adapter
*(1) Panasonic AG-460 S-VHS Camera wfAC Adapter
Tripods
*(5) Boger 3046 Tripod 2 Need Repair
Portable Video
(1) JVC BR-6200 U VHS Record Deck
(1) Panasonic AG-74DO S-VHS Record Deck
(1) Panasonic WV MX12 Digital Video Mixer
(1) NC TM-22U Portable Monitor
Audio Mixers
(4) Shure M267 Microphone Mixer
(1) Shure M367 Microphone Mixer
(1) Realistic MPA-25 Audio Amplifier
Portable Li~hts
(3) Lowell DP Light w/Stand & Barn Door
(2) Loweltota Light w/Stand
Microphones
(2) Electro Voice Omni Directional Handheld Mie
(1) Shure SM57 Dynamic Handheld Mie
(2) Sony ECM-44B Lavalier Mic
(2) Sony ECM-30 Lavalier Mie
(4) Radio Shack 274-0l78 Lavalier Mic
Exhibit C - Page 2
1 Needs to be replaced
Microphones - Continued
(4) Crown PZM 180 Zone Mic
(9) Realistic PZM Zone Mic
Slide Projector
(1) Kodak Ectographic III B Slide Projector
Batteries
(4) , , Panasonic RB-85 12v-2.3 Ah Camera Battery
(3) Panasonic AG-BP20P 12v-2.3Ah Camera Battery
(1) Empire EPP-130C 12v 1.8Ah Camera Battery
Cables
*(10) XLR to XLR 25ft Audio Cable
*(3) XLR to XLR 50ft Audio Cable
*(1) XLR to SLR 10ft Audio Cable
Playback Channel 8 & 21
*(2)
(2)
(2)
(2)
(1)
(1)
(1)
(1)
*(1) .
Panasonic AG-l OOOB VHS Playback Deck
Panasonic AG-1250 VHS Playback Deck
NC TM-R9V Color Video Monitor
Panasonic WV5370 BIW Video Monitor
Kapco Enterprises PS-4-R Passive Switcher
Comprehensive CPS-4A Passive Switcher
Scientific Alanta 6350 Audio & Video Modulator
Jerrold DCR Digital Cable Radio
Samsung TDX1972 19"
Exhibit C - Page 3
Needs to be replaced
Needs to be repaired or replaced
.
Needs to be repaired or replaced
Needs to be repaired or replaced
Needs to be repaired or replaced
.
.
.
Exhibit C - Page 4
North Studio Equipment
Control Room
(2) NC S-VHS BR-5800U
(1) NC Edit Controller RM-G800U
(2) NC Color Monitors TM-1318U
(1) Rackmount for TM-13U
(2) Panasonic Color Monitor TM-13U
*(1) NC Cql<;>r Monitor TM-13U
(1) Panasonic Color Monitor BT-5700N
(3) Panasonic B/W Monitor WV-5203B
(1) Panasonic Switcher WJ-4600B
(1) Amiga 2500 wlToaster 2.1
(1) Mackie Audio Mixer 1202-VLZ
(1) Digital Dual Expansion TBC ES2200T
* (1) Digital W aveformiV ectorscope
(1) Panasonic Color Monitor CT 1384Y
* (1) Magnavox CD Player CDC725
Studio Cameras
(2) Panasonic Studio Camera 5100
*(2) Panasonic Camera Cables 50ft 14C-100
(2) Panasonic Remote Control Unit WV -RC3 5
(1) Dual Rack Mount for Remote Control Unit
*(3) Telex Headsets PH-81
(2) Bogen Studio Tripod 3068
(2) Bogen Dolly Wheels
~
Exhibit C - Page 5
Portable Equipment
(2)
(2)
(2)
(1)
(2)
*(1)
(1)
(1)
(2)
(1)
*(2)
*(5)
*(2)
*(2)
*(1)
(2)
(1)
(1)
Panasonic Portable Camera AG-450
Panasonic Camera Batteries RB85
Bogen Portable Tripod 3046
Shure Audio Mixer M-267
Electrovoice Hand Held Mic 635-A
Realstic PZM Zone Mie
Sony Lavalier Mic ECM-44B
Radio Shack Lavalier Mic 274-0178
. .
. Atlas Sound Mic Stand
Maxon Headset 49-8
25' XLR to XLR
Audio Adaptor XLR to 1/4"
Power Strips
AC 50ft Extension Cord
AC 25ft Extension Cord
Black Cord Caddie
Lowel Tota Light Kit w/3 Tota Lights
Lowe1 Omni Light Kit w/3 Omni Lights
.
U:\cableILMCC\equipment-list.tbl.wpd
.
.
.
CITY OF SHOREWOOD
COMMISSION MEETING
TUESDAY, SEPTEMBER 8, 1998
COUNCIL CHAMBERSPARK
5755 COUNTRY CLUB ROAD
7:30 P.M.
MINUTES
DRAFT
1.
CONVENE PARK COMMISSION MEETING
Chair Puzak called the meeting to order at 7 :30 p.m.
A.
Roll Call
Chair Puzak; Commissioners Bensman, Dallman, Arnst, Themig, Cochran (arrived
7:32), and Colopoulos (arrived 7:41); Administrator James Hurro; Council Liaison
Roger Champa and Park Planner Mark Koegler
Also present: Councilmembers O'Neill and Stover, and two residents.
Present:
B.
Review Agenda
There were no changes to the agenda.
2. APPROV AL OF MINUTES
A. Park Commission Meeting Minutes of August 11, 1998
Themig moved, Arnst seconded to approve the Minutes of the August 11, 1998
Park Commission Meeting as written. Motion passed 5/0
3. MATTERS FROM THE FLOOR
There were no matters from the floor.
4.
REPORTS
A . Erica Hahn, Intern - Report on Ad Hoc Land Conservation Committee
Erica introduced herself, explaining her background in forestry and her present role as an Intern
with the City of Shorewood. She summarized the work of the Ad Hoc Land Conservation
Committee and the results of their research in land protection options. They have also completed
an inventory of undeveloped land within the City. The next step is to write a report and make
recommendations to the City for implementation of a plan. Erica explained that the Committee is
now seeking input from the Park and Planning Commissions.
Administrator Hurm stated that the authorizing resolution calls for the input from both
Commissions, adding that the Park Commission needs to address its future role in the process. He
offered suggestions for ways that the Park Commission may want to become involved. The
Committee is hoping to be complete with its role in November. Chair Puzak asked who would
continue the process once the Committee concludes its work and Erica has completed her
internship. He stressed the need to learn from their work and then continue to drive the process.
The Commission will wait for the fmal report and then perhaps recommend a subgroup be formed
with representatives from the Commissions, City Council and community to continue the process.
*'"
PARK COMMISSION MINUTES
SEPTEMBER 8, 1998 - P AGE 2
B . Report on Youth Coalition Meetings
Chair Puzak reported that the August 27 Youth Coalition meeting was poorly attended. The group
agreed to meet again on September 9. Puzak will attend that meeting.
C . Report on Meeting with Soccer Association of August 27
Chair Puzak and Administrator Hurm met with the president of the Tonka United Soccer
Association and one of the association's staff. Puzak reported that he and Hurm reiterated the
City's concerns about safety, parking and intensive use of the fields. Puzak is confident that the
soccer club will be a better user of the park by policing parking and spacing games to reduce traffic
and wear and tear on the fields.
Commissioner Bensman asked if the two groups will continue to meet. Puzak said that he has
asked for the Soccer Association to assign liaisons to the Park Commission and has recommended
three or four meetings per year. He also asked that the soccer club would communicate with the
City when they will be holding tournaments and gave them a copy of the new tournament policy.
Commissioner Arnst asked about the next meeting date and whether there will be similar meetings
with all sports organizations who use the Shorewood parks. Themig pointed out that a meeting for .
all sports organizations has been planned for October.
5. DISCUSS THE CONCEPT OF CITY ACQUISITION OF PROPERTY EAST
OF FREEMAN PARK AT 25720 STATE HIGHWAY 7
Chair Puzak complimented City Staff for the informative report which they provided on this
matter. Administrator Hurm distributed a copy of the September 1, 1998 Planning Commission
Minutes covering their discussion of this topic. He reported that they had come to the conclusion
that there would not be a problem in terms of the Comprehensive Plan. The Planning Commission
is interested in the Park Commissions' thoughts about the property's potential for recreation. He
added that, although the parcel is involved in a lawsuit between a developer and the City, it should
be considered independently of that matter.
Commissioner Colopoulos asked if the City Council has determined whether a purchase of the land
fits in the Comprehensive Plan. He brought up the question of park user funding as a means of
fmancing the purchase. Puzak replied that the Park Commission would need to seek input from .
the sports organizations and also from the Land Conservation Committee about acquiring the land
for open space. Commissioner Arnst cautioned that user funding may obligate the property be
designated to special use.
Commissioner Themig asked for clarification of how the Comprehensive Plan did or did not
identify this land for possible park use. It was explained that, while the City was aware in the past
that this land may potentially be available, it has not been an option until now. Commissioner
Bensman noted that this has become a controversial piece of property. She questioned whether
this is a good choice for investing in open space since Freeman Park is congested as it is. More
fields would generate more traffic. She asked if other options should be considered and said that
more information would be needed to decide if this property is best for park expansion.
Puzak pointed out that there was once a request that the park entrance road off of Highway #7
could be moved to the east because it was too close to residential property to the west of Freeman.
Part of the new property would be needed in order to create that safer access to the park. Hurm
added that at the time this idea was considered, the amount of land needed was 20 or 30 feet more.
Puzak asked if the land could serve two needs by being split with 30 feet of the 200 feet being used
as a "buffer zone" and the rest of the property sold for some other purpose. He added that there
PARK COMMISSION MINUTES
SEPTEMBER 8, 1998 - PAGE 3
.
has been a legitimate, documented interest in the 30 feet adjacent to the park for safety reasons.
Colopoulos agreed that if the property were to be developed, a buffer zone would help prevent the
potential squeeze of land between the park and future land use to the east.
Commissioner Dallman noted that the property's proximity to Freeman Park alone makes it
desirable. He said that whatever future use would be determined by the City, it would be best to
have that choice rather than to have regrets about other possible development of the land.
Councilmember Jerry O'Neill spoke from the floor. He stated that this unique piece of property
has been offered to the City and the opportunity is there to use for prairie preservation,
communications tower, etc. The Park Commission is being asked to put ideas together to present
to the public and to show the City Council what can or cannot be done with the property.
Commissioner Themig stated that if the opportunity is there to acquire land next to a park, and if it
is affordable, it should be purchased. Other issues about use of the land are long term. The
decision of how to fund the purchase is the job of the City Council. Colopoulos added that the
Park Commission needs to evaluate the exact use (whether parking, field space or whatever), and
then they could strike a balance later. These are developmental questions that take time. He agreed
th3:t it is a positive opportunity. Themig said that multiple options should be considered because
$237,000 is an expensive parking lot. He asked if there had been any community feedback on the
issue of the land purchase. Hurm said that he is not aware of any made to City Hall.
Commissioner Arnst asked about the status of the existing purchase agreement as noted in the letter
from Attorney Mark Kelly. Hurm explained that the 30 day expiration term on the current
agreement has not yet been initiated by the owners. The plan, however is for that purchase
agreement to be canceled. Bensman reiterated her concern about possibly jeopardizing the City's
fmancial ability to develop trails, which residents have clearly asked for. She cautioned against
using open space for ball fields or parking lots when the public has indicated clear interest in open
space and trails. Commissioner Cochran stated that the City's desire in purchasing the land is to
have control of its future, not to create a whole set of new problems.
.
Puzak summarized that this could be viewed as a win-win situation. The need for a buffer space to
the east of Freeman Park has been identified and this is the only opportunity to expand. The
remainder of the land could be used for a scaled down development (i.e. 40 units instead of the
once proposed 70). The City has an interest in pursuing the purchase and could make it a well
rounded acquisition.
6. TRAIL PLANNING PROCESS NEXT STEPS. DISCUSSION WITH
PARK PLANNER MARK KOEGLER IN PREPARATION FOR
SEPTEMBER 21 WORK SESSION WITH CITY COUNCIL
Mark Koegler highlighted parts of his September 1 memo to the Park Commission, noting that
much was learned from the planning process. He added that by working through the Citizen
Review Group, Shorewood has made trail planning a grass roots effort. The point was made that
Shorewood's trail development needs to be identified as a "Trail Process" rather than a "Trail
Plan", indicating a strong element of flexibility. Another conclusion reached by the Citizen Review
Group is that there are many obstacles and challenges to overcome in order to implement a trail
system in Shorewood.
The next step recommended by the group has three elements. The City Council and Park
Commission need to:
1 . Identify trails as a community goal.
2. Identify a process to achieve the goal.
3 . Explore funding sources.
PARK COMMISSION MINUTES
SEPTEMBER 8, 1998 - PAGE 4
Two points were clear to the Citizen Review Group. First, people want trails. The second is that
this is not a black and white issue. The Park Commission and City Council together will need to
endorse a process and create a statement of commitment. Koegler described a ten step process
recommended by the Group, adding that one successful project makes the second easier and so on.
He also noted that over time, things change and the process can be revisited. Overall, this process
is more costly and time consuming than a decision and construction approach. Koegler reiterated
the need to emphasize trail development as a process rather than a plan.
Commissioner Themig asked about the use oflEA-21 Grants for funding. Koegler said that this
is an exciting possibility to many and that the program has potential for this situation. He will
watch for application process in the spring. Koegler also pointed out that the City has some money
allocated for trail development.
Commissioner Bensman enthusiastically supported the approach being taken. She likes the idea of
group involvement and sees a lot of potential for success, even though it is more expensive and
labor intensive. Administrator Hurm commented that in the long run, it may not be more costly.
Chair Puzak noted the many side benefits to all involved in the process as a learning experience.
He stated that there is data that can be trusted. The way the issue of trails has been handled can .
also be trusted by residents. The next step is a scheduled joint work session with the City Council.
Themig asked about the 1992 trail plan and if any of that data can be used in order to save money
and time for the City. Koegler said that the 1992 plan is a piece of information to look at One
distinction from the current thinking is that the previous plan tied trials into roadway
improvements. The Citizen Review Group recommends doing trails for the sake of trails. Not all
of those designated routes are realistic, but it is a place to start. Hurm commented that the
information already obtained will be combined with newly gathered information. He also
reminded the Commission that CIP funds for trails decrease over time and that other resources for
funding should be considered.
Hurm asked if the Park Commission would like the City Council or someone else to work on the
commitment statement. Puzak replied that it should be developed jointly from the good basis
already provided by the Koegler and the Citizen Review Group. Themig asked how to include the
involvement of community representatives without cluttering the agenda. Koegler suggested that
within the perimeters defined by the City Council, a group could be assembled to oversee this. It .
shouldn't be too cumbersome. Hurm and Koegler stated that they both see the Park Commission
as the group to establish momentum through the beginning steps. Chair Puzak thanked Mark
Koegler for his work and the report.
7. OLD BUSINESS
Commissioner Themig asked about the status of the request for the purchase of a backup
snowmobile. Administrator Hurm reported that the City Council is questioning the idea of funding
a second snowmobile. He added that the Police Chief has said that grants are available for the cost
of overtime pay and they anticipate receiving those funds again. The matter will be brought before
the Coordinating Committee to see if expenses for a new sled can be shared by neighboring cities.
Themig also asked for an update on the suggestion of recycle containers for the parks. One bid is
pricing each container at $16 per month. With ten sites identified, this would be an additional
expense for the City of $160 per month. Staffis still investigating options. Bensman commented
that any expense is notable since there is no cost for the current method of "recycling" in the parks.
Themig reported on the history brochure project. This will be worked on during September.
A
.
.
PARK COMMISSION MINUTES
SEPTEMBER 8, 1998 - PAGE 5
8. NEW BUSINESS
Commissioner Cochran said that some residents have asked if anyone has explored the idea of a
pedestrian overpass for the LRT where it crosses County Road 19. Puzak said that the plans for a
stop light at Smithtown Road and County Road 19 should help somewhat for crossing at the trail.
Themig suggested a proposal to the Hennepin County Parks Board. This may be something which
would qualify for a DNR grant as well.
9. ADJOURNMENT
Bensman moved, Colopoulos seconded to adjourn the meeting at 9:10 p.m.
Motion passed 7/0.
RESPECTFULLY SUBMITTED
Connie Bastyr
Recording Secretary
'.I
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: Mayor and City Council
FROM: Brad Nielsen
. DATE: 13 August 1998
RE: Water's Edge 5lh Addition - Final Plat
FILE NO.: 405 (98.12)
Earlier this year, Mr. Bill Blegen received final plat approval for a single-family residential
subdivision at the comer of Manor Road and Vine Street. The initial plat (see Exhibit A,
attached) created three lots, one of which was to be redivided at such time as Mr. Blegen was
ready to demolish his existing residence at 20095 Manor Road.
.
Mr. Blegen has now found a buyer for the fourth lot and has requested approval of a final plat, as
shown on Exhibit B.
The proposed division is consistent with the original plan as set forth in the development
agreement for Water's Edge (Fourth Addition). Approval is recommended subject to the
following conditions:
1. The applicant must submit bids for the cost of demolition of the existing home.
2. The applicant must provide a letter of credit or cash escrow in the amount of 150 percent
of the demolition cost.
3. The demolition of the existing house must be completed within six months of Council
approval of the plat or before a new home is constructed on the fourth lot, whichever
occurs first.
n
~ . PRINTED ON RECYCLED PAPER
....
7A
,
Re: Water's Edge 5lh Addition
Final Plat
13 August 1998
4. Prior to release of the plat, the applicant must:
a. Provide an up-to-date (within 30 days) title opinion for the property.
b. Pay a $1000 park dedication fee.
c. Pay a $1000 local sanitary sewer access charge.
5. Once the applicant receives the final plat, he must record it within 30 days or the approval
is void.
Cc:
Jim Hurm
John Dean
Larry Brown
Bill Blegen
.
.
2
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WATERS EDGE FIFTH ADDITI
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WATER'S EDGE 5TH ADDN. FINAL PLAT
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Exhibit A
WATER'S EDGE 4TH ADDN. FINAL PLAT
{ ,
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CITY OF SHOREWOOD
RESOLUTION NO.
A RESOLUTION APPROVING THE FINAL PLAT OF
WATER'S EDGE FIFTH ADDITION
WHEREAS, the final plat of Water's Edge Fifth Addition has been submitted in the
manner required for the platting of land under the Shorewood City Code and under Chapter 462 of
Minnesota Statutes, and all proceedings have been duly had thereunder; and
WHEREAS, said plat is consistent with the Shorewood Comprehensive Plan and the
regulations and requirements of the laws of the State of Minnesota and the City Code of the City of
Shorewood.
.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as
follows:
1 . That the plat of Water's Edge Fifth Addition is hereby approved.
2. That the Mayor and City Clerk are hereby authorized to execute the Certificate of
Approval for the plat and the Development Agreement, attached hereto and made a part hereof, on
behalf of the City Council.
3. That this final plat shall be fIled and recorded within (thirty) 30 days of the
Developer's receipt of this Resolution.
BE IT FURTHER RESOLVED that the execution of the Certificate upon said plat by
the Mayor and City Clerk shall be conclusive, showing a proper compliance therewith by the
subdivider and City officials and shall entitle such plat to be placed on record forthwith without
further formality, all in compliance with Minnesota Statutes and the Shorewood City Code.
.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 24th
day of August, 1998.
Tom Dahlberg, Mayor
ATTEST:
James C. Hurm, City Administrator/Clerk
.
.
CITY OF SHOREWOOD
RESOLUTION NO._
A RESOLUTION APPROVING THE FINAL PLAT OF
WATER'S EDGE FIFTH ADDITION
WHEREAS, the final plat of Water's Edge Fifth Addition has been submitted in the
manner required for the platting of land under the Shore wood City Code and under Chapter 462
of Minnesota Statutes, and all proceedings have been duly had thereunder; and
WHEREAS, said plat is consistent with the Shorewood Comprehensive Plan and the
regulations and requirements of the laws of the State of Minnesota and the City Code of the City
of Shorewood.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as
follows:
1. That the plat of Water's Edge Fifth Addition is hereby approved.
2. That the Mayor and City Clerk are hereby authorized to execute the Certificate of
Approval for the plat and the. Development Agreement, attached hereto and made a part hereof,
on behalf of the City Council.
3. That this final plat shall be fIled and recorded within (thirty) 30 days of the
Developer's receipt of this Resolution.
BE IT FURTHER RESOLVED that the execution of the Certificate upon said plat by
the Mayor and City Clerk shall be conclusive, showing a proper compliance therewith by the
subdivider and City officials and shall entitle such plat to be placed on record forthwith without
further formality, all in compliance with Minnesota Statutes and the Shorewood City Code.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 14th day of
September, 1998.
ATTEST:
Tom Dahlberg, Mayor
James C. Hurm, City Administrator/Clerk
CITY OF SHOREWOOD
RESOLUTION NO.
A RESOLUTION ESTABLISHING A NOTIFICATION PROCEDURE
FOR PENDING ADULT USE FACILITY LICENSES
WHEREAS, the City of Shorewood has adopted an ordinance establishing licensing
procedures for adult use facilities; and
WHEREAS, it is the intent of the City Council to advise owners of property located near
any proposed adult use facility that a license application will be reviewed by the Council,
.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood, Minnesota, that the following notification procedure for adult use facility licenses is
hereby established:
1. Upon official submission of an adult use facility license application the Zoning
Administrator shall mail written notice of the pending application review to all owners of
land within five hundred feet (500') of the boundary of the property for which the facility is
proposed.
2. Such notice shall contain the address of the property, a description of the adult use
facility, and shall be mailed no more than thirty (30) days and no less than ten (10) days
prior to the meeting at which the license application will be considered by the City Council.
3 . Failure of a property owner to receive said notice shall not invalidate any such
proceedings as set forth within this Ordinance.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this
14th day of September, 1998.
.
Tom Dahlberg, Mayor
ATTEST:
James C. Hurm, City Clerk/Administrator
f/16
CITY OF SHOREWOOD
ORDINANCE NO.
AN ORDINANCE ESTABLISHING A CHARGE FOR ADULT USE
ESTABLISHMENT APPLICATION; AMENDING SHOREWOOD CITY
CODE SECTION 1301.02
THE CITY COUNCIL OF THE CITY OF SHOREWOOD. MINNESOTA,
ORDAINS that the City Code of the City of Shorewood is amended as follows:
Section 1. Those parts of the Table in Shorewood City Code Section 1301.02 shown
below are amended as follows:
I. TYPE OF
CHARGEIFEE
CITY CODE CHARGE/FEE
REFERENCE
.
$
Adult Use License Application
309
Section 2. This ordinance is effective the date following its publication.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF
SHOREWOOD, MINNESOTA, this 14th day of September, 1998.
Tom Dahlberg, Mayor
.
ATTEST
James C. Rurm, City Administrator/Clerk
Jt7C
.
.
.
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: Mayor and City Council
James Hurm, City Administrator
FROM:
DATE:
Larry Brown, Director of Public Works
~
September 11, 1998
RE: Consideration of a Motion to Authorize the Mayor and City Administrator to Enter into
an Agreement with KMC Telecom for use of the Public Right of Way
Due to the late timing of the agreement and the miscellaneous revisions required, this item will be
transmitted under separate cover.
n
t ~ PRINTED ON RECYCLED PAPER
...
#0.
, 0'
,
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927' (612) 474-3236
FAX (612) 474-0128' www.state.netlshorewood' cityhall@shorewood.state.net
MEMORANDUM
TO:
Mayor and City Council
.
FROM:
Brad Nielsen
DATE:
9 September 1998
RE:
Request for Christmas Tree Lot - Our Savior Lutheran Church
FILE NO.:
City Code (Chapter 308)
Our office has received a request by Our Savior Lutheran Church to conduct Christmas
Tree sales for approximately thirty days prior to Christmas (see their letter, dated 31
August 1998). Outdoor sales of any kind are limited to commercial zoning districts, and
then only by conditional use permit. Consequently, their request would ordinarily require
some sort of amendment to the Zoning Code.
.
Having discussed this matter with the City Attorney, and given the nonprofit, temporary
nature of this activity, a simpler approach is recommended. It is suggested that the
Council approve an amendment to Chapter 308 ( Transient Merchants) of the City Code.
This ordinance was initially intended to address door to door sales and garage sales, but
could be amended ratoor simply to address seasonal, temporary sales by nonprofit
organizations. A proposed draft ordinance is attached as Exhibit B.
If you have any questions relative to this proposed amendment, please call me prior to
Monday night's meeting.
Cc: Jim Hurm
John Dean
Tom Fuxa
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Lutheran Church of Our Savior
23290 Highway Seven, Excelsior, Minnesota 55331
Phone: 474-5181
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August 31, 1998
.~ U
I 1998,
:--'
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Mayor Tom Dahlberg
5755 Country Club Road
Shorewood, MN 55331
Mayor Dahlberg:
.
As Director ofY outh Ministries at Our Savior Lutheran Church, one of my responsibilities is to
find ways for youth in the program to raise funds for trips and other activities. One fundraiser that
we are currently pursuing is the sale of Christmas trees on the church property.
We will be contracting with Premium Quality Trees in Anoka, Minnesota and would like to sell
them during the period of time between Thanksgiving and the week before Christmas. The
Christmas Tree Lot will be on the southwest side of the building and will operate daily. We would
like to put a small sign on the side of the tree lot to help promote the sale. All profits from our tree
lot will go toward programming for children in our school and youth programs.
.
Due to city ordinances and zoning codes, I have spoken with Brad Neilsen on a number of
occasions as to what our options arc for having a tree lot and meeting all requirements set forth by
the city of Shorewood. Rather than submitting a conditional use permit and requesting a zoning
text amendment, I would support a change to the transient merchant ordinance that would allow us
to sell Christmas trees from a location that is considered residential.
I appreciate your time and careful consideration regarding this matter and look forward to your
response. Please contact me if you have any questions or need further information.
Sincerely,
~~
Tom Fuxa
Director of Youth Ministries
cc: Brad Neilsen
7~~~ ~s,-t
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0, t\. 1 ~"\ CITY OF SHOREWOOD
~,,~{ ORDINANCE NO.
.' AN ORDINANCE AMENDING CHAPTER 308 OF THE
SHOREWOOD CITY CODE RELATING TO TRANSIENT SELLING
,~ THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA,
ORDAINS:
Section 1:
Section 308.02 Subd. 2. of the Shorewood City Code is hereby amended to read:
"GARAGE SALES: Any isolated or occasional display and sale of used personal property
or home-crafted items conducted on residential premises by the occupant of the residential
property, or the display and sale of such items or seasonal goods or merchandise on the
premises of a church. Garage sales shall include rummage sales, basement sales, yard
sales, porch sales, craft sales and all other periodic sales at a residential location or church."
Section 2:
Section 308.04 Subd. 3.a. of the Shorewood City Code is hereby amended to read:
"a. None of the items offered for sale shall have been obtained for resale or received on
consignment for sale, except for the display and sale of seasonal goods and merchandise on
the premises of a church."
Section 3:
Section 308.04 Subd. 3.d. of the Shorewood City Code is hereby amended to read:
"d. No garage or rummage sale shall be conducted during any part of more than three (3)
consecutive days, except that the display and sale of seasonal goods and merchandise on
the premises of a church shall not exceed thirty (30) consecutive days.:
Section 4:
Section 308.04 Subd. 3. of the Shorewood City Code is hereby amended to add:
"g. The display or sale of seasonal goods or merchandise on the premises of a church shall
not take up required parking as provided for in Section 1201.03 Subd. 5. of this Code and
shall comply with setback requirements for the zoning district in which the property is
located."
Section 5: This Ordinance shall be in full force and effect from and after its passage and
publication.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD,
MINNESOTA, this 14th day of September 1998.
ATTEST:
Tom Dahlberg, Mayor
James C. Hurm, City Administrator/Clerk
E-"h.,b; t f:)
.
.
.
CITY OF SHOREWOOD
EMERGENCY PREPAREDNESS
HANDBOOK
.
ADOPTED BY THE SHOREWOOD CITY COUNCIL ON
SEPTEMBER 14, 1998.
.
.
1.
2.
3
4.
. 5.
6.
7.
.
.
.
Table of Contents
PurposelLegal Basis ....... ......... ... ........... ..... ..... ....1
Warning and Notification ....................................1
Personnel Notification List.................................. 2
Emergency Operating Center............................... 3
Emergency Responsibility Assignment.................. 4
Support ......................................................... .... 5
Responsibilities During an Emergency.................. 6-16
.
1.
PURPOSE/LEGAL BASIS
PURPOSE - The purpose of this plan is to ensure that in the event of any type of disaster,
the city's facilities, equipment, and manpower will be used in a coordinated, effective way,
so as to: maximize the protection of life and property, and ensure the continuity of
government.
LEGAL BASIS - The legal basis for this plan is: Public law 920, as amended, Minnesota
Statutes, Chapter 12, as amended, and Shorewood Municipal Code. Chapter 602, as
amended.
DATED THIS
DAY OF
YOR
.
RICHARD YOUNG, EMERGENCY MANAGEMENT/ DIRECTOR
.
2.
WARNING AND NOTIFICATION
.
RECEIPT OF WARNING - The County Warning Point (Sheriff's office) is responsible
for relaying any warnings which it receives which affect the City of Shorewood to the
South Lake Minnetonka Public Safety Department (SLMPSD). The SLMPSD serves as
the City Warning Point, is responsible for disseminating any warnings received, and acts
as a weather spotter and may initiate weather sirens.
DISSEMINATION OF W ARNINGINOTIFICATION
For Natural Disaster: 1) Sound siren (s) (5-minute steady tone); and 2) Notify key city
personnel (See Personnel Notification List below).
For Nuclear Attack: 1) Sound siren (s) (5-minute wavering tone); and 2) Notify key city
personnel (See Personnel Notification List below).
.
1
4. EMERGENCY OPERATING CENTER
.
DIRECTION & CONTROL - of the City's response to the disaster will take place from the
City Emergency Operating Center (EOC). The EOC is located at the South Lake
Minnetonka Public Safety Department. The alternate EOC is located at the Shorewood City
Hall.
EMERGENCY OPERATING CENTER ACTIVATION - The EOC will be activated by the
City Emergency Management Director.
EMERGENCY OPERATING CENTER STAFF - are to report to the EOC automatically
upon the occurrence of a disaster.
.
EMERGENCY OPERATING CENTER EOUIPMENT/SUPPLIES - The City Emergency
Management Director is responsible for ensuring that the EOC is operational - (that the
necessary maps, tables and chairs communications equipment, message logs, etc. are on
hand).
.
.
.
3
5. EMERGENCY RESPONSIBILITY ASSIGNMENTS
.
.
.
Warning & Notification
Direction & Control/EOC
Emergency Public Info
Search & Rescue
HealthlMedical
Evac. & Traffic Control
Fire Protection
Damage Assessment
Con~egate Care
Debris Clearance
Utilities Restoration
Radiological Protection
Hazardous Material
.
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P = Primary, S = Support, C = Coordination
HEALTH OFFICER CATEGORY: Cities without their own Health Officer are covered by
Hennepin County Environmental Health at 930-2770. Contact person is Larry Myers at
930-2774.
.
4
6. SUPPORT
.
Support from County Departments:
Support that can be expected from Hennepin County is as follow:
County Emergency Preparedness
County Sheriff
Department of Transportation
Community Social Services
Community Health Department
Economic Assistance Department
.
Bureau of Public Service
Support from Private A&enciesN olunteer Groups:
Red Cross
.
Salvation Army
Minnetonka Schools
All Churches
Support from the National Guard
.
General Overview: When a natural disaster or other major emergency is beyond the capability
of local government, support from National Guard units may be available. Only the governor
has the authority to activate the Guard.
Request Procedure: The Hennepin County Sheriff must submit the request for the assistance of
the National guard to Governor's office.
Support from State and Federal A&encies
Information and assistance in securing state or federal support may be obtained by contacting the
Hennepin County Emergency Management Director.
.
5
7 . RESPONSIBILITIES DURING AN EMERGENCY
Emergency Management Director
.
1 Ask the service chiefs to brief the Emergency Management Center staff as to the
status of the disaster
2 Ask the City Council to issue a declaration of emergency when warranted
3 Evaluate available resources, including personnel, by checking with service chiefs.
If deficiencies exist, take action to obtain needed resources
4 Work with City staff so that good records are kept on expenditures
5 Notify public of emergency procedures / work with Public Information Officer
6 Ensure notification of Public Information Officer and key personnel, key facilities
warned, sirens activated
.
7 Activate Emergency Operating Center, make sure it is fully operational, and that
Emergency Management Center staff have reported! are reporting to it
8 Coordinate the opening of public shelters
9 Contact County Emergency Management Director with request for State or Federal
disaster assistance
.
10 Provide for damage assessment procedure training
11 Responsible for providing overall coordination of the congregate care function
12 Coordinate efforts of volunteer organizations (Red Cross, Salvation Army, religious
groups)
13 Issue information and instructions to evacuees
.
.
6
7 . RESPONSIBILITIES DURING AN EMERGENCY
.
Succession: 1. Mayor
2. Mayor Pro-tem
3. Council members based on length of service
Mayor
1 Notify council members and report to City Hall or congregate care site
2 Call emergency session if needed
Be Informed:
.
3 Be familiar with local Emergency Operations Plan and procedures
4 Receive initial assessment and updates on the incident type, magnitude,
injuries/deaths, property damage, environmental damage, and economic impact
5 Receive on-going status briefmgs from the Emergency Operations Center,
internal/external resources committed, internal/external resources required, and
coordination with other officials and jurisdictions
Exercise Leadership:
.
6 During an emergency/disaster, exercise leadership and policy decision-making over
the emergency response organization
7 Maintain a personal log of all key information, factors weighed, and decisions
reached
.
8 Direct staff to assess and report on problems, resource shortfalls, policy needs and
options
9 Chair assessment meetings
10 Issue emergency declarations as needed
11 Ensure staff maintains logs of actions taken and financial commitments made
12 Maintain liaison with other elected officials
.
7
7 . RESPONSIBILITIES DURING AN EMERGENCY
Mayor Cont.
. Take Care of Personal Requirements:
13 Tell family of destination and contact numbers
14 Take medications, toiletries, and clothes as warranted by initial notification
15 Take list of peers to contact for advice
16 Remember that your role is policy-making, not operational
Establish Legal Contacts:
.
17 Contact legal advisors and establish communications links
18 Review legal responsibilities and authorities (emergency declarations, chain of
succession, inter-governmental aid, social controls, price controls and other
restrictions
19 Monitor equity of service based on needs and risks
20 Review status of contracts with suppliers of emergency goods or services as
necessary
Maintain Political Awareness:
.
21 Recognize personal accountability for actions and decisions during an emergency
22 Check provisions for other public officials (periodic updates; staff updates on
politically sensitive issues such as life and property losses, service interruptions,
etc.)
.
23 Establish and evaluate policy decisions throughout incident
24 Confer with other elected officials when difficult issues arise
25 Use elected officials to request assistance from public and private organizations if
normal channels are not "responsive"
Keep the Public Informed:
26 Check plans to inform the public through the media
27 Ensure the City Administrator is the single Public Information Officer (avoids
conflicts in official statements)
.
28 Ensure establishment of a media center, if needed
29 Channel all releases first through Emergency Management Center to ensure staff
coordination and approval by Public Information Officer
30 Ensure establishment of news media update and access policy as needed
8
7 . RESPONSIBILITIES DURING AN EMERGENCY
.
Mayor and City Council
1 Review policy - consider changes to meet current circumstances
2 Be available to assist the Emergency Management Director in various areas (i.e. see
to the personal needs of residents who are located at temporary housing such as the
Southshore Center or coordination of volunteer efforts)
3 Verify that the City Emergency Management Director has activated the Emergency
Management Center
4 Be ready to issue a declaration of emergency
.
5 In consultation with the City Emergency Management Director, determine whether or
not State or Federal assistance should be requested. (City resources must be fully
committed before State or Federal assistance will be available. If assistance is
requested, be specific.)
.
.
.
9
7. RESPONSIBILITIES DURING AN EMERGENCY
Administrator I Public Information Officer
. 1 Provide staff support, direction and control
2 Mobilize staff
3 Arrange for emergency housing, feeding, clothing, counseling, health/medical
services, registration of victims, and inquiry and referral of victims (working closely
with Mayor and City Council)
4 Work with Emergency Management Director, service chiefs and assessment teams in
providing an initial damage assessment, casualty report and status of the disaster
5 Serve as the City Public Information Officer, or designate a member of the City staff
to perform this function. This should be coordinated with the Emergency
Management Director.
6 Keep Mayor and City Council informed on the status of the disaster on an on-going
. basis
7 Contact key staff members
8 Act as liaison between City departments
9 Inform media of public information capability and plan
10 Establish Public Information Center for media and public inquires
.
11 Authorize all press releases and news media announcements
Primary Damage Assessment Team, Private Property Planning Director
(cost and extent) Building Official
. City Assessor
Primary Damage Assessment Team, Public Property Public Works Director
(cost and extent) Finance Director
.
10
.
.
.
.
.
7.
RESPONSIBILITIES DURING AN EMERGENCY
Police Chief or Designee
1
Ensure that needed Police Personnel have bee notified, and that they report as
situation directs
2
3
Maintain contact with the City Emergency Operation Center (EOC)
Review disaster situation as it pertains to the Police Department, and forward this
information to the City Emergency Management Director
Direct the closure of the damage site area so as to stop all in-bound traffic. Set up an
emergency pass system.
Dispatch a communications vehicle to the scene of the disaster.
Coordinate the activities of your personnel with the other services.
4
5
6
7 Use all departmental resources; including personnel, equipment, and supplies, before
requesting assistance.
8
9
Try to anticipate your department's needs for manpower and equipment in advance.
Remember that the number one priority is to save lives. (Don't waste time, money,
or manpower on anything until all lives that can be saved are saved.)
Fire Chief or Designee
1
Ensure that all needed personnel are alerted to the disaster, and that they report as the
situation dictates
2 Maintain contact with the City Emergency Operating Center (EOC)
3 Review the disaster situation as it pertains to the fire department, and forward this
information to the City Emergency Management Director
4 Coo~dinate the activities of your department with emergency medical care and other
servIces
5 Number one priority will be to rescue injured and trapped persons
6 If additional assistance is necessary, utilize mutual aid agreements with other fire
departments
7 Inspect for hazardous materials
11
.
.
.
.
.
7.
RESPONSIBILITIES DURING AN EMERGENCY
Public Works Director
1
Ensure that all needed department personnel have been alerted to the disaster, and that
they report as the situation directs
Maintain contact with Emergency Operating Center
Review the disaster situation as it affects the City Public Works Department and
forward this information to the Emergency Management Director
Coordinate the activities of your department with the other services
Direct initial debris removal to permit passage of emergency vehicles
Assist rescue personnel as needed, in rescuing trapped persons
2
3
4
5
6
7 If assistance is required, coordinate with the Emergency Management Director
8 Coordinate debris clearance
9 Damage assessment on public property
10 Request County and other jurisdictions for support with debris removal
11 Coordinate restoration of public utilities
Finance Director
Maintain information (name, telephone number, etc.) regarding the owners/occupants
of property which has been damaged / destroyed as a result of the disaster
2 Assist in assessing damage - public property
1
3 Monitor distribution of necessary supplies and services to each facility
4 Ensure proper forms are filled out for insurance and disaster assistance purposes
5 Coordination with Emergency Management Center the expenditure of funds for
disaster recovery measures
6 Collection of all fmancial data on government expenditures
7 Maintain records indicating City expenses incurred due to the disaster
8 Set up procedures to permit acquisition of equipment and supplies needed following
a disaster
9 Evacuation of government documents from public buildings - assist Deputy Clerk
12
7 . RESPONSIBILITIES DURING AN EMERGENCY
.
Planning Director and Building Official
1 Providing information regarding the dollar value of property damaged as a result of
the disaster
2 Inspection for hazardous materials and notify Fire Department if located
3 Cost of damage
4 Record damaged areas, pictures and videos
5 Outline on City map damaged areas
6 Declare a building unsafe and post (Building Official)
Deputy Clerk
.
1 Collection and recording of disaster-related information
2 Recording of special meetings on disaster
3 Evacuation of government documents from public buildings with assistance of
Finance Director
.
4 Securing all government data, resources and equipment
5 Keep City Hall functioning as "normally" as possible
Staff
. 1 Report to City Hall for staff / clerical assistance
.
13
.
.
CITY OF SHOREWOOD
RESOLUTION NO. 98-
A RESOLUTION SETTING THE 1999 PROPOSED GENERAL
FUND BUDGET AND THE PRELIMINARY 1998 PROPERTY TAX
LEVY COLLECTIBLE IN 1999
WHEREAS, the City staff has presented to the City Council the proposed 1999 General
Fund Budget and the 1998 property tax levy collectible in 1999; and,
WHEREAS, the City Council has met to review the proposed budget and property tax
levy; and,
WHEREAS, the City Council must approve and certify its proposed 1999 budget and
preliminary property tax levy for 1998, collectible in 1999, to the County Auditor by September 15
of each year.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood that:
1. The 1999 Proposed General Fund budget is hereby set at $2,788,463.00.
2. The following sums be levied for 1998, collectible in 1999, upon taxable property in the
City of Shorewood for the following purposes:
Gross Levy - General Fund $2,283,340.00
Less: HACA ( 421.282.00)
Net Levy - General Fund $1,862,058.00
3. That the City Administrator/Clerk is hereby instructed to transmit a certified copy of this
resolution to the County Auditor of Hennepin County, Minnesota.
ADOPTED by the City Council of the City of Shorewood this 14th day of September,
1998.
ATTEST:
TOM DAHLBERG, MAYOR
JAMES C. HURM, CITY ADMINISTRATOR
it- It
CITY OF SHOREWOOD
RESOLUTION NO. 98-
A RESOLUTION SETTING TRUTH IN TAXATION PUBLIC HEARINGS
ON THE PROPOSED 1999 BUDGETS AND THE 1998 PROPERTY TAX
LEVY COLLECTIBLE IN 1999
WHEREAS, Minnesota State Law requires local governments to hold public
hearings on their proposed budgets and property tax levies, and to publish notice of said
public hearing to achieve truth in taxation, and,
WHEREAS, the Minnesota Department of Revenue has issued guidelines for local
governments to follow in implementing truth in taxation requirements, and,
WHEREAS, it is the intention of the City Council to comply with such guidelines,
.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood that a public hearing on the proposed 1999 Municipal Budgets and the property
tax levy for 1998, collectible in 1999, be held on Monday, December 7, 1998, at7:30
p.m., or as soon thereafter as possible, and a continuation hearing, if necessary be held on
Monday, December 14, 1998, at 7:30 p.m., at the City Hall, and that notice of such public
hearing shall be published in accordance with Minnesota State Law and guidelines set forth
by the Minnesota Department of Revenue.
ADOPTED by the City Council of the City of Shorewood this 14th day of
September, 1998.
ATTEST:
.
TOM DAHLBERG, MAYOR
JAMES C. HURM, CITY ADMINISTRATOR
.11')2..
Carmel Rehnelt
27340 Blue Ridge Lane, Shorewood, MN 55331
September 10, 1998
Mr. Jim Hurm
Shorewood City Council
5755 Country Club Dr.
Shorewood, MN 55331
Dear City Council,
.
I am interested in seeking permission from the council to have a group of
citizens be able to safely walk from just west of County Rd 19 to the LRT by
Eureka Rd. The walk is to promote safety and awareness. We would like to
walk from 1pm-3pm on October 3, 1998. We will be gathering at Freeman
Park for a brief rally to hear from other concerned citizen. We welcome the
participation of all candidates running for city office.
We understand the need for involvement of the South Lake Police to insure
everyone's safety and are willing pay customary overtime or contribution to
the charitable fund of the police volunteers choosing. We are also willing to
pay any deposits or rental fees that may be necessary to secure the picnic
shelter at Freeman Park.
Sincerely,
. .~/~ /2LJJ
--
Carmel Rehnelt
#/3L
\ .. .
.
CKNO
23642
23643
23644
23645
23646
23647
23648
23649
23650
23651
23652
23653
23654
23655
23656
23657
23658
23659
23660
23661
23662
23663
23664
23665
23666
23667
23668
23669
23670
23671
23672
23673
23674
23675
23676
23677
23678
23679
23680
23681
23682
.
CHECK APPROVAL LISTING FOR SEPTEMBER 14, 1998 COUNCIL MEETING
CHECKS ISSUED SINCE AUGUST 26, 1998
TO WHOM ISSUED PURPOSE
EXCELO BAKERY CAKE-RECORDING SECRETARY
GOVERNMENT TRAINING SVC BLDG. CODE SEMINAR-PAZANDAK
KATHLEEN HEBERT SEC 125 REIMB
JKS REPAIR & CONTROL AMESBURY WELL CONTROLS
AT&T WIRELESS SERVICES AIR TIME
DAHLHEIMER DISTRIBUTING BEER PURCHASE
HONEYWELL PROTECTION QTRL Y MONITORING-L1Q I
MARLIN'S TRUCKING FREIGHT
NORTH STAR ICE MISC
QUALITY WINE & SPIRITS WINE PURCHASE
PAPA JOHN'S LUNCH MEETING-HURM
US POSTMASTER SEPT. NEWSLETTER POSTAGE
MEDICA SEPT. HEALTH INSURANCE
HEALTH PARTNERS SEPT. HEALTH INSURANCE
UNUM LIFE INSURANCE SEPT. LIFE INSURANCE
AFSCME COUNCIL 14 SEPT. DELTA DENTAL
MN NCPERS SEPT. PERA LIFE INSURANCE
CITY OF TONKA BAY SEPT. RENT-TB L1Q
GRIFFIN COMPANIES SEPT. RENT-L1Q I
TOWLE REAL ESTATE SEPT. RENT-L1Q II
PERA PERA
ICMA RETIREMENT TRUST DEFERREDCOMP
CITY COUNTY CREDIT UNION PAYROLL DEDUCTIONS
ANOKA CO SUPPORT/COLLECT CHILD SUPPORT -C. SCHMID
AFSCME COUNCIL 14 SEPT. UNION DUES
MN DEPT OF REVENUE STATE TAX
ANCHOR PAPER CO NEWSLEITER PAPER
CASIO, INC. SOFTWARE-DIGITAL CAMERA
HAMLlNE UNIVERSITY TUITION-ROLEK
KATHLEEN HEBERT SEC 125 REIMB
HENN CO TREASURER JULY PRISONER EXPENSE
MCLEOD USA COMMUNICATIONS
MERCHANT TRANSACTION SUPF SUPPLY PURCHASE
BRADLEY NIELSEN SEC 125 REIMB
JOSEPH PAZANDAK MILEAGE/SEC 125 REIMB
US WEST COMMUNICATION
US WEST DEX ADVERTISING
ERICA JOHNSON MILEAGE
MARLlN'S TRUCKING FREIGHT
QUALITY WINE & SPIRITS L1QUORIWINE PURCHASE
COMPUTER MANAGEMENT SVC FINANCE SOFTWARE-DN PMT
Page 1
AMOUNT
$14.69
30.00
192.30
5,800.00
120.42
200.00
83.07
119.20
430.62
793.51
30.98
545.97
5,426.00
3,188.06
91.30
281.84
33.00
1,000.00
7,118.50
3,590.45
2,953.86
1,253.07
1,100.77
156.50
139.80
1,397.74
45.56
44.90
983.00
192.30
297.50
1,333.19
170.00
81.00
369.43
108.93
366.13
15.60
148.00
2,101.89
5,923.75
. ....
.
CKNO
23683
23684
23685
23686
23687
23688
23689
23690
23691
23692
23693
23694
23695
23696
23697
23698
23699
23700
23701
23702
23703
23704
23705
23706
23707
23708
23709
23710
23711
.
CHECK APPROVAL LISTING FOR SEPTEMBER 14. 1998 COUNCIL MEETING
CHECKS ISSUED SINCE AUGUST 26, 1998
TO WHOM ISSUED
FORTIS BENEFITS INS. CO.
BROWNING FERRIS IND.
JAMES HURM
LEAGUE OF MN CITIES
CITY OF MINNETONKA
PETTY CASH
ALAN ROLEK
US WEST
WASTE MANAGEMENT
DALE TONDRYK
BELLBOY CORP.
BELLBOY BAR SUPPLY
BUDGET LIGHTING, INC.
DAHLHEIMER DIST..
DAY DISTRIBUTING
EAST SIDE BEVERAGE CO.
GTE DIRECTORIES
GRIGGS, COOPER & CO.
JOHNSON BROS. LIQUOR
LAKE REGION VENDING
MARK VII
MARLIN'S TRUCKING
ONE WAY BLDG. SERVICE
NORTH STAR ICE
PAUSTIS WINE COMPANY
PHILLIPS WINE & SPIRITS
QUALITY WINE & SPIRITS
THORPE DISTRIBUTING
THE WINE COMPANY
PURPOSE
SEPTEMBER DISABILITY
RECYCLlNG-TB L1Q.
MILEAGEJEXPENSES
SEPT. DENT AUJUL Y RE-ISSUE
WATER PURCHASE
TRAVEL EXP .-FINANCE TRAINING
SEC 125 REIMB
COMMUNICATION
WASTE REMOVAL
ESCROW REFUND
LIQUOR PURCHASE
MISC/sUPPL Y PURCHASE
SUPPLY PURCHASE
BEER PURCHASE
BEER/MISC PURCHASE
BEER/MISC PURCHASE
ADVERTISING
L1QUORIWINE/MISC PURCHASE
UQUORIWINE PURCHASE
MISC PURCHASE
BEER/MISC PURCHASE
FREIGHT
MAINT EXP
MISC PURCHASE
WINE/BEER PURCHASE
UQUORIWINE PURCHASE
UQUORIWINE/M1SC PURCHASE
BEER/MISC PURCHASE
WINE PURCHASE
AMOUNT
94.50
$33.66
89.39
1,241.67
129.32
350.00
206.70
158.84
98.12
1,432.50
7,253.17
1,249.82
149.10
1,858.65
7,353.45
15,211.15
56.85
21,147.81
10,150.59
1,959.06
12,692.59
334.40
45.00
1,351.16
346.68
8,723.82
1,037.75
26,047.45
590.81
TOTAL CHECKS ISSUED
$169,666.84
Page 2
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