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082498 CC Reg AgPI . f . REVISED AGENDA CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS MONDAY, AUGUST 24, 1998 7:00 P.M. The City Council will convene in Executive Session from 6:30 to 7:00 p.m. to review status of litigation matters with the City Attorney. Immediately following the regular portion of the meeting, the Council will convene in Work Session format. No action will be taken at this time. AGENDA 1. CONVENE CITY COUNCIL MEETING A. Roll Call Mayor Dahlberg Stover O'Neill Garfunkel Champa B. Review Agenda 2. APPROVAL OF MINUTES A. City Council Work Session Meeting Minutes August 3, 1998 (Att. -#2A Minutes) B . City Council Executive Session Meeting Minutes August 10, 1998 (Att.- #2B Minutes) C. City Council Regular Meeting Minutes August 10, 1998 (Att. -#2C Minutes) D. City Council Work Session Meeting Minutes August 10, 1998 (Att. -#2D Minutes) E. City Council Executive Session Meeting Minutes August 17, 1998 (Att.- #ZE Minutes) F. City Council Joint Work Session Meeting Minutes August 18, 1998 (Att.- #2F Minutes) 3. CONSENT AGENDA - Motion to approve items on Consent Agenda & Adopt Resolutions Therein: A. A Motion to Adopt a Resolution Requesting a Traffic Study on Shorewood Oaks Drive and Oak Leaf Circle (Att. -#3A Proposed Resolution) I CITY COUNCIL AGENDA - AUGUST 24, 1998 PAGE 2 OF 3 B. A Motion to Approve a Temporary Sign Permit for Oasis Market (Att.43B Planner's Memorandum) Applicant: Oasis Market Location: 24365 Smithtown Road C . A Motion to Adopt a Resolution Providing For Delinquent Utility Charges To Be Levied (Att.43C Proposed Resolution) D. A Motion to Adopt An Emergency Management Ordinance (Att.43D Proposed Ordinance) E. A Motion to Adopt a Resolution Authorizing Publication of a Summary of the Emergency Management Ordinance (Att. -#3E Proposed Resolution) F A Motion to Approve a Contract for Services with Abdo, Abdo, Eick and Meyer to Audit Financial Statements for the Year Ended December 31, 1998 (Att. - #3F Proposed Contract) 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. PARKS Report by Representative A. Report on August 11, 1998 Park Commission Meeting (Att.45A Draft Minutes) B . Request for Joint Work Session on September 21 to Review Results of Park & Trail Report 6. PLANNING - Report by Representative A. Report on August 4, 1998 Planning Commission Meeting (Att. -#6A Draft Minutes) B . A Motion to Consider a Request for a Simple Subdivision (Att #6B Planner's Memorandum) Applicant: Tom and Karen Londo Location: 22695 Murray Street C . A Motion to Adopt an Ordinance Amendment - Adult Use (Att. -#6C Proposed Ordinance) D A Motion to Adopt a Resolution Authorizing Publication of a Summary of the Adult Use Ordinance (Att.46D Proposed Resolution) 7. DISCUSSION REGARDING THE PURCHASE OF A SNOWMOBILE 8. CONSIDERATION OF A MOTION REGARDING ASSESSING SERVICES (Att. -#8 Sample Agreement) CITY COUNCIL AGENDA - AUGUST 24, 1998 PAGE 3 OF 3 9. CONSIDERATION OF A MOTION TO ADOPT" A RESOLUTION REGARDING THE EXCELSIOR FIRE DEPARTMENT (Att. -#9 Proposed Resolution) 10. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION APPROVING PLANS, SPECIFICATIONS AND ESTIMATES AND AUTHORIZE ADVERTISEMENT FOR BIDS FOR EMERGENCY VEHICLE PREEMPTION (EVF) — T.H. 7 AND COUNTY ROAD 1? AND T.H. 7 AND OLD MARKET ROAD (Att. - #10 Proposed Resolution) 11. CONSIDERATION' OF AN OFFER TO SELL LAND - 25720 HIGHWAY 7 (Information will be shared at the meeting) 12. ADMINISTRATOR & STAFF REPORTS ` A. Staff Report on Development, Monitoring B. Report on Enforcement Efforts - St. Albans Bay Road (Att. -#12B Special Report) ) 13. MAYOR & CITY COUNCIL REPORTS A. Report on August 10, 1998 Council Work Session • Badger Well House B . - Report on August 17, 1998 Council Work Session • Badger Well House • Telecommunications Consultant • Emergency Preparedness C. Report on August 18, 1998 Council Work Session • Assessing Position 14. ADJOURN TO WORK SESSION SUBJECT J TO APPROVAL OF CLAIMS (Att. - #14) KELLY LAW OFFICES Established 1948 MARK W. KELLY WILLIAM F. KELLY (1922 -1995) 351 SECOND STREET EXCELSIOR, MINNESOTA 55331 August 24, 1998 Mr. John Dean BY FAX: 337 -9310 Kennedy and Graven 470 Pillsbury Center 200 South Sixth Street Minneapolis, MN 55402 (612) 474 -5977 FAX 474 -9575 Re: Sate of the West 12 Rods of the East 32 Rods of the Southeast Quarter of the Southeast Quarter of Section 32, Township 117, Range 23 said Tract being a Part of Lot 98, Auditor's Subdivision 133, Hennepin County, Minnesota. Dear Mr. Dean: I represent Alvin and Shirley Wagner, owners of the above - described property. The Wagners are interested in selling their property. The property is, however, presently subject to an existing Purchase Agreement. In the event that Purchase Agreement is canceled pursuant to statute and contract, my clients are willing to sell their property to the City of Shorewood on the following terms and conditions: Price: $237,000.00 Earnest Money: $5,000.00 Closing Date: 30 days after cancellation of all right, title and interest in the subject property. as held. by .existing parties in interest under Purchase Agreement outstanding. Property to be sold "as is" with no obligation on the part of Seller to remove buildings. No warranty of physical condition. Real property taxes and special assessments to be prorated between the parties through date of closing. Closing Costs: Seller will pay costs of State Deed tax; Buyer will pay all costs of recording and closer. Each party shall be responsible for their own attorney's fees. Buyer shall be responsible for all costs associated with demolition, sealing of septic systems and wells. Seller may, at Seller's costs, remove material components of buildings but shall not be obligated to do so. 4 • KELLY LAW OFFICES -`Z- If proceeding by Purchase Agreement with the City of Shorewood shall in any way jeopardize Seller to claims of breach of contract under previous existing contractual obligations, Seller shall not be obligated to perform. Please advise whether or not the City wishes to pursue this matter as described. The price is firm. We believe the terms are fair. Sincerer , M k W. Kelly MWK /tas cc: Shirley and Alvin Wagner CITY OF SHOREWOOD RESOLUTION NO. 98- A RESOLUTION ACCEPTING OFFER TO SELL LAND AND DIRECTING EXECUTION OF TENDERED PURCHASE AGREEMENT WHEREAS, the City of Shorewood has received a written proposal providing for the sale of approximately 5.6 acres of land ( "Property"); and WHEREAS, the Property has adjacent to and east of Freeman Park and would, if purchased, be available for recreational uses , as well as for other public purposes; WHEREAS, the City has determined that the purchase, as described in the proposal would be for public purposes and uses; and NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Shorewood as follows: 1. That the offer to purchase the Property according to the provisions contained in the proposal is hereby accepted, and the city staff is directed to obtain a final purchase agreement containing terms substantially in conformity to those contained in the proposal. 2. That the Mayor and City Administrator are directed to execute such purchase agreement on behalf of the City and to perform all of the acts and do all the things required to be done by the City pursuant to such agreement. 3. The City acknowledges that the Property is the subject of a purchase agreement between sellers and Eagle Crest Northwest, Inc. (Eagle Crest Agreement'); and a. The offer to sell was initiated by Sellers and was in no way solicited or induced by the City. b. The proposed sale price and the terms and conditions of the sale were presented by Sellers and have been accepted by the City without modification. C. Sellers have informed the City that Eagle Crest is in default of its obligation under the Eagle Crest Agreement; and that the Eagle Crest Agreement is subject to cancellation by virtue of such default. d. Eagle Crest retains the opportunity through the cancellation procedure to purchase the property by curing its default in the manner provided by law.. e. Sellers are not obligated to the City to institute or to prosecute to completion cancellation proceedings. ADOPTED by the Shorewood City Council on this 24` day of August, 1998. ATTEST: Tom Dahlberg, Mayor James C. Hurm, City Administrator FUND: General DEPARTMENT MISSION: DEPARTMENT: Sanitation/Waste Rmv/Weeds Provide for the general sanitation and cleanliness of the City and provide for the treatment of noxious DEPT NO: 67 weeds on City properties. DESCRIPTION OF ACTIVITY: Activities include spraying of boulevards and roadways for weed control, and clean -up of properties in violation of City zoning and sanitation codes, as necessary. OBJECTIVES: - Resolve all property cleanup complaints - Resolve 100% of weed complaints HIGHLIGHTS /COMMENTS: Staffing: Miscellaneous staff time for property clean -ups Support Services: Miscellaneous property clean -ups Contracted weed spraying services 74 FUND: #10 DEPARTMENT: Sanitation/Waste Removal/Weeds DEPT # 67 BUDGET Actual Actual Budget YTD June Annual Requested Proposed Adopted ITEM 1996 1997 1998 1998 EST -9 1999 1999 1999 Staffing 998 1,729 614 21,770 29,079 614 614 0 Supplies /Materials 0 0 0 0 0 0 0 0 Support Services 3,621 3,376 4,000 2,769 65,500 4,000 4,000 0 Charges & Fees 0 0 0 0 0 0 0 0 Capital Outlay 0 0 0 0 0 0 0 0 Transfers 0 0 0 0 0 0 0 0 TOTAL 4,619 5,105 4,614 24,539 94,579 4,614 4,614 0 SERVICE INDICATORS: No of weed complaints 3 2 5 No of notices served 2 1 5 No of parcels sprayed 0 0 0 Miles /roadside sprayed 10 10 10 Spraying in Dollars 2,636 2,742 3,000 COST INDICATORS: Expenditures 4,619 5,105 4,614 24,539 94,579 4,614 4,614 0 - Program Revenues Fed Disaster Aid 85,000 0 0 = Levy Dollars 4,619 5,105 4,614 24,539 9,579 4,614 4,614 0 STAFFING: W, FUND: General DEPARTMENT MISSION: To provide diseased tree inspection services to DEPARTMENT: Tree Maintenance residents; to remove diseased trees located on City property; and to maintain and trim trees located on DEPT NO: 68 City rights -of -way and other property DESCRIPTION OF ACTIVITY: This department is responsible for detection and removal of diseased and unsafe trees on City rights -of -way and other properties, and pruning of trees on city property. Tree inspection services are provided to citizens on an on -call basis. OBJECTIVES: - Remove 100% of diseased trees on public property - Respond to all property owner requests to identify diseased trees - Maintain and trim trees on City property which present a hazard to public HIGHLIGHTS /COMMENTS: Staffing: Includes step increases Supplies /Materials: Small Tools Paint for tree marking Support Services: Contracted tree and brush removal Tree inspection certification 76 FUND: #10 DEPARTMENT: Tree Maintenance DEPT # 68 BUDGET Actual Actual Budget YTD June Annual Requested Proposed Adopted ITEM 1996 1997 1998 1998 EST -98 1999 1999 1999 Staffing 6,166 3,655 8,172 3,288 8,172 8,498 8,498 0 Supplies /Materials 0 502 1,300 1,168 1,268 550 550 0 Support Services 10,687 12,226 13,220 2,503 13,170 15,220 13,220 0 Charges & Fees 0 0 0 0 0 0 0 0 Capital Outlay 0 0 0 0 0 0 0 0 Transfers 0 0 0 0 0 0 0 0 TOTAL 16,853 16,383 22,692 6,959 22,610 24,268 22,268 0 SERVICE INDICATORS: No of trees removed 18 20 Yards of brush hauled 780 700 Expenditures 16,853 16,383 22,692 6,959 22,610 24,268 22,268 0 - Program Revenues = Levy Dollars 16,853 16,383 22,692 6,959 22,610 24,268 22,268 0 STAFFING: Lt Equip Oper /Foreman .20 .20 .20 .20 .20 .20 .20 .20 77 FUND: General DEPARTMENT: Parks & Recreation DEPT NO: 69 DESCRIPTION OF ACTIVITY DEPARTMENT MISSION: Maintain City parks, trails & beaches to ensure safe and enjoyable recreational amenities, and coordinate recreational opportunities for City residents of all ages and physical abilities The department is responsible for the maintenance of all City parks, including playgrounds, ballfields, trails, ice rinks, buildings and other play areas. Winter ice skating, and summer recreation programs (administered by Minnetonka Community Schools) are coordinated under this department. OBJECTIVES: - Revise final park plan and trail plan - Plant at least 10 trees per year - address buffer along Freeman Field # 3 - Assist Shorewood Parks Foundation in coordination of fund raising efforts Assist Shorewood Parks Foundation in building a concession bldg. - Freeman Park North - Continue to develop user support for funding improvements and maintenance in parks - Continue promotion of Shorewood's parks - Implement a policy for use and improvement of park land for organized sports organizations - Improve relationships with sports organizations HIGHLIGHTS /COMMENTS: Staffing: Includes step increases Part time includes permanent clerical Seasonal includes Summer employees and Winter Rink Attendants Supplies /Materials: Small tools Maintenance contracts for computer and office equipment Maintenance to park equipment and buildings Rock, black dirt, gravel, sand, fertilizers, seed for parks Support Services: Contracted park & trail planning services Playground and beach scheduling services - Mtka Community Services Contracted weed control in parks Park utility and telephone charges Annual park newsletter Charges & Fees: Rental of portable toilets Rental of Temporary Warming House at Cathcart Park Capital Outlay: Transfers: NMI FUND: #10 DEPARTMENT: Parks & Recreation DEPT # 69 BUDGET Actual Actual Budget YTD June Annual Requested Proposed Adopted ITEM 1996 19 97 1998 1998 EST -98 1000 1 can . ^- Starring 72,644 74,877 89,927 34,648 89,822 95,693 95,693 0 Supplies /Materials 16,790 16,441 19,600 5,172 18,700 19,200 19,200 0 Support Services 12,885 15,570 23,200 6,501 21,700 19,400 25,400 0 Charges & Fees 6,927 8,016 7,030 2,299 8 8,730 8,730 0 Capital Outlay 739 289 0 0 0 5,000 0 0 Transfers 30 20,000 10,000 0 10,000 10,000 0 0 TOTAL 139,985 135,193 149,757 48,620 148,252 158,023 149,023 0 SERVICE INDICATORS 103,102 102,623 130,257 48,620 124,752 139,423 130,423 0 Acres of maint park 95.80 95.80 95.80 95.80 95.80 95.80 95.80 95.80 No. of ballfields Softball 3 3 3 3 3 3 3 1.60 Baseball 5 5 5 5 5 5 5 .25 No. of shelters 2 4 4 4 4 4 4 No. of hockey rinks 2 2 2 2 2 2 2 No. of skating rinks 3 3 3 3 3 3 3 Miles of Trails 2.75 2.75 2.75 2.75 2.75 2.75 2.75 2.00 Cost of maint per acre 876 955 1,004 427 1,003 1,065 1,065 10.00 No. of times rinks are cleaned & resurfaced 80 80 80 80 80 80 80 No. of picnic tables 40 45 45 45 45 45 45 No, of Tennis Courts 4 4 4 4 4 4 4 COST INDICATORS: Expenditures 139,985 135,193 149,757 48,620 148,252 158,023 149,023 0 - Program Revenues Sports Organizations 6,000 12,000 9,000 10,000 12,000 12,000 Tonka Bay- Beach 883 570 500 500 600 600 Transfer from Trail Fund 0 0 0 3,000 6,000 6,000 Capital Levy 30,000 20,000 10,000 10,000 = Levy Dollars - Maint. 103,102 102,623 130,257 48,620 124,752 139,423 130,423 0 STAFFING: Full time: Lt Equip Oper /Foreman 1.60 1.60 1.60 1.60 1.60 1.60 1.60 1.60 Clerical -- .25 .25 .25 .25 .25 .25 .25 Part time: Clerical .50 -- -- __ Seasonal: Summer 2.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 Winter (rinks) 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 79 FUND: General DEPARTMENT MISSION: DEPARTMENT: Capital Improvement To provide a conduit for funding of capital improvement program through the transfer of dollars DEPT NO: 70 levied through the City's General Fund DESCRIPTION OF ACTIVITY: Provides a conduit for the transfer of General Fund money to the appropriate fund. OBJECTIVES: None HIGHLIGHTS /COMMENTS• Capital Outlay: Lease Payment - Senior /Community Center Transfers: Office Equipment and Storm Drainage set aside. :1 FUND: #10 BUDGET ITEM DEPARTMENT: Capital Improvement DEPT # 70 Actual Actual Budget YTD June Annual Requested Proposed Adopted 1996 1997 1998 1998 EST -98 1999 1999 1999 Staffing Supplies /Materials Support Services Charges & Fees Capital Outlay Transfers a 0 0 0 0 0 0 0 0 37,550 37,550 25,000 25,000 62,550 62,550 0 0 0 0 0 0 J SERVICE INDICATORS: COST INDICATORS: Expenditures 20,000 62,544 62,550 18,772 62,550 62,550 62,550 0 - Program Revenues = Levy Dollars 20,000 62,544 62,550 18,772 62,550 62,550 62,550 0 STAFFING: 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 37,544 37,550 18,772 37,550 20,000 25,000 25 ,000 0 25,000 100 62,544 62,550 18,772 81 FUND: General DEPARTMENT MISSION: To provide for unanticipated increases in program DEPARTMENT: Contingency costs and decreases in anticipated revenue; and to provide a source of funds for projects and DEPT NO: 71 purchases approved during the fiscal year by the City Council DESCRIPTION OF ACTIVITY: Provides budgeted funds for increases in costs or programs which were not anticipated at the time the budget was established. Use of contingency funds is solely at the discretion of the City Council and requires a budget amendment be adopted by the City Council. OBJECTIVES: None HIGHLIGHTS /COMMENTS: Support Services: Council Contingency MN FUND: #10 DEPARTMENT: Contingency DEPT # 71 BUDGET Actual Actual Budget YTD June Annual Requested Proposed Adopted ITEM 1996 1997 1998 1998 EST -98 1999 1999 1999 Staffing 0 0 0 0 0 0 0 0 Supplies /Materials 0 0 0 0 0 0 0 0 Support Services 0 0 32,459 0 30,000 10,000 7,782 0 Charges & Fees 0 0 0 0 0 0 0 0 Capital Outlay 0 0 0 0 0 0 0 0 Transfers 0 0 0 0 0 0 0 0 TOTAL 0 0 32,459 0 30,000 10,000 7,782 0 SER VICE INDICATORS: COST INDICATORS: Expenditures 50,000 46,684 32,459 0 30,000 10,000 7,782 0 - Program Revenues Refunds & Reimbursemts 1,074 1,000 2,000 2,000 2,000 = Levy Dollars 48,926 46,684 31,459 0 28,000 8,000 5,782 0 STAFFING: 4� CITY OF SHO REWOOD 5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331 -8927 • (612) 474 -3236 FAX (612) 474 -0128 • www.state.net /shorewood • cityhall @shorewood.state.net Agenda Item #5B: The Park Commission requested a joint work session with the City Council to review the full report. Park Liaison Roger Champa and I indicated September 21 would be an appropriate date. Agenda Item #6A: The Planning Commission minutes of August 4th provide the Commission's discussion and recommendations relative to Items 613 and 6C -D. N PRINTED ON RECYCLED PAPER Executive Summary Shorewood City Council Meeting Monday, August 24,1998 The City Council will meet in Executive Session in the conference room at 6:30 p.m. A Item #3A: This resolution requests a traffic study from the Commissioner of Transportation on Shorewood Oaks Drive and Oak Leaf Circle to reduce the speed limit to 25 mph. x Agenda Item #3B: The Oasis Market/Amoco Station (formerly Fina Station) at 24365 { Smithtown Road has been remodeling their car wash and now want to announce its ` reopening. They are requesting a temporary sign permit to display a banner for seven L' days. Agenda Item #3C: This motion approves a resolution setting delinquent utility charges and other property specific charges. This is done annually. ' Agenda Item #31): This emergency management ordinance is as reviewed in work session being in the other Lake Minnetonka last week. It is consistent with ordinances passed ` area cities. the of a summary emergency Agenda Item #3E: This resolution authorizes publication management ordinance in the newspaper. Agenda Item #5A: Although at their August 11 meeting, the Park Commission reviewed the Park Planner's report, it is not included in this packet because the Council had previously received it and will be receiving another copy before the September 21 work session on the topic. Agenda Item #5B: The Park Commission requested a joint work session with the City Council to review the full report. Park Liaison Roger Champa and I indicated September 21 would be an appropriate date. Agenda Item #6A: The Planning Commission minutes of August 4th provide the Commission's discussion and recommendations relative to Items 613 and 6C -D. N PRINTED ON RECYCLED PAPER Executive Summary - City Council Meeting of August 24, 1998 Page 2 Agenda Item #6B: The Planning Commission ananimously voted to recommend approval of this simple subdivision for Tom and Karen Londo at 22695 Murrary Street. A simple majority vote is needed to direct staff to prepare a resolution. Agenda Item #6C: This draft of the proposed Adult Use Ordinance incorporates the Planning Commission's comments from their public hearing of August 4th and includes the amendment to the C -3 zoning district. Also included after the Ordinance please find Attorney Daniel Greensweig's memorandum of response to the Council concerning internet access to adult web sites. Agenda Item #61): This resolution authorizes the publication of a summary of the Adult Use Ordinance in the newspaper. Agenda Item #7: Councilmember O'Neill asked that the issue of a backup snowmobile for the police department be placed on this agenda for discussion. Please review the memorandum in the packet. Agenda Item #8: Enclosed in the packet for your information is a sample agreement for assessing services with Hennepin County. Our agreement would be different in that it would be a two (2) year agreement with a four (4) year extension. At this point it appears as though arrangements can be made for the lake area office to be out of the Orono City Hall. We will purchase lateral files from this year's budget for the assessor to be located there. The action here would be a motion authorizing execution of an agreement with Hennepin County for assessing services contingent upon review and approval by the city Attorney. Agenda Item #9: The Mayor of Deephaven has raised several issues with the city of Excelsior regarding fire and rescue service. He is apparently not pleased with the response he has received to his questions. The Deephaven City Council has asked the Excelsior City Council to meet with them on this topic Tuesday, August 25 . (It had previously been set for Monday, August 31) There has been discussion of a special committee to be established to look into issues. There has also been discussion of allowing Deephaven an out of the contract after one year. This still could become part of the five year agreement. The details of a study committee are laid out in the resolution along with a number of other policy recommendations. Council should carefully review this resolution and consider passing it at the August 24 meeting. Agenda Item #10: This is a resolution approving the plans specications and estimate for the Emergency Vehicle Preemption Devices (EVP) for the intersections of Cpounty Raod 19 and Old market Road with State Trunk Highway 7. Thsi resolution also authorizes placement of advertisement for bids. Agenda Item #11B: Enclosed in the packet is the special traffic enforcement effort report on St. Albans Bay Road. Although the report is voluminous, the first four pages is the heart of the report. The Police Chief will not be at Monday night's meeting. If there are any questions let me know before the meeting so we can try to get them answered, or we can raise questions at the meeting to be asked and responded to by the next Council meeting. Executive Summary for Council Meeting June 22, 1998 Page 3 of 3 Executive Summary - City Council Meeting of August 24, 1998 Page 3 Agenda Item #12: There should be a public reporting of each of the items discussed at work sessions. They are listed on the agenda. Following the regular portion of the meeting, we will go into work session to discuss the preliminary levy resolution and the proposed budget. • • CITY OF SHOREWOOD COUNCIL CI: CITY COUNCIL WORK SESSION MEETING 5755 COUNTh MONDAY, AUGUST 3, 1998 7:00 P.M. uptAFT MINUTES 1. CONVENE CITY COUNCIL WORK SESSION Mayor Dahlberg called the meeting to order at 7:05 p.m. A . Roll Call Present: Mayor Dahlberg; Councilmembers O'Neill and Garfunkel; Planning Director Brad Nielsen. Absent: Councilmembers Stover and Champa; Administrator Hurm B . Review Agenda Mayor Dahlberg reviewed the Agenda for August 3, 1998. The agenda was approved as submitted. 2. DISCUSSION ON POLICY SURVEY QUESTIONS The Council reviewed and discussed a draft of the Policy Survey which was prepared by Decision Resources. Bill Morris and Diane Traxler of Decision Resources were in attendance to discuss the proposed survey. Councilmember Garfunkel noted a Parks survey was just recently completed and did not feel questions related to parks would need to be included. Mayor Dahlberg noted his agreement. With respect to Questions 36 through 40, Mayor Dahlberg felt, as a policy maker, the question is whether these items should be involuntary. He stated his belief the crucial policy questions revolve around whether residents would be in favor of forcing a particular policy on a neighborhood which is opposed to it and he requested questions be included relative to this. Councilmember Garfunkel stated another issue would be whether residents are willing to pay for a particular policy in order to have it implemented. Ms. Traxler questioned whether there are feasibility issues. Mayor Dahlberg did not feel there is an all or nothing position and explained the current water system is voluntary and the Council supports neighborhoods which come in with petitions for watermain extension. Councilmember Garfunkel commented with respect to Question No. 3 the answer can be very subjective in that a person's view of their quality of life could fluctuate from day to day. Mayor Dahlberg recalled this particular question was asked on the park survey and questioned whether it needs to be asked again. Ms. Traxler will review this and if it was included in the park survey, it will be deleted from this one. Mr. Morris noted this question was used in another city and was followed up with another question relative to what change or improvement could be made by the City to raise the quality of life from whatever their response had been, for example, good to excellent or fair to good. Ms. Traxler stated a draft question will be included in the next survey for the Council's review. CITY COUNCIL WORK SESSION MEETING MINUTES AUGUST 3, 1998 - PAGE 2 Ms. Traxler requested the removal of Question No. 6 given Question No. 5 which she felt to be more quantitative to what the Council is looking for. Mayor Dahlberg reviewed Question No. 5 and suggested asking a measure of importance to determine how important this issue is to the respondent. Mr. Morris suggested asking the respondent what percentage of their property taxes go to the City. He explained this will demonstrate their perception of how their property taxes are distributed. The caller will then be able to inform the respondent the percentage of their property taxes which actually go to the City. This is then followed up with Question No. 7 which is a comparison with nearby suburban areas. Ms. Traxler noted most residents in suburban areas greatly over estimate the City's share of the property taxes and greatly under estimate the school district's share. With respect to Question Nos. 9 through 17, Councilmember Garfunkel questioned how, for example, a determination will be able to be made relative to street lights and whether the respondent feels there is insufficient or excessive lighting. Ms. Traxler suggested a follow up question in the event a respondent answers "fair" to a particular item. Councilmember O'Neill suggested adding "traffic control" to this list. Ms. Traxler felt perhaps this should be handled as a separate question since this is a current issue in the City. Mr. Morris suggested asking whether there are concerns relative to traffic control such as speed, automobiles and stop signs. Mr. Morris suggested either deleting Question No. 18 or, if it is to be included, asking a follow up question to ascertain why the respondent feels the way they answered. Councilmember Garfunkel would like to know the residents' perception of their ability to come forward and voice their opinions and the reception they receive from the City. Ms. Traxler pointed out Question No. 19 will be cross tabulated with Question No. 24 and this will provide information to determine whether those who are most unhappy with the City are also the least knowledgeable about the City or whether the reverse is true. Councilmember Garfunkel noted it is anticipated this survey will be completed post election. He felt if a survey of this type were to be completed in a non - election year, it would allow for corrective action to be taken by the Council. 0 Ms. Traxler suggested an article be included in the newsletter notifying residents a survey is being completed and letting them know Decision Resources has been retained to assess general attitudes relative to policy issues in the city. They should also be informed telephone numbers are randomly selected and then asked to cooperate should they be one of the households which is called. She stated this will make for a smoother survey process. With respect to Question No. 26, "parks and recreation" and "code enforcement office" will be deleted and "information desk" will be changed to reflect "general information desk." In reviewing Question No. 33, Mr. Morris stated he will contact NSP to determine whether there is an estimated amount which could be inserted in this question. With respect to Question No. 37, Mayor Dahlberg remarked while a resident may be in favor of senior housing, it is important to determine whether or not they would be in favor of forcing senior housing on a neighborhood which is strongly opposed to it. 10 CITY COUNCIL WORK SESSION MEETING MINUTES AUGUST 3, 1998 - PAGE 3 Councilmember O'Neill stated he would like Question No. 41 changed to reflect, "such as affordable housing, senior housing, etc." A follow up question could then be asked whether the respondent would favor imposing this on a neighborhood which is overwhelmingly opposed to it. Councilmember O'Neill questioned the need to include questions relative to snowmobiles given the recent survey and report of the Snowmobile Task Force. Mayor Dahlberg noted his agreement and suggested those questions be deleted. Councilmember Garfunkel questioned at what point the snowmobile issue should be revisited. Ms. Traxler suggested asking residents their opinion relative to the recommendation of the Snowmobile Task Force. Councilmember O'Neill felt this would be a more pertinent question. It was agreed the questions relative to snowmobiles could be included in future surveys, however, given the recent survey and Snowmobile Task Force report, it was agreed these questions should be deleted from this particular survey. It was the consensus of the Council to delete Question No. 46 given crime has not been a significant issue in the City. • Mayor Dahlberg suggested relative to Question No. 47, cross tabbing residents who currently have city water with whether they like or dislike it. Councilmember Garfunkel suggested the following questions: 1) Do you have city water? 2) If not, do you want it? 3) If you have city water, are you satisfied with it? 4) Are you willing to pay the cost to have city water? 5) Are you willing to force your neighbors to pay the cost in order for you to have city water? Mayor Dahlberg felt Question No. 50 could be deleted given the fact water bonds support the municipal water system. Councilmember Garfunkel noted his agreement. Mayor Dahlberg felt Question Nos. 51, 52 and 53 could be deleted in light of the recent park • survey which was completed. With respect to a bond referendum, Councilmember O'Neill suggested the question, "Would you support a bond referendum to obtain green space and retain it in its natural state ?" Mr. Morris will include a question relative to how much a resident would be willing to have their property taxes increase in order to obtain this green space. Councilmember O'Neill asked that a provision be included in the survey requesting suggestions for renaming the newsletter. Mayor Dahlberg stated he supports asking residents about their use of the cable access channel. He would like to include a question relative to the respondent's satisfaction or dissatisfaction with their cable service. Councilmember Garfunkel suggested rewording Question No. 65 to ask whether the respondent owns a home computer and, if so, whether they use services such as the Internet, e -mail and whether they utilize the City's web site. f , CITY COUNCIL WORK SESSION MEETING MINUTES AUGUST 3, 1998 - PAGE 4 Councilmember O'Neill suggested including a question relative to whether the respondent would be interested in receiving a -mails from the City providing them with pertinent City information. With respect to communication, Mayor Dahlberg felt a major goal would be to send information from City Hall to neighborhood associations where it can be circulated throughout the neighborhood to residents without e -mail. Mr. Morris stated Question No. 74 (b) will be included in the next draft in the event the respondent owns their home so the value can be ascertained for purposes of cross tabbing. Ms. Traxler stated a revised survey will be submitted to the Council by the end of the month. Mayor Dahlberg requested she also submit information relative to the cost associated with conducting a survey of this type on a regular basis, such as every other year. O'Neill moved, Garfunkel seconded recessing the meeting at 8:46 p.m. Motion passed 310. Mayor Dahlberg reconvened the meeting at 8:55 p.m. 3. DISCUSSION ON CONDITIONAL USE PERMITS FOR HOME OCCUPATIONS Planning Director Nielsen addressed this matter. He explained there are currently 27 limited home occupation permits and 10 special home occupation permits in existence. Councilmember O'Neill raised the issue of receiving a -mails at home from the work place and inquired what would constitute an in -home business. Nielsen explained if the business being carried out at the residence is the resident's primary place of work, it would be considered an in -home business. Councilmember O'Neill pointed out an individual could work for another company and still carry out the same work at their residence. He noted this issue will need to be addressed. Councilmember O'Neill stated he is in agreement with the Planning Commission in that he does not feel it is necessary for residents simply utilizing a computer in their home or those who work one or two days at home rather than in the office to obtain a home occupation permit. Mayor Dahlberg noted his agreement that residents working at home on computers should not be required to obtain a permit as long as it does not involve customers coming to their residence. It was felt a permit would be required in a situation where there is clientele coming to the residence, the work is being performed from an accessory building or an employee is brought in to work. Councilmember O'Neill noted noise and traffic are the major concerns of adjacent neighbors when a request is brought forward for a home occupation permit. A draft amendment will be submitted to the Planning Commission for their review and consideration at their next meeting. ,M , U CITY COUNCIL WORK SESSION MEETING MINUTES AUGUST 3, 1998 - PAGE 5 4. ADJOURNMENT Dahlberg moved, O'Neill seconded adjourning the work session at 9:15 p.m. Motion passed 310. RESPECTFULLY SUBMITTED Cheryl Wallat, Recording Secretary Timesaver Off Site Secretarial, Inc. ATTEST TOM DAHLBERG, MAYOR JAMES C. HURM, CITY ADMINISTRATOR • CITY OF SHOREWOOD COUNCIL CHAMB; CITY COUNCIL EXECUTIVE SESSION 5755 COUNTRY, CL MONDAY, AUGUST 10, 1998 6:30 P.M. MINUTES 1. CONVENE CITY COUNCIL EXECUTIVE SESSION Mayor Dahlberg called the meeting to order at 6:30 p.m. Roll Call Present: Mayor Dahlberg; Councilmembers Stover, O'Neill, Garfunkel and Champa; City Attorneys John Dean and Joe Young; City Planner Brad Nielsen; and Administrator Jim Hurm 2. DISCUSSION ON STATUS OF CURRENT AND PENDING LITIGATION MATTERS Attorney Dean briefed the Council on the status of current litigation status with regard to the Cabalka case. 3. ADJOURN TO REGULAR MEETING Mayor Dahlberg adjourned the City Council Executive Session Meeting to the regular City Council meeting at 6:57 p.m. 4. RECONVENED EXECUTIVE SESSION Mayor Dahlberg reconvened the City Council Executive Session Meeting at 9:13 p.m. Present: Mayor Dahlberg; Councilmembers Stover, O'Neill, Garfunkel and Champa; City Attorneys John • Dean; City Planner Brad Nielsen; City Engineer Larry Brown; and Administrator Jim Hurm Council members continued their discussion of the status of the Cabalka case with the City Attorney. 5. ADJOURNMENT There being no further business, O'Neill moved, Garfunkel seconded, to adjourn the City Council Executive Session Meeting at 9:48 p.m. • RESPECTFULLY SUBMITTED James C. Hurm, City Administrator ATTEST TOM DAHLBERG, MAYOR JAMES C. HURM, CITY ADMINISTRATOR -,�a6 CITY OF SHOREWOOD COUNCIL CI REGULAR CITY COUNCIL MEETING 5755 COUNT] MONDAY, AUGUST 10, 1998 7:00 P.M. UnAFY MINUTES 1. CONVENE CITY COUNCIL MEETING Mayor Dahlberg called the meeting to order at 7:04 p.m. He announced the Council will adjourn to an Executive Session at the conclusion of the regular meeting and to a work session meeting at the conclusion of the Executive Session. A . Roll Call Present: Mayor Dahlberg; Councilmembers Stover, O'Neill, Garfunkel and Champa; Administrator Hurm; City Attorney John Dean; Planning Director Brad Nielsen; Engineer Larry Brown; Finance Director Al Rolek B . Review Agenda • Mayor Dahlberg read the Agenda for August 10, 1998. The agenda was approved as submitted. 2. APPROVAL OF MINUTES A . City Council Regular Meeting Minutes - July 27, 1998 Garfunkel moved, Stover seconded approving the City Council Regular Meeting Minutes for July 27, 1998, as amended on Page 6, Item No. 7, Paragraph 2, Sentence 2, change "200" to "20." Page 7, Paragraph 5, Sentence 2, change to read, "even though it may not be totally effective . . ." Motion passed 510. B . City Council Work Session Meeting Minutes July 27, 1998 The City Council Work Session Minutes for July 27, 1998, were approved as submitted. 3. CONSENT AGENDA Stover moved, Garfunkel seconded approving the items on the Consent Agenda and Adopting the Resolutions therein: A . A Motion Adopting RESOLUTION NO. 98 -075 "A Resolution Making Election Judge Appointments for Primary and General Elections" B . A Motion Adopting RESOLUTION NO. 98 -076 "A Resolution Accepting Bids and Awarding Contract for 1998 Bituminous Overlay Project 98 -03" Motion passed 510. 4. MATTERS FROM THE FLOOR - None CITY COUNCIL REGULAR MEETING MINUTES AUGUST 10, 1998 - PAGE 2 5. PARKS - Report by Representative A Motion Accepting the Proposed Tournament Policy Councilmember Stover inquired whether the indemnity and hold harmless clause is included in this policy. Attorney Dean explained whether there is an indemnity provision or not, in the case of a lawsuit, there is a fair likelihood the City would be served. Because the organizations are required to have insurance, the insurance would provide defense and protect the City. Administrator Hurm pointed out this policy does not cover the normal season end tournaments, but is for special tournaments. Dahlberg moved, O'Neill seconded accepting the Tournament Policy. Motion passed 510. 6. PLANNING - Report by Representative Planning Commissioner Collins 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). 7. CONSIDERATION OF A MOTION REGARDING REQUEST FOR STOP • SIGN AT INTERSECTION OF MAPLE LEAF CIRCLE AND SHOREWOOD OAKS DRIVE Councilmember Garfunkel noted the stop sign was removed and placed at another location. He inquired whether the second location is actually a preferable location. He pointed out there have been many changes to the neighborhood since the sign was moved. Councilmember Stover commented the neighborhood should be reviewed as it exists today, almost fully developed, to determine the appropriate placement of stop signs. She noted there are probably stop signs in the area which should not be moved. Engineer Brown reviewed the traffic study which was performed on Shorewood Oaks Drive and reported the 85th percentile, which is used by the State to establish speed limits, was 24 miles per hour. The average number of vehicles per day were 290 and the total vehicles over a four day period were 1,158. There were 11 vehicles traveling in excess of the speed limit in this area. Heather Garibaldi, 6080 Burlwood Court, noted a number of the surrounding neighborhoods have i speed limits of 20 and 25 miles per hour and inquired why the speed limit in the Shorewood Oaks Drive area is 30 miles per hour. Brown explained the Commissioner of Transportation is responsible for setting local speed limits and, if so inclined, the Council could request a speed limit less than 30 miles per hour. To do this a resolution would need to be submitted requesting the Commissioner of Transportation conduct a speed study. He commented the Commissioner has the option of either accepting the data compiled by the City or conducting a new study. Attorney Dean explained once a request is received from the City, the Commissioner of Transportation will complete its own traffic study and set a speed limit based on the outcome of that study. Councilmember Garfunkel noted it is possible the Commissioner would use the data collected by the City through the recent traffic study. CITY COUNCIL REGULAR MEETING MINUTES AUGUST 10, 1998 - PAGE 3 Mayor Dahlberg commented the issue is actually the five or six cars which are violating the speed limit in this area. Jim Gemmill, 26245 Oak Leaf Trail, commented when the sign was moved, it diverted traffic equally to both sides of the neighborhood. He expressed his belief if the stop sign is relocated to Maple Leaf Circle, all of the traffic will be diverted to Oak Leaf Trail Mr. Gemmill felt if the entrance to Highway 7 were closed, traffic would be greatly reduced. Councilmember O'Neill commented if this entrance were to be closed, it would have a significant impact on Strawberry Lane. Mayor Dahlberg questioned whether the issue is the amount of traffic or the speed of traffic. Shelley Fletcher, 26130 Oak Leaf Trail, stated it is not so much the amount of traffic as it is the speed of the traffic. She felt the stop sign on Burlwood to be a good location. Ms. Fletcher did comment on an excessive amount of cut through traffic in this area. Lisa Levine, 26325 Oak Leaf Trail, felt cars coming around the corner of Oak Leaf Trail to be a significant issue which will be made worse by removing the stop sign from Oak Leaf Trail and • Shorewood Oaks. She noted the traffic in the area has increased greatly in the past several years. Ms. Levine felt the amount and the speed of the traffic to be significant issues. Councilmember Garfunkel asked if there would be a way to determine the amount of cut through traffic in the area. Brown explained a study can be conducted in which license numbers are recorded from each end of the development to determine what number of cars are utilizing this area for cut through purposes. Councilmember Garfunkel noted there are perceptions and reality and he stated it is important to determine what the reality is. He pointed out 85 percent of the traffic in this area was traveling at 24 miles per hour or less. Councilmember Champa pointed out the majority of traffic passes through this area between 5:00 and 6:00 p.m., presumably on their way home from work. Ms. Garibaldi pointed out this is not a good time for a traffic study since school is not in session • and many residents are away on vacation. Mayor Dahlberg noted the traffic situation may be a product of the growth of this area. He felt at this point it would be important to determine the amount of cut through traffic. Gela Kantro, 26205 Oak Leaf Trail, inquired how the cut through traffic could be reduced. Mayor Dahlberg stated this could be an effort coordinated with the work being completed by MNDOT relative to the Highway 7 access points. Andrew Fletcher, 26130 Oak Leaf Trail, stated he would be open to exploring ways in which to reduce the speed of traffic on Oak Leaf Trail. He noted without sidewalks in the area, the children walk and rollerblade in the streets. He felt the speed of 24 miles per hour is too fast for young children who are in the area. Councilmember Stover asked whether the residents are desiring sidewalks. The Fletchers stated they are very much in favor of sidewalks. CITY COUNCIL REGULAR MEETING MINUTES AUGUST 10, 1998 - PAGE 4 Ms. Levine inquired what it would take to get sidewalks. She stated over the past four years, she has discussed this with the neighbors and felt it would be useful to have one sidewalk which would circle through the area. Mayor Dahlberg asked the residents to carefully consider mixing bicycles and rollerbladers with walkers on a narrow sidewalk. If utilizing a wide sidewalk, he suggested checking with the neighbors to determine their willingness to have a sidewalk which would involve the front of their property. Ms. Kantro noted there are portable speed bumps and asked whether these would be an option. Mayor Dahlberg noted speed bumps are a difficult option given the legalities involved. Mayor Dahlberg inquired whether there would be support on the Council to determine the amount of cut through traffic in this area. Councilmember O'Neill noted the traffic cannot be diverted to a service road and it will be necessary to complete a detailed study to determine the amount of cut through traffic in this area. Councilmember Stover pointed out some of this traffic will be local cut through traffic. Brown felt an origin destination study would be the best way to determine the amount of cut through traffic in this development. He pointed out the beginning of Strawberry Lane construction would impact this study and he suggested waiting until Strawberry Lane is completed and school is in session to obtain an accurate study. Councilmember Champa noted the residents in attendance are in favor of the stop sign remaining in its present location. Councilmember O'Neill suggested directing staff to make a request of the Commissioner of Transportation to reduce the speed limit on Shorewood Oaks Drive to 25 miles per hour. Councilmember Stover felt this request should wait until the speed study on Oak Leaf Trail has been completed and then make application for reduced speed limits on both streets at one time. Dorthy Croskey, 26265 Oak Leaf Trail, pointed out the existing stop sign is also a bus stop for the school children. 0 Councilmember Stover felt in comparing the traffic on Shorewood Oaks Drive and Oak Leaf Trail, the circumstances should be as similar as possible to obtain the most accurate results. She suggested the existing signs remain in place until all information gathering has been completed. Councilmember Champa suggested in trying to lower the speed limit, signs could be posted indicating 25 miles per hour even though this speed limit would not be enforceable. He felt this would slow down the traffic in the area. Councilmember Stover noted her belief the Commissioner of Transportation will conduct a separate study prior to establishing a speed limit for these areas. She pointed out if the State establishes a speed limit less than 30 miles per hour, this would be a defensible limit. Ms. Levine questioned who would pay for the cost of a sidewalk. Hurm stated this would be an assessment situation. Attorney Dean commented people on both sides of the area would probably be assessed. The area away from the cul -de -sac and on the main street probably would not be assessed unless it were determined they would receive a special benefit from the sidewalk. CITY COUNCIL REGULAR MEETING MINUTES AUGUST 10, 1998 - PAGE 5 Ms. Levine inquired relative to the possible costs involved. Mayor Dahlberg stated if a consensus can be developed relative to a rough plan, staff could then estimate the costs involved. It was the consensus of the Council to complete an origin destination study once the construction on Strawberry Lane has been completed and school is in session. Staff will return with a resolution relative to the speed limits on Shorewood Oaks Drive and Oak Leaf Trail for the Council's consideration. Mayor Dahlberg commented when investigating the sidewalk issue in the neighborhood it will be important to ask the individual households whether they are agreeable to sidewalks in their own front yard. Ms. Fletcher inquired whether the sidewalk issue would require a 100 percent petition. Councilmember O'Neill stated he would like as much of a majority as possible. Consideration would then have to be given relative to how much the sidewalk would be imposing on an individual's property rights, however, he would not be inclined to let two or three people hold up the project. Stover moved, Champa seconded to not move any stop signs in the Shorewood • Oaks Development until the studies have been completed and until notice has been given to the list of people who have been receiving notice relative to this issue. Councilmember O'Neill commented relative to the origin destination study that there is no viable solution to the cut through situation without moving the traffic to another roadway. Vote on motion: Motion passed 4/0. (Mayor Dahlberg abstained.) Mayor Dahlberg commented he did not like the way it was done the first time. 8. ACTION REGARDING STRUCTURE AT 5615 EUREKA ROAD A . Consideration of an Order Finding Hazardous Conditions Nielsen reported the Hermans are willing to consent to a condemnation which will expedite the process and eliminate the need to amend the Code. The Hermans have offered to allow the Fire • Department to utilize this structure for a test burn. Dahlberg moved, Stover seconded approving the Order finding Hazardous Conditions at 5615 Eureka Road. Motion passed 510. B . Consideration of an Order to Secure a Hazardous Building Dahlberg moved, Champa seconded approving the Order to Secure a Hazardous Building. Motion passed 510. 9. CONSIDERATION OF A MOTION REGARDING THE 1999 SOUTH LAKE MINNETONKA PUBLIC SAFETY DEPARTMENT BUDGET Chief Rick Young was in attendance along with Brian Litsey. Chief Young reported this budget has been reviewed with the various city administrative staffs and the recommendations of the Coordinating Committee have been incorporated into the budget. Chief Young noted the City of Greenwood has approved the budget and he will be meeting with Tonka Bay and Excelsior to obtain their approval as well. CITY COUNCIL REGULAR MEETING MINUTES AUGUST 10, 1998 - PAGE 6 Administrator Hurm explained he is hopeful the City will obtain an extension on a Federal Grant which would reduce the City's cost by $25,000. Councilmember Stover noted the budget did not include a wage increase. Chief Young explained while no increase was included, there will be funds available. Stover moved, O'Neill seconded approving the 1999 South Lake Minnetonka Public Safety Department Budget. Motion passed 510. 10. CONSIDERATION OF A MOTION APPROVING A CONTRACT FOR TELECOMMUNICATIONS CONSULTANT O'Neill moved, Garfunkel seconded approving a contract for a Telecommunications Consultant subject to the right to rescind the approval following the meeting with the individual. Motion passed 510. 11. CONSIDERATION OF MOTIONS REGARDING FINANCE DEPARTMENT IMPROVEMENTS A. A Motion Accepting Quote for Financial Software Improvements and • Authorization to Purchase Councilmember Garfunkel commented the financial software improvements were budgeted in the Capital Improvement Program. Garfunkel moved, Champa seconded accepting the quote for financial software improvements and authorizing purchase. Motion passed 510. B . A Motion Accepting Quote for Hardware and Authorization to Purchase Councilmember O'Neill inquired with respect to the reference in the Preliminary Investment Summary indicating the price does not include travel, lodging and meal expense. Finance Director Rolek explained the equipment is not being purchased from this particular vender. In addition, that particular reference pertains to the training portion of the estimate rather than the hardware and software installation. Garfunkel moved, O'Neill seconded accepting the quotes for hardware and authorizing purchase. Motion passed 510. C . A Motion Accepting Quote for Installation and Configuration o f Hardware from On -Line Matrix 7 Champa moved, Stover seconded accepting quote for installation and configuration of hardware from On -Line Matrix. Motion passed 510. CITY COUNCIL REGULAR MEETING MINUTES AUGUST 10, 1998 - PAGE 7 12. ADMINISTRATOR AND STAFF REPORTS A. Staff Report on Development Monitoring Planning Director Nielsen reported there has been very little activity on the Watten Ponds Development site. The developer is in the process of removing downed trees in order to restore the fencing. A complaint was received that the trees were being hauled out and placed on the vacant area on Lots 1 and 2 and then being hauled away at a later time. It is expected the fencing situation will be corrected this week. Nielsen reported quotes are still being obtained relative to work on the Smithtown Meadows Development. The City has collected on the developer's Letter of Credit and he has been instructed that funds will be released for any work the developer completes prior to the City. B . Report on Shoreline Messages Hurm reported a message was received in July expressing concern for people using the trail in the Eureka Road area and vehicles traveling on Eureka Road not always stopping and giving the walker or biker the right of way. It was suggested something be included in the newsletter relative to this issue. Hurm also mentioned it may be appropriate to speak with the County Assessor's Office and he suggested meeting with them on either August 18, 19 or 20th. Mayor Dahlberg and Councilmember Champa stated they would prefer to meet in the morning. It was agreed to meet with representatives of the Assessor's Office on August 18, 1998, at 8:00 a.m. C . Engineer's Report on Petition Received from Shady Island Homeowners Association Brown explained the bridge has been completed. The Shady Island Homeowners Association would like to know when the island's roads will be resurfaced, bringing them up to the standard of the new bridge surface and that of Enchanted Lane which leads up to the bridge. Brown explained he will be performing a revised pavement inventory which will be shared with the Homeowners Association. This was agreeable to Mr. Delaney, President of the Association. 13. MAYOR & CITY COUNCIL REPORTS Councilmember Champa commented on the message which was received relative to the trail crossing at Eureka Road and stated he has witnessed the same things, however, there have also been instances of bicyclists coming down the trail and not stopping for the stop sign. He suggested something be done to help this area. Brown explained the Park Commission suggested reviewing all of the trail crossings and making some better delineation. He explained the City has contracted with a striper to do this work once the area has been sealcoated. Councilmember O'Neill suggested the Council discuss the possibility of purchasing a second snowmobile as some point. He noted this issue was raised by Chief Young and Officer Keller. Councilmember Champa expressed his agreement and it was decided this issue will be added to a future agenda for discussion. CITY COUNCIL REGULAR MEETING MINUTES AUGUST 10, 1998 - PAGE 8 Mayor Dahlberg reported a letter was received from Arden Harrison relative to the dog ordinance pointing out there are a number of cats in the area. This matter was referred to Administrator Hurm and Mayor Dahlberg stated he would like to discuss whether or not policies in the ordinance apply to cats as well as dogs. 14. ADJOURNMENT Stover moved, Garfunkel seconded adjourning the regular meeting to Executive Session at 9:04 p.m. subject to the approval of claims and to be followed by a Work Session. Motion passed 510. RESPECTFULLY SUBMITTED Cheryl Wallat, Recording Secretary Timesaver Off Site Secretarial, Inc. ATTEST TOM DAHLBERG, MAYOR 1 0 J E11V1L' a l.. II U Imin, 1.1 l I L-1LiV11n13 JL n.t1 1 ".K • CITY OF SHOREWOOD COUNCIL CHAMBERS CITY COUNCIL WORK SESSION MEETING IMMEDIATELY FOLLOWING MONDAY, AUGUST 10, 1998 EXECUTIVE SESSION MI NUTES 1. CONVENE CITY COUNCIL WORK SESSION on uKAFT Mayor Dahlberg called the meeting to order at 10:00 P.M. A . Roll Call Present: Mayor Dahlberg; Councilmembers Stover, O'Neill, Garfunkel and Champa; Administrator Hurm; City Engineer Larry Brown B . Review Agenda Mayor Dahlberg reviewed the Agenda for August 10, 1998- The agenda was approved as submitted. 2. DISCUSSION ON BADGER WELL HOUSE IMPROVEMENTS City Engineer Brown explained the proposed building is very simplistic. He pointed out as a part of the feasibility report, it was determined it would cost an additional $29,030 to construct additional parking immediately west of the well building. Brown felt this cost to be excessive in that this would provide only seven additional parking stalls. Brown explained that based on a Water Cash Flow Analysis which has been completed, the City can comfortably afford this expenditure. Brown further explained the existing building is a pole barn construction. The existing tank is to be removed and a decision will have to be made whether to have the contractor salvage the tank or attempt to sell it to another city. If it were to be sold to another city, the tank would have to be pressure rated and inspected which would result in some cost to the City. This will be considered during the design process. Councilmember Stover recalled at one time there had been as determined it would be more lishing th e B adger well and discontinuing its use. At that time it w to demolish it than to improve it. Brown noted there is a need for the additional capacity given the contract with the City of Victoria. There have been interconnections for backup as well. Councilmember O'Neill commented he is opposed to expending additional funds on parking for the Southshore Center. He stated he would not be opposed to donating the land, however, the costs should be shared equally. Councilmember Garfunkel noted his agreement. less Councilmember Champs felt the parking i t is determined lot could be done at an time and it parking is would not n the future, expensive to do the work at this time. If that issue can be addressed at that time. Councilmember Stover asked if the existing location orkin d e the existing structure. well house. Brown explained he is trying to minimize costs by S #� D CITY COUNCIL WORK SESSION MEETING MINUTES AUGUST 10, 1998 ,- PAGE 2 Mayor Dahlberg stated he would like to tour the well house building. He commented he is not sympathetic to the aesthetic concerns, however, it was his understanding the major concern relates to functionality. Brown stated there is drainage on the east side which runs through the chlorine room. He explained he is attempting to pursue some remedies through the bonding company with the Southshore Center along with some drainage issues relative to the Center itself. Brown stated it inevitable a chlorine scrubber will have to be purchased at a cost of approximately $100,000. In addition, the building is nonconforming. Councilmember Champa questioned whether the building will have to be brought into conformance once a building permit is issued. Councilmember Stover felt the fact the building is nonconforming to be one of the most significant issues. Mayor Dahlberg pointed out the building has been grandfathered in and he would be hesitant to spend taxpayer funds to bring the building into conformance. Councilmember Stover noted this is Water Fund money as opposed to taxpayer funds. Brown stated it is not a imperative the building be rebuilt, however, it does have some functional problems. There are now some problematic technical issues as well. Mayor Dahlberg stated the $200,000 of Water Fund money could be utilized to buy down the bonds at a faster rate which would possibly permit all other aspects of the water system to be improved at a quicker rate. Councilmember Champa commented he would like information relative to the chlorine scrubber system as well as the time table involved. Brown explained the City is faced with guidelines which mandate a chlorine scrubber will be required. Councilmember Champa noted the chlorine scrubber is a $100,000 expense to be installed in the existing building. There would also be expenses involved in maintaining, updating and testing the system. Brown explained installing a chlorine scrubber in the old building, over the life of the chlorine scrubber, will cost more per year. It was noted that in either the existing building or a new building, as the code changes, a chlorine scrubber may still be necessary. Under these circumstances, Councilmember Champa stated he would be in favor of utilizing the existing building. Mayor Dahlberg asked whether it can be documented it would be substantially more expensive to maintain the scrubber in the old building. Brown explained there may be a point where it is not cost effective to rebuild the building. Mayor Dahlberg noted his approach if the Water Fund can afford, without increases, to build a new well house without any concern on the part of the Council that there might not be enough funds to pay off the bonds and rebuild parts of it, this could appear to be a routine improvement. Unless the Water Fund is going to be in good condition and solvent in the year 2012, he would hesitate to spend the funds on anew building. Mayor Dahlberg stated he would like to discuss this matter further. Councilmember Champa stated he would like to see data on bringing the existing building into a working condition for the next ten years. He stated he would like to tour the existing building as well. CITY COUNCIL WORK SESSION MEETING MINUTES AUGUST 10, 1998 - PAGE 3 Mayor Dahlberg noted his preference to be cautious to ensure the Water Fund over the next ten years is in good condition. It was agreed to tour the Badger Well Building on Monday, August 17, 1998, at 6:30 p.m. prior to the Work Session meeting. 3. ADJOURNMENT O'Neill moved, Champa seconded adjourning the Work Session at 10:45 p.m. Motion passed 510. RESPECTFULLY SUBMITTED Cheryl Wallat, Recording Secretary TimeSaver Off Site Secretarial, Inc. ATTEST TOM DAHLBERG, MAYOR JAMES C. HURM, CITY ADMINISTRATOR • CITY OF SHOREWOOD COUNCIL CHAMBERS CITY COUNCIL EXECUTIVE SESSION 5755 COUNTRY CLUB ROAD MONDAY, AUGUST 17, 1998 6:30 P.M. MINUTES 1. CONVENE CITY COUNCIL EXECUTIVE SESSION NJ Mayor Dahlberg called the meeting to order at 6:35 p.m. u" 9 1 1 A F T Roll Call Present: Mayor Dahlberg; Councilmembers O'Neill, Garfunkel and Champa; City Attorneys John Dean and George Hoff, and Administrator Jim Hurm Absent: Councilmember Stover 2. DISCUSSION ON STATUS OF CURRENT LITIGATION MATTERS Attorney Dean briefed the Council on the status of current litigation status with regard to the Eagle Crest case. i 3. ADJOURN TO REGULAR MEETING Mayor Dahlberg adjourned the City Council Executive Session Meeting to the regular City Council meeting at 7:05 p.m. 4. ADJOURNMENT Mayor Dahlberg adjourned the City Council Executive Session Meeting at 7:05 p.m. RESPECTFULLY SUBMITTED James C. Hurm, City Administrator 0 ATTEST TOM DAHLBERG, MAYOR JAMES C. HURM, CITY ADMINISTRATOR �t� E D RAFT CITY OF SHOREWOOD ORONO COUNCIL ( JOINT WORK SESSION MEETING 2750 KELLEY PARk MONDAY, AUGUST 18, 1998 8:00 A.M. MINUTES 1. CONVENE CITY COUNCIL JOINT WORK SESSION MEETING The meeting began at 8:00 a.m. A. Roll Call Present: Shorewood Councilmembers O'Neill, Champa and Garfunkel; Shorewood City Administrator Hurm and Deputy Clerk Naab; Orono Mayor Jabbour and Councilmembers Gotten, Peterson and Kelly; Orono City Administrator Moorse; and County Assessors May and Hanscom B . Review Agenda 2. DISCUSSION OF ASSESSING NEEDS Mayor Jabbour highlighted his experiences with the County Assessing Department in years past and his most recent experiences. He said Orono is looking for a high level of customer service. County Assessor Hanscom explained the level of certification needed to be an assessor. He explained how the County has facilitated these requires and gone beyond to keep good assessors. Councilmember O'Neill questioned how the County would keep values from excessive increases during the periods when a physical re- evaluation is not done of the property. County Assessor May explained the law prescribes that parcels must physically be inspected and re- evaluated every four years. During the interim period the appraisal staff utilizes computer aided software to analyze individual parcels. County Assessor Hanscom explained one draw back to having the County provide assessing services to individual cities would be the location of the records. The County feels having office space in one of the cites would allow the records to be stored more closely to where they would be needed. This would also provide the two cities with consistent service from the same person. Each city would be required to also provide some clerical support to accept homestead applications and answer basic questions. County Assessor Hanscom explained the County is currently contracting with fifteen cites to provide services. Of those, Golden Valley, Crystal and Richfield have full -time on -site assessors. He explained the postcard they use to announce the assessor will be in the area during such a period and the brochure that is handed out to each property owner after contact. He noted all comments received this year have been very positive. Administrator Hurm questioned the appeals process. He asked how the County would handle residents appearing at the Local Board and then going on to the County Board. County Assessor May explained different appraisers would be responsible for different levels of appeals. He also noted in 1997 a law was passed which allows cities contracting with the County an option of not holding a Local Board of Review but would require the County Assessors to hold an informational meeting for residents. �a� CITY COUNCIL JOINT WORK SESSION MEETING MINUTES AUGUST 18, 1998 - PAGE 2 County Assessor Hanscom explained some of the on -going educational options available to his assessing staff, including: assessment procedures, computers, management, public relations, self defense and conflict management. County Assessor May presented each city with a cost breakdown for services which would be based on a per parcel basis with residential being calculated on a tier system. The cities would have some additional initial start up costs such as computers, hook up to County system and filing cabinets. Administrator Hurm clarified that special requests by each City would be included in the contract price. He asked what kind of terms the County would like with regard to length of contract. County Assessor May explained they propose a six year contract with optional four year extensions. Mayor Jabbour stressed he did not feel it would be morally right to bind a future council to a six year contract. He suggested the County consider a two year contract with possible extensions, or the Orono Council would consider adoption of a resolution declaring a vacancy and the County would then be required to step forward and help with the 1999 assessment. is Councilmember Champa stated he would not be in support of a six year contract either. County Assessor May stated he would discuss this with the County Attorney and get back to each city the following day. 3. ADJOURNMENT The meeting was adjourned at 9:30 a.m. ATTEST TOM DAHLBERG, MAYOR 0 JAMES C. HURM, CITY ADMINISTRATOR r� MEMORANDUM CITY OF SHOREWOOD 5755 FAX COU 47,48 RO S SORE Wt OOD, M IN •• ESOrTA�553 31 -8927 st(612) 474 -3236 TO: Mayor and City Council James Hurm, City Administrator FROM: Larry Brown, Director of Public Works DATE: August 19, 1998 RE: A Motion to Adopt a Resolution Requesting a Speed Study on Shorewood Oaks Drive and to Designate Oak Leaf Trail as a "Residential Roadway" During the August 10` City Council meeting, the City Council directed staff to prepare a resolution requesting the State Commissioner of transportation to conduct a speed study on Shorewood Oaks Drive and Oak Leaf trail to lower the speed limit to 25 miles per hour. Research through the archives indicates that there has been two such requests made of the Commissioner of Transportation for Shorewood Oaks Drive and Oak Leaf Trail. The first study was completed in 1991 (refer to attachment 1). The speed study conducted did not support the posting of the roadway at 25 miles per hour (mph). A second request was made by the City Council in 1995 (refer to attachment 2). Although the request was on file, the report by the Department of Tansportation was not. A copy of the report was not available at the time of this report. Staff will continue to seek a copy to present to the City Council at Monday nights meeting, if available. Minnesota State Statute sets the minimum posted speed of an urban roadway at 30 mph. One exception that can be made is if a roadway is classified by the Commissioner of Transportation as a "Residential Roadway." If this occurs, the local road authority has the jurisdiction to post the roadway at a minimum of 25 miles per hour. One of the criteria set forth for a roadway to be designated as a "Residential Roadway" is based upon length. Under the criteria, Oak Leaf Trail may qualify. Shorewood Oaks Drive does not. Since speed studies have been performed previously by MN/DOT with a response which does not support a lower speed limit, staff is recommending that the speed study performed by the City be forwarded requesting a lower speed limit on Shorewood Oaks Drive. As the City Council may recall, the City's study did support the posting of the lower speed limit. 0 * PRINTED ON RECYCLED PAPER #3;q In addition, staff is recommending that the City request the designation of Oak Leaf Trail as a "Residential Roadway." This would provide the City the authority to post Oak Leaf Trail at a 25 mph speed limit.. Since the traffic appears to be balanced under the current scenario of both roadways being posted at 30 mph, it would be undesirable to have one roadway posted at 25 mph, and the other at 30 mph. It is recommended that both the lowering of the speed limit on Shorewood Oaks Drive and the designation of Oak Leaf Trail as a Residential Roadway by the Commissioner of Transportation occur, for any changes to the posted speed on either roadway. A resolution is attached for your consideration • 0 r6 r� o� TO Minnesota Department of Transportation Metropolitan District Transportation Building St. Paul, Minnesota 55155 Oakdale Office, 3485 Hadley Avenue North, Oakdale, Minnesota 55128 Golden Valley Office, 2055 North Lilac Drive, Golden Valley, Minnesota 55422 A Reply to :5901 Duluth Street, Golden Valley, M 55422 Telephone No. 591 August 22, 1991 .dames C. Hurm, City Administrator City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Re: Speed Zoning - City of Shorewood Shorewood Oaks Drive /Oak Leaf Trail Dear Mr. Hurm: A speed zoning study has been completed for Shorewood Oaks Drive and Oak Leaf Trail as requested by the Shorewood City Council in Resolution 53 - 91. Based on the study results and as discussed with you previously, we recommend continued reliance on Minnesota's statutory 30 mph urban district speed limit. (This limit may be posted or not posted at the city's discretion.) Our recommendation has been forwarded to Mn /DOT "s traffic engineering office in St. Paul for their review. Assuming they concur, no speed limit authorization will be issued. You will be notified of their action. Also, as discussed with you, there is one curve on each road where 30 mph speed cannot be safely maintained. We. suggest installation of turn signs with appropriate advisory speed plates for these curves, especially since the speed limit is posted. During discussion of our recommendation, you expressed interest in general comments concerning speed limits and SLOW CHILDREN signs. You might therefore find the attached letter and the following general comments of interest. While many people believe that posted speed limit determines the speed of traffic, studies in Minnesota and elsewhere have demonstrated that speed patterns are actually determined by driver reaction to the road environment and by driver attitude (purpose of trip, etc.). Very little change in speed patterns can be expected with a change in the posted speed limit. Why then do we bother to post a speed limit? A speed limit can perform the following functions: MIIVNESC3TA � o Attachment I An Equal Opportunity Employer James C. Hurm August 22, 1991 Page Two - Inform those not familiar with a road, what speed is considered to be reasonable and safe under ideal conditions. - Inform those living along the road of the prevailing speed of traffic. - Serve as a basis of enforcement against those who drive at unreasonable or unsafe speed. - Contribute to smooth traffic flow on roads with high traffic volume. To fulfill these functions, however, the numerical value of the speed limit must be consistent with prevailing operating speeds. Also, considering the functions of a speed limit, it is apparent that a posted speed limit will be of the greatest value on arterial or collector streets where non -local traffic can be expected and where enforcement activity is likely. Most municipalities elect to rely on unposted statutory speed limits for strictly residential streets for three reasons: 1) Speed limits have little value on streets where almost all traffic consists of local residents who drive the road daily and where enforcement activity is unlikely. 2) Few cities can afford speed Iimit signs for all of their streets. 3) If each street were to be speed zoned on its own merit, the resulting array of speed limits would be confusing and difficult to enforce. If you have any questions or would like additional information, please contact Ed Brown (591 -4617) at this office. Attachment: Letter Sincerely, T. E. Campbell, P. . Acting District Traffic Engineer TEC:pl :EB • cc: Dan Brannan R. E. Dixon 4/Speed Zone File It MAYOR Robert Bean COUNCIL Kristi Stover Bruce Benson Jennifer McCarty Doug Malam CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331 -8927 • (612) 474 -3236 August 29, 1995 Mr. Ed Brown Senior Engineer Traffic Minnesota Department of Transportation 5801 Duluth Street Third Floor Golden Valley, MN 55422 Re: Speed Zone Study Deals Mr. Brown, On August 28, 1995 the Shorewood City Council passed Resolution No. 95 -75, "A Resolution Requesting a Speed Zone Study on Shorewood Oaks Drive and Oak Leaf Trail, Public Streets in the City of Shorewood ". We are enclosing a copy of the resolution. Please initiate an engineer and traffic investigation to determine the proper speed for this area, prepare the results of this study and forward to us as soon as possible. Should you have any questions or concerns please call me. Thank you. Sincerely, (- - 1 LJ TY OF SHOREWOOD ames C. Hurm, .City Administrator Enclosure cc: Brad Nielsen,.Planning Director Ed DeLaForest, City Engineer Don Zdrazil, Public Works Director Richard Young, Police Chief Attachment Z A Residential Community on Lake Minnetonka's South Shore 0 CITY OF SHOREWOOD RESOLUTION NO. 98- A RESOLUTION REQUESTING A SPEED ZONE STUDY ON SHOREWOOD OAKS DRIVE AND TO DESIGNATE OAK LEAF TRAIL A RESIDENTIAL ROADWAY WHEREAS, it has been brought to the attention of the Shorewood City Council by residents of the Shorewood Oaks subdivision that a special hazard may exist due to the configuration of the streets in the subdivision; and WHEREAS, the present speed limit on Shorewood Oaks Drive and Oak Leaf Trail is 30 mph; and WHEREAS, the City Council has caused preparation of a speed study for Shorewood Oaks Drive which indicates the 85'h percentile to be 24 miles per hour; and WHEREAS, the City Council believes that the configuration of Oak Leaf Trail meets the criteria set forth by Minnesota State Statute to be designated as a Residential Roadway; NOW THEREFORE BE IT RESOLVED by the City Council of the City of Shorewood: 1. That the City Council of the City of Shorewood hereby requests the Commissioner of Transportation to authorize an engineering and traffic investigation to determine whether the speed limit on Shorewood Oaks Drive should be lowered. 2. That the City Council of the City of Shorewood hereby requests that the Commissioner of Transportation designate Oak Leaf Trail as a Residential Roadway as defined by Minnesota State Statute. 0 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 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: Patti Helgesen DATE: 17 August 1998 RE: Oasis Market — Temporary Sign Permit FILE NO.: 405 (Sign Permits) Russell McGlade, representing the Oasis Market (and Amoco) at 24365 Smithtown Road, has requested approval of a sign permit to display a temporary banner announcing the reopening of their car wash. The banner will be no larger than 32 square feet in area and will be hung between the posts of the gas canopy in front of the store. They propose to display the sign, upon approval, for seven consecutive days. Section 1201.03 Subd. l lc.(4) of the City Code provides for the use of temporary signs twice within any 12 month period, seven days at a time and no larger than 32 square feet in area. Our records indicate that the Oasis Market has not had a temporary sign permit within the last 12 months. As such the permit is consistent with Shorewood's sign regulations and should be approved. Cc: Jim Hurm John Dean Russell McGlade n 0 1 6 POINTED ON RECYCLED PAPER i r BUILDING PERMIT SITE = OF APPLICATION SHOREWOOD 5755 COUNTRY CLUB ROAD • SHOREWOOD. MINNESOTA 55331 • (612) 474-= PLANNING AND PROTECTIVE INSPECTIONS (Please Print or Type) Address: Lot: Block: Subdivision: P.I.N.: OWNER -� ,06!4w l � D� ifs A �W Name: �,, i 4;F, 6-, Telephone:( Address: (Street) (City) CONTRACTOR Name: Address: (Street) (City) DWELLING Type: ❑ Single - Family ❑ Two- Family (State) (Zipcode) State Lic. No.: Telephone:( } (State) ❑ Multiple - Family (Zipcode) No. of Units: The undersigned hereby agrees that, in case such permit is granted, that all work which shall be done and all materials which shall be used shall comply with the plans and specifications herewith submitted and with all applicable Ordinances. Signature of applicant: a - " e' G Dom 7 G / PPLICATION FOR: % PERMIT FEES: y 27s /9��1'iCftdlt_ it '� �� Permit Fee (10�7f Lj New Constfuction ❑ Garage: Attached_ Detached_ Plan Check Fee (10- 4027) ❑ Alteration ❑ Porch Sub - total: ❑ Addition ❑ Deck State Surcharge (10-4032) ❑ Demolition ❑ Re -roof Metro S.A.C. (61 -4729) ❑ Finish Basement ❑ Other. Sewer Permit (61 -4721) Water Permit (60 -4713) Estimated Value: Water Meter (60 -4705) P.R.V. (60 -4705) ZONING: Total: �!)' District: Receipt No.: 77 Conformin, 1 Nonconforninz Date: 0 r I� z I CITY OF SHOREWOOD RESOLUTION NO. 98- A RESOLUTION DIRECTING DELINQUENT SEWER CHARGES, STORMWATER UTILITY CHARGES, RECYCLING CHARGES, CITY CLEAN -UP CHARGES, DRY HYDRANT CHARGES, SUMP PUMP CHARGES, ALARM PERMIT CHARGES AND WATER METER CHARGES BE PLACED ON THE 1999 PROPERTY TAX ROLLS WHEREAS, Shorewood City Code provides for the City to place delinquent sanitary sewer charges, stormwater management utility charges, recycling charges, city clean -up charges, dry hydrant charges, sump pump charges, alarm permit charges and water meter charges on the succeeding year property tax rolls for the specified properties; and, WHEREAS, the City Council has scheduled the consideration of the assessment of such charges and has caused notice of such assessments to be mailed to the affected property owners; and, • WHEREAS, the Council has considered such charges at a regular council meeting and has made a determination that delinquent sanitary sewer charges, stormwater management utility charges, recycling charges, city clean-up charges, dry hydrant charges, sump pump charges, alarm permit charges and water meter charges exist for the specified properties set forth in Exhibits A, B, C, D, E, F, G and H attached hereto and made a part hereof. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. That the Hennepin County Special Assessment Division is hereby authorized to place the delinquent sanitary sewer charges, stormwater management utility charges recycling charges, city clean -up charges, dry hydrant charges, sump pump charges, alarm permit charges and water meter charges on the 1997 property tax rolls, payable in 1998, at eight percent (8 %) per annum, against the specified properties as set forth in Exhibits A, B, C, D, E, F, G and H. • 2. That such delinquent charges shall be called Delinquent Sanitary Sewer Charges, Levy No. 14372; Delinquent Stormwater Management Charges, Levy No. 14373; Delinquent Recycling Charges, Levy No. 14374; Delinquent City Clean -up Charges, Levy No. 14375; Delinquent Dry Hydrant Charges, Levy No. 14376; and Delinquent Sump Pump Charges, Levy No. 14377; Delinquent Alarm Permit Charges, Levy No. 14378; Delinquent Water Meter Charges, Levy No. 14379. ADOPTED by the City Council of the City of Shorewood, Minnesota, this 24th day of August, 1998. TOM DAHLBERG, MAYOR ATTEST: JAMES C. HURM, CITY ADMINISTRATOR #3C EXHIBIT A SPECIAL ASSESSMENT CERTIFICATION ROLLS MUNIC CODE 26 LEVY NO 14372 PID NO. n nnm mn Tf1TA l 00lAlf%l0 A l PAGE 1 OF 5 Af+nAl INIT Klf% 25- 117 -23 -31 -0018 35590 351.84 0892201550 25- 117 -23 -32 -0023 35260 351.84 0485205750 25- 117 -23 -33 -0035 01061 256.67 0270205620 25- 117 -23 -33 -0046 04689 256.67 0780052600 25- 117 -23 -34 -0025 34460 351.84 0270203450 25- 117 -23 -44 -0049 35490 351.84 0705053550 26-117-23-11-0028 35555 351.84 0435047400 26-117-23-11-0044 35555 351.84 0435046450 26- 117 -23 -14 -0011 35240 351.84 0685049410 26- 117 -23 -14 -0013 35240 256.67 0290209200 26- 117 -23 -14 -0022 35240 256.67 0385209400 26- 117 -23 -14 -0053 35240 170.15 0285049000 26- 117 -23 -14 -0054 35240 170.15 0285049200 26- 117 -23 -14 -0065 35240 683.68 0285048120/48140 26- 117 -23 -14 -0069 35240 238.32 0550211550 26- 117 -23 -14 -0083 35240 351.84 0290209250 0 • &7-, EXHIBIT A SPECIAL ASSESSMENT CERTIFICATION ROLLS LEVY NO 14372 MUNIC CODE 26 PID NO. ADDN NO. TOTAL PRINCIPAL PAGE 2OF5 ACCOUNT NO. 26- 117 -23 -14 -0084 35240 265.81 0550211950 26- 117 -23 -14 -0087 35240 351.84 0285049250 26- 117 -23 -41 -0013 35240 351.84 0815050500 26- 117 -23 -41 -0026 35240 351.84 0780050350 29- 117 -23 -33 -0008 35460 95.08 0225270400 30- 117 -23 -32 -0013 34915 170.15 0245044000 30- 117 -23 -33 -0030 34590 351.84 0255045500 31- 117 -23 -13 -0024 35417 456.52 0960279650 32-117-23-11-0014 35510 351.84 0825256450 32-117-23-11-0019 35510 181.44 0930257200 32- 117 -23 -11 -0049 04918 350.04 0770259850 32- 117 -23 -12 -0002 34420 351.84 0330054550 32- 117 -23 -12 -0007 34420 174.15 0330054650 32- 117 -23 -12 -0008 34420 256.67 0330054451 32- 117 -23 -12 -0024 35360 351.84 0605263950 32- 117 -23 -13 -0008 34420 167.52 0330057750 AN EXHIBIT A MUNIC CODE 26 PID NO. 32-117-23-14-0012 32- 117 -23 -14 -0031 32- 117 -23 -14 -0040 32-117-23-14-0041 32- 117-23-31-0013 32- 117-23-31-0024 32-117-23-33-0012 32-11 7 - 23-34-0008 33-1 17-23-11-0050 33- 117 -23 -12 -0017 33- 117 -23 -13 -0003 33- 117 -23 -14 -0010 33- 117 -23 -14 -0024 33-1 17 - 23-21-0033 33- 117 - 23-21-0037 33-1 17 - 23-21-0038 SPECIAL ASSESSMENT CERTIFICATION ROLLS LEVY NO 14372 ADDN NO. 34420 35270 34420 34420 00778 34540 34342 35300 35520 34345 34420 34910 34911 35585 35585 35585 TOTAL PRINCIPAL 91.50 91.50 351.84 256.67 351.84 256.67 91.50 351.84 291.50 256.67 351.84 98.33 107.53 222.66 683.68 90.46 • • PAGE 3OF5 ACCOUNT NO. 0265257650 0775256500 0775258950 0775258650 0110059950 0775266750 0040271750 0160061700 0745055200 0015247400 0775246200 0220056700 0220057500 0470054220 0470054350/54370 0470054170 i EXHIBIT A SPECIAL ASSESSMENT CERTIFICATION ROLLS MUNIC CODE 26 LEVY NO 14372 PID NO. ADDN NO. TOTAL PRINCIPAL PAGE 4OF5 ACCOUNT NO 33- 117 -23 -22 -0002 34420 256.67 0905055300 33- 117 -23 -22 -0011 34970 351.84 0585254550 33-117-23-22-0014 34970 683.68 0260055251/55551 33- 117 -23 -22 -0018 35575 351.84 0905054950 33- 117 -23 -22 -0020 35585 170.15 0805054400 33- 117 -23 -23 -0003 34420 683.68 0260056550/56650 33- 117 -23 -23 -0024 34960 170.15 0775252350 33- 117 -23 -23 -0027 34960 351.84 0775255650 33- 117 -23 -23 -0035 34960 417.69 9775255750 33- 117 -23 -24 -0006 34420 351.84 0775248600 33- 117 -23 -32 -0031 35200 351.84 0260058900 33- 117 -23 -44 -0032 04031 256.67 0940242150 33- 117 -23 -44 -0038 04418 149.75 0975242750 34- 117 -23 -22 -0007 34420 351.84 0775239700 34- 117 -23 -22 -0008 34440 351.84 0775239300 34- 117 -23 -23 -0004 34440 351.84 0775238250 EXHIBIT A SPECIAL ASSESSMENT CERTIFICATION ROLLS MUNIC CODE 26 LEVY NO 14372 PID NO. Annm N[) TnTAI DDINIPIDAI PAGE 5OF5 A f%f%ni MY Klf% 34- 117 -23 -23 -0027 35220 213.67 0165238850 34- 117 -23 -23 -0045 34440 683 0872055950/55970 34-117-23-31-0072 34440 456.52 0975235850 34- 117 -23 -32 -0014 35225 170.15 0550058300 34- 117 -23 -43 -0002 34440 351.84 0125060500 34- 117 -23 -43 -0023 03993 351.84 0300060700 34-117-23-43-0036 34440 237.13 0300060200 34- 117 -23 -44 -0023 34440 259.27 0100061700 34-117-23-44-0048 34440 351.84 0570227650 35- 117 -23 -11 -0074 02113 91.50 0655208800 36-117-23-21-0009 35400 351.84 0740055800 36- 117 -23 -22 -0024 35400 93.28 0655204300 36- 117 -23 -22 -0034 35448 351.84 0140055950 36 34336 170.15 0675058900 36- 117 -23 -31 -0012 35456 256.67 0675059750 • 0 Irc EXHIBIT B SPECIAL ASSESSMENT CERTIFICATION ROLLS MUNIC CODE 26 LEVY NO 14373 PAGE 1 OF 7 PID NO. ADDN NO. TOTAI PRIMPIDAI A/%nAl INIT Al^ 25-117-23-31-0018 35590 19.17 0892201550 25-117-23-32-0023 35260 24.93 0485205750 25- 117 -23 -33 -0035 01061 9.57 0270205620 25- 117 -23 -33 -0046 04689 24.93 0780052600 25- 117 -23 -34 -0025 34460 13.42 0270203450 25- 117 -23 -43 -0016 05035 33.42 4897190009 25- 117 -23 -44 -0049 35490 38.35 0705053550 26-117-23-11-0028 35555 13.42 0435047400 26- 117 -23 -11 -0044 35555 13.42 0435046450 26- 117 -23 -14 -0011 35240 13.42 0685049410 26- 117 -23 -14 -0013 35240 9.57 0290209200 26- 117 -23 -14 -0017 35240 26.07 9261400179 26- 117 -23 -14 -0022 35240 9.57 0385209400 26- 117 -23 -14 -0053 35240 6.07 0285049000 26- 117 -23 -14 -0054 35240 6.07 0285049200 26- 117 -23 -14 -0062 35240 36.33 055021 1930 EXHIBIT B SPECIAL ASSESSMENT CERTIFICATION ROLLS LEVY NO 14373 MUNIC CODE 26 PID NO. Annm Nil Tf1TA 1 ornlKlr+lo A 1 PAGE 2 OF 7 A t%^^1 lkl"r ILIA 26- 117 -23 -14 -0065 35240 13.48 wvvvl IN I a w. 0285048120/48140 26- 117 -23 -14 -0069 35240 9.92 0550211550 26- 117 -23 -14 -0083 35240 13.42 0290209250 26- 117 -23 -14 -0084 35240 9.57 0550211950 26- 117 -23 -14 -0087 35240 13.42 0285049250 26-117-23-41-0013 35240 19.17 0815050500 26- 117 -23 -41 -0026 35240 24.93 0780050350 29-117-23-33-0008 35460 6.07 0225270400 30-117-23-14-0001 34330 44.93 9301400019 30-117-23-23-0002 34915 29.57 0245043000 30- 117 -23 -32 -0013 34915 6.07 0245044000 30- 117 -23 -33 -0030 34590 24.93 0255045500 31- 117 -23 -13 -0024 35417 32.79 0960279650 32-117-23-11-0014 35510 13.42 0825256450 32- 117 -23 -11 -0019 35510 4.81 0930257200 32-117-23-11-0049 04918 1 13.42 0770259850 EXHIBIT B SPECIAL ASSESSMENT CERTIFICATION ROLLS MUNIC CODE 26 LEVY NO 14373 PAGE 3 OF 7 PID NO. ADDN NO. TOTAL PRINCIPAL ACCOUNT NO 32- 117 -23 -12 -0002 34420 19.17 0330054550 32- 117 -23 -12 -0007 34420 8.67 0330054650 32- 117 -23 -12 -0008 34420 17.78 0330054451 32- 117 -23 -12 -0024 35360 19.17 0605263950 32- 117 -23 -12 -0027 35360 39.17 0330055200 32- 117 -23 -12 -0028 00385 39.17 0590263300 32- 117 -23 -13 -0008 34420 7.35 0330057750 32- 117 -23 -14 -0012 34420 8.11 0265257650 32- 117 -23 -14 -0031 35270 5.38 0775256500 32- 117 -23 -14 -0040 34420 24.93 0775258950 32- 117 -23 -14 -0041 34420 17.78 0775258650 32- 117 -23 -24 -0002 34332 44.93 0775267500 32- 117 -23 -31 -0013 00778 24.93 01 10059950 32- 117 -23 -31 -0024 34540 17.78 0775266750 32- 117 -23 -33 -0012 34342 6.75 0040271750 32- 117 -23 -34 -0008 35300 13.42 0160061700 EXHIBIT B SPECIAL ASSESSMENT CERTIFICATION ROLL MUNIC CODE 26 LEVY NO 14373 PAGE 4 OF 7 PID NO. nnnm Nn TnTAI DDIAIPIDAI A f`fYll MY nifA 32- 117 -23 -34 -0035 35300 31.28 9323400359 33-117-23-11-0050 35520 9.62 0745055200 33- 117 -23 -12 -0017 34345 9.57 0015247400 33- 117 -23 -13 -0003 34420 19.17 0775246200 33- 117 -23 -14 -0010 34910 6.74 0220056700 33- 117 -23 -14 -0024 34911 7.16 0220057500 33-117-23-21-0033 35585 7.12 0470054220 33-117-23-21-0037 35585 13.48 0470054350/54370 33-117-23-21-0038 35585 1.93 0470054170 33- 117 -23 -22 -0002 34420 9.57 0905055300 33- 117 -23 -22 -0011 34970 19.17 0585254550 33-117-23-22-0014 34970 19.24 0260055251/55551 33- 117 -23 -22 -0018 35575 13.42 0905054950 33- 117 -23 -22 -0020 35585 6.07 0805054400 33- 117 -23 -23 -0003 34420 13.48 0260056550/56650 33- 117 -23 -23 -0024 34960 11.28 0775252350 v • EXHIBIT B SPECIAL ASSESSMENT CERTIFICATION ROLLS MUNIC CODE 26 LEVY NO 14373 PID NO. ADDN N O. TOTAL PRINCIPAL PAGE 5 OF 7 ACCOUNT NO 33- 117 -23 -23 -0027 34960 19.17 0775255650 33- 117 -23 -23 -0035 34960 22.00 9775255750 33- 117 -23 -24 -0006 34420 24.93 0775248600 33- 117 -23 -24 -0015 35454 31.28 9332400159 33- 117 -23 -32 -0031 35200 24.93 0260058900 33- 117 -23 -43 -0027 03937 39.17 0935246500 33- 117 -23 -43 -0028 03937 44.93 0935240000 33- 117 -23 -44 -0032 04031 13.67 0940242150 33- 117 -23 -44 -0038 04418 8.67 0975242750 34- 117- 23 -22- 0002/03 34334/34440 46.88 9342200029 34- 117 -23 -22 -0007 34420 24.93 0775239700 34- 117 -23 -22 -0008 34440 19.17 0775239300 34- 117 -23 -23 -0004 34440 19.17 0775238250 34- 117 -23 -23 -0027 35220 9.57 0165238850 34- 117 -23 -23 -0045 34440 13.48 0872055950/55970 34- 117 -23 -31 -0071 34440 28.67 01 15059550 EXHIBIT B SPECIAL ASSESSMENT CERTIFICATION ROLLS LEVY NO 14373 MUNIC CODE 26 PID NO_ annui Kin T r% TA1 nnu I^ r%Ar PAGE 6 OF 7 A AAA■ � \�T��A 34-117-23-31-0072 - -- —"' "�' 34440 ■ v rar.. r r urwu r-r.. 30.19 MVVVVIY 1 IVV. 0975235850 34- 117 -23 -32 -0014 35225 8.67 0550058300 34-117-23-41-0025 35578 33.67 0300059650 34- 117 -23 -43 -0002 34440 24.93 0125060500 34- 117 -23 -43 -0023 03993 24.93 0300060700 34- 117 -23 -43 -0035 34440 28.67 0300060000 34-117-23-43-0036 34440 11.28 0300060200 34-117-23-44-0023 34440 15.04 0100061700 34- 117 -23 -44 -0048 34440 19.17 0570227650 35- 117 -23 -11 -0074 02113 5.47 0655208800 36-117-23-21-0009 35400 13.42 0740055800 36 02860 23.92 0105054740 36- 117 -23 -22 -0024 35400 39.49 0655204300 36- 117 -23 -22 -0034 35448 19.17 0140055950 36 34336 11.28 0675058900 36- 117 -23 -31 -0012 1 35456 23.23 0675059750 EXHIBIT B MUNIC CODE 26 SPECIAL ASSESSMENT CERTIFICATION ROLLS LEVY NO 14373 PID NO. ADDIS! NO. TOTAL PRINCIPAL PAGE 7 OF 7 ACCOUNT NO. 36- 117 -23 -44 -0005 03165 26.07 9580600755 EXHIBIT C SPECIAL ASSESSMENT CERTIFICATION ROLLS LEVY NO 14374 MUNIC CODE 26 PID NO. Annm Kin 'MrAl nnlnlf%InAl PAGE 1 OF 5 A /% ^f11 INIT klA 25- 117 -23 -31 -0018 35590 18.78 0892201550 25- 117 -23 -32 -0023 35260 18.78 0485205750 25- 117 -23 -33 -0035 01061 14.39 0270205620 25- 117 -23 -33 -0046 04689 14.39 0780052600 25- 117 -23 -34 -0025 34460 18.78 0270203450 25- 117 -23 -44 -0049 35490 18.78 0705053550 26- 117 -23 -11 -0028 35555 18.78 0435047400 26-117-23-11-0044 35555 18.78 0435046450 26- 117 -23 -14 -0011 35240 18.78 0685049410 26- 117 -23 -14 -0013 35240 14.39 0290209200 26- 117 -23 -14 -0022 35240 14.39 0385209400 26- 117 -23 -14 -0053 35240 10.40 0285049000 26- 117 -23 -14 -0054 35240 10.40 0285049200 26- 117 -23 -14 -0065 35240 37.56 0285048120/48140 26- 117 -23 -14 -0069 35240 14.78 055021 1550 26-117-23-14-0083 35240 18.78 0290209250 AMM IK0 MUNIC CODE 26 SPECIAL ASSESSMENT CERTIFICATION ROLLS LEVY NO 14374 PID NO. ADDN NO. TOTAL PRINCIPAL PAGE 2 OF 5 ACCOUNT NO. 26- 117 -23 -14 -0087 35240 18.78 0285049250 26- 117 -23 -41 -0013 35240 18.78 0815050500 26- 117 -23 -41 -0026 35240 18.78 0780050350 29- 117 -23 -33 -0008 35460 10.40 0225270400 30- 117 -23 -32 -0013 34915 10.40 0245044000 30- 117 -23 -33 -0030 34590 18.78 0255045500 31-117-23-13-0024 35417 23.61 0960279650 32-117-23-11-0014 35510 18.78 0825256450 32-117-23-11-0019 35510 14.39 0930257200 32-117-23-11-0049 04918 18.78 0770259850 32- 117 -23 -12 -0002 34420 18.78 0330054550 32- 117 -23 -12 -0007 34420 10.40 0330054650 32- 117 -23 -12 -0008 34420 14.39 0330054451 32- 117 -23 -12 -0024 35360 18.78 0605263950 32- 117 -23 -13 -0008 34420 11.85 0330057750 32- 117 -23 -14 -0012 34420 10.40 0265257650 EXHIBIT C SPECIAL ASSESSMENT CERTIFICATION ROLLS MUNIC CODE 26 LEVY NO 14374 PAGE 3 OF 5 PID NO. nnntj mn TnTAI 0Dlnlf%lMAl Annni MY Kin 32- 117 -23 -14 -0031 35270 10.40 0775256500 32- 117 -23 -14 -0040 34420 18.78 0775258950 32- 117 -23 -14 -0041 34420 14.39 0775258650 32- 117 -23 -24 -0002 34332 18.78 0775267500 32-117-23-31-0013 00778 18.78 01 10059950 32-117-23-31-0024 34540 14.39 0775266750 32- 117 -23 -33 -0012 34342 10.40 0040271750 32-117-23-34-0008 35300 18.78 0160061700 33-117-23-11-0050 35520 18.78 0745055200 33- 117 -23 -12 -0017 34345 14.39 0015247400 33- 117 -23 -13 -0003 34420 18.78 0775246200 33- 117 -23 -14 -0010 34910 11.15 0220056700 33- 117 -23 -14 -0024 34911 11.64 0220057500 33-117-23-21-0033 35585 19.61 0470054220 33- 117 -23 -21 -0037 35585 37.56 0470054350/54370 33- 117 -23 -21 -0038 35585 6.21 0470054170 0 0 • s EXHIBIT C SPECIAL ASSESSMENT CERTIFICATION ROLLS MUNIC CODE 26 LEVY NO 14374 PAGE 4 OF 5 PID NO. ADDN NO. TOTAL PRINCIPAL ACCOUNT NO. 33- 117 -23 -22 -0002 34420 14.39 0905055300 33- 117 -23 -22 -0011 34970 18.78 0585254550 33-117-23-22-0014 34970 37.56 0260055251/55551 33- 117 -23 -22 -0018 35575 18.78 0905054950 33-117-23-22-0020 35585 10.40 0805054400 33- 117 -23 -23 -0003 34420 37.56 0260056550/56650 33- 117 -23 -23 -0024 34960 10.40 0775252350 33- 117 -23 -23 -0027 34960 18.78 0775255650 33- 117 -23 -24 -0006 34420 18.78 0775248600 33- 117 -23 -32 -0031 35200 18.78 0260058900 33- 117 -23 -44 -0032 04031 14.39 0940242150 33- 117 -23 -44 -0038 04418 10.40 0975242750 34- 117 -23 -22 -0007 34420 18.78 0775239700 34- 117 -23 -22 -0008 34440 18.78 0775239300 34- 117 -23 -23 -0004 34440 18.78 0775238250 34- 117 -23 -23 -0027 35220 14.39 0165238850 EXHIBIT C SPECIAL ASSESSMENT CERTIFICATION ROLLS MUNIC CODE 26 LEVY NO 14374 PAGE 5 OF 5 PID NO. onnm Nn TnTAI PQwr_iaei Arrnl wT Kin 34- 117 -23 -23 -0045 34440 37.56 0872055950/55970 34- 117 -23 -31 -0072 34440 23.61 0975235850 34- 117 -23 -32 -0014 35225 10.40 0550058300 34- 117 -23 -43 -0002 34440 18.78 0125060500 34- 117 -23 -43 -0023 03993 18.78 0300060700 34-117-23-43-0036 34440 10.40 0300060200 34-117-23-44-0023 34440 15.48 0100061700 34-117-23-44-0048 34440 18.78 0570227650 35- 117 -23 -11 -0074 02113 10.40 0655208800 36-117-23-21-0009 35400 18.78 0740055800 36-117-23-22-0024 35400 1 1 .15 0655204300 36- 117 -23 -22 -0034 35448 18.78 0140055950 36-117-23-31-0005 34336 10.40 0675058900 36- 117 -23 -31 -0012 35456 14.39 0675059750 9 9 • • EXHIBIT D SPECIAL ASSESSMENT CERTIFICATION ROLLS MUNIC CODE 26 LEVY NO 14375 PID NO. AWN NO. TOTAL PRINCIPAL PAGE 1 OF 5 ACCOUNT NO. 25- 117 -23 -31 -0018 35590 7.00 0892201550 25- 117 -23 -32 -0023 35260 7.00 0485205750 25- 117 -23 -33 -0035 01061 7.00 0270205620 25- 117 -23 -33 -0046 04689 7.00 0780052600 25- 117 -23 -34 -0025 34460 7.00 0270203450 25- 117 -23 -44 -0049 35490 7.00 0705053550 26- 117 -23 -11 -0028 35555 7.00 0435047400 26- 117 -23 -11 -0044 35555 7.00 0435046450 26- 117 -23 -14 -0011 35240 7.00 0685049410 26- 117 -23 -14 -0013 35240 7.00 0290209200 26- 117 -23 -14 -0022 35240 7.00 0385209400 26-117-23-14-0053 35240 7.00 0285049000 26- 117 -23 -14 -0054 35240 7.00 0285049200 26- 117 -23 -14 -0065 35240 14.00 0285048120/48140 26- 117 -23 -14 -0069 35240 7.00 0550211550 26- 117 -23 -14 -0083 35240 7.00 0290209250 EXHIBIT D SPECIAL ASSESSMENT CERTIFICATION ROLLS MUNIC CODE 26 LEVY NO 14375 PAGE 2 OF 5 PID NO. ADDN Nn TnrAi 001KIPIDAl Af%rnl IIUT Kin 26- 117 -23 -14 -0084 35240 7.00 0550211950 26- 117 -23 -14 -0087 35240 7.00 0285049250 26-117-23-41-0013 35240 7.00 0815050500 26- 117 -23 -41 -0026 35240 7.00 0780050350 29- 117 -23 -33 -0008 35460 7.00 0225270400 30- 117 -23 -32 -0013 34915 7.00 0245044000 30- 117 -23 -33 -0030 34590 7.00 0255045500 31-117-23-13-0024 35417 13.50 0960279650 32-117-23-11-0014 35510 7.00 0825256450 32-117-23-11-0019 35510 7.00 0930257200 32-117-23-11-0049 04918 7.00 0770259850 32- 117 -23 -12 -0002 34420 7.00 0330054550 32- 117 -23 -12 -0007 34420 7.00 0330054650 32- 117 -23 -12 -0008 34420 7.00 0330054451 32- 117 -23 -12 -0024 35360 7.00 0605263950 32- 117 -23 -13 -0008 34420 7.00 0330057750 EXHIBIT D SPECIAL ASSESSMENT CERTIFICATION ROLLS LEVY NO 14375 MUNIC CODE 26 PID NO. ADDN NO. TOTAL PRINCIPAL PAGE 3 OF 5 ACCOUNT NO. 32- 117 -23 -14 -0012 34420 7.00 0265257650 32- 117 -23 -14 -0031 35270 7.00 0775256500 32- 117 -23 -14 -0040 34420 7.00 0775258950 32- 117 -23 -14 -0041 34420 7.00 0775258650 32- 117 -23 -31 -0013 00778 7.00 01 10059950 32- 117 -23 -31 -0024 34540 7.00 0775266750 32- 117 -23 -33 -0012 34342 7.00 0040271750 32- 117 -23 -34 -0008 35300 7.00 0160061700 33- 117 -23 -11 -0050 35520 7.00 0745055200 33- 117 -23 -12 -0017 34345 7.00 0015247400 33- 117 -23 -13 -0003 34420 7.00 0775246200 33- 117 -23 -14 -0010 34910 7.00 0220056700 33- 117 -23 -14 -0024 34911 7.00 0220057500 33- 117 -23 -21 -0033 35585 7.00 0470054220 33- 117 -23 -21 -0037 35585 14.00 0470054350/54370 33- 117 -23 -21 -0038 35585 7.00 0470054170 EXHIBIT D SPECIAL ASSESSMENT CERTIFICATION ROLLS MUNIC CODE 26 LEVY NO 14375 PAGE 4 OF 5 PID NO. AWN NO. TOTAL PRINCIPAL ACCOUNT NO. 33- 117 -23 -22 -0002 34420 7.00 0905055300 33- 117 -23 -22 -0011 34970 7.00 0585254550 33-117-23-22-0014 34970 14.00 0260055251/55551 33- 117 -23 -22 -0018 35575 7.00 0905054950 33- 117 -23 -22 -0020 35585 7.00 0805054400 33- 117 -23 -23 -0003 34420 14.00 0260056550/56650 33- 117 -23 -23 -0024 34960 7.00 0775252350 33- 117 -23 -23 -0027 34960 7.00 0775255650 33-117-23-24-0006 34420 7.00 0775248600 33- 117 -23 -32 -0031 35200 7.00 0260058900 33- 117 -23 -44 -0032 04031 7.00 0940242150 33-117-23-44-0038 04418 7.00 0975242750 34- 117 -23 -22 -0007 34420 7.00 0775239700 34- 117 -23 -22 -0008 34440 7.00 0775239300 34- 117 -23 -23 -0004 34440 7.00 0775238250 34- 117 -23 -23 -0027 35220 7.00 0165238850 9 0 EXHIBIT D SPECIAL ASSESSMENT CERTIFICATION ROLLS LEVY NO 14375 MUNIC CODE 26 PID NO. ADDN NO. TOTAL PRINCIPAL PAGE 5 OF 5 ACCOUNT NO. 34- 117 -23 -23 -0045 34440 14.00 0872055950/55970 34-117-23-31-0072 34440 13.50 0975235850 34- 117 -23 -32 -0014 35225 7.00 0550058300 34-117-23-43-0002 34440 7.00 0125060500 34- 117 -23 -43 -0023 03993 7.00 0300060700 34-117-23-43-0036 34440 7.00 0300060200 34-117-23-44-0023 34440 7.00 0100061700 34-117-23-44-0048 34440 7.00 0570227650 35- 117 -23 -11 -0074 02113 7.00 0655208800 36- 117 -23 -21 -0009 35400 7.00 0740055800 36- 117 -23 -22 -0024 35400 7.00 0655204300 36- 117 -23 -22 -0034 35448 7.00 0140055950 36- 117 -23 -31 -0005 34336 7.00 0675058900 36- 117 -23 -31 -0012 35456 7.00 0675059750 EXHIBIT E SPECIAL ASSESSMENT CERTIFICATION ROLLS MUNIC CODE 26 LEVY NO 14376 PAGE 1 OF 1 PID NO. nnnm tin Tl1TA1 oQlnlf%l0Al A ^/%Al IAIT Kl^ 30- 117 -23 -23 -0002 34915 54.62 0245043000 30- 117 -23 -32 -0013 34915 34.65 0245044000 30- 117 -23 -33 -0030 34590 1 76.58 0255045500 0 0 EXHIBIT F SPECIAL ASSESSMENT CERTIFICATION ROLLS MUNIC CODE 26 LEVY NO 14377 PID NO. ADDN NO. TOTAL PRINCIPAL ACCOUNT NO. 32- 117 -23 -34 -0008 35300 1,200.00 0160061700 32- 117 -23 -14 -0040 34420 1,200.00 0775258950 PAGE 1 OF 1 EXHIBIT G SPECIAL ASSESSMENT CERTIFICATION ROLLS MUNIC CODE 26 LEVY NO 14378 PID NO. nnnm Nn TnTel uQiKirIonI PAGE 1 OF 1 Af`f`nl IAIT Nn 33- 117 -23 -13 -0005 34420 420.00 9180056800 34- 117 -23 -43 -0023 03993 170.00 0300060700 0 0 1 • SPECIAL ASSESSMENT CERTIFICATION ROLLS LEVY NO 14379 ADDN NO. TOTAL PRINCIPAL MUNIC CODE 26 PID NO. PAGE 1 OF 1 ACCOUNT NO. 28-117-23-33-0028 35020 97.61 704525390 EXHIBIT H CITY OF SHOREWOOD ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 602 OF THE SHOREWOOD CODE OF ORDINANCES — EMERGENCY MANAGEMENT THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS AS FOLLOWS: Section 1. Chapter 602 of the Shorewood Code of Ordinances is hereby repealed and the following is adopted in its place: 602.01: POLICY AND PURPOSE Subdivision 1. Because of the existing possibility of the occurrence of disasters of unprecedented size and destruction resulting from fire, flood, tornado, blizzard, destructive winds or other natural causes, or from sabotage, hostile action, or from hazardous material mishaps of catastrophic measure or other major incidents, and in order to insure that preparations of the City will be adequate to deal with such disasters and generally, to provide for the common defense and to protect the public peace, health and safety, and to preserve the lives and property of the people of this City, it is hereby found and declared to be necessary. a) To establish a City emergency management organization responsible for City planning and preparation for emergency government operations in time of disasters. b) To provide for the exercise of necessary powers during emergencies and disasters. C) To provide for the rendering of mutual aid between the City, and other political subdivisions with respect to the carrying out of emergency preparedness functions. d) To comply with the provisions of Minnesota Statutes, Chapter 12, known as the Minnesota Emergency Management Act of 1996. e) To participate as a member of the Lake Minnetonka Regional Emergency Management, Preparedness Planning and Review Committee, review and accept its emergency plan as the City's basic plan for responses to emergencies, disasters, major incidents, mutual aid and other projects consistent with this ordinance and Minnesota Statutes, Chapter 12. �3b - ♦ AA r Om Mr. _ d_ • _� 602.02: DEFINITIONS Subdivision 1. "Emergency Management" means the preparation for and the carrying out of all emergency functions, to prevent, minimize and repair injury and damage resulting from disasters caused by fire, flood, tornado and other acts of nature, or from sabotage, hostile action, or from industrial hazardous material mishaps or other major incidents. These functions include, without limitation, fire- fighting services, police services, emergency medical services, engineering, warning services, communications, radiological, and chemical, evacuation, congregate care, emergency transportation, existing or properly assigned functions of plant protection, temporary restoration of public utility services and other functions related to civil protection, together with all other activities necessary or incidental for carrying out of the foregoing functions. Emergency management includes those activities sometimes referred to as "Civil Defense" or "Emergency Preparedness" functions. Subdivision 2. "Disaster" means a situation which creates an immediate and serious impairment to the health and safety of any person, or a situation which has resulted in or is likely to result in major loss to property, and for which traditional sources of relief and assistance within the affected area are unable to repair or prevent the injury or loss. Subdivision 3. 'Emergency" means an unforeseen combination of circumstances which calls for immediate action to respond, or prevent from developing or occurring. Subdivision 4. "Emergency Management Forces" means the total personnel resources engaged in city level emergency management functions in accordance with the provision of this resolution or any rule or order thereunder. This includes personnel from City department, authorized volunteers, and private organizations and agencies. Subdivision 5. "Emergency Management Organization" means the staff element responsible for coordinating city -level planning and preparation for disaster response. This organization provides City liaison and coordination with federal, state and local jurisdictions relative to disaster preparedness activities, major incidents, mutual aid, and other projects consistent with this ordinance and assures implementation of federal, state, county and other program requirements. Subdivision 6. "Major Incident" means any incident which exhausts local resources. 2 Subdivision 7. "Emergency Management Mutual Aid" means any disaster or major incident which requires the dispatching of city personnel, equipment or other necessary resources within or without the city limits. Subdivision 8. "Lake Minnetonka Regional Emergency Management, Preparedness Planning and Review Committee" means a committee made up of the Lake Minnetonka area emergency management directors which develops, renews and establishes a basic emergency plan, and identifies and coordinates training for member communities and reviews local plans, exercises, major incidents and disaster responses which are consistent with this ordinance. \- � m :'l i�J S�' �.l. T. R�ll f .'f��'!"_R:':'!�!"1.7�i'T�i�:TS \ 5 602.03: ESTABLISHMENT OF AN EMERGENCY MANAGEMENT ORGANIZATION Subdivision 1. There is hereby created with the City government an emergency management organization which shall be under the supervision and control of the Emergency Management Director, hereinafter called the "director ". The director shall be appointed by the City Council at its organizational meeting annually. The director shall have direct responsibility for the organization, administration and operation of the emergency preparedness organization. •• 1 I N1 1 XIM M rs lo�AWRTM 602.4: POWERS AND DUTIES OF THE DIRECTOR Subdivision 1. The director shall represent the City on any regional or state conference for emergency management. The director may develop additional mutual aid agreements with other political subdivisions of the state for reciprocal emergency management aid and assistance in an emergency too great to be dealt with unassisted, and shall present such agreements to the City for its action. Such arrangements shall be consistent with the Emergency Plan. The director shall also be the City's representative on the Lake Minnetonka Regional Emergency Management, Preparedness Planning and Review Committees. Subdivision 2. The director shall make assessments of personnel, businesses and industries, resources and facilities of the City as deemed necessary to determine their adequacy for emergency management and to plan for their most efficient use in time of an emergency, major incident or disaster. Subdivision 3. The director shall work with the City Administrator and Department Heads in preparing comprehensive emergency plan for the emergency preparedness of the City and shall present such plan to the City for its approval. When the Council has approved the plan by resolution, it shall be the duty of all City agencies and all emergency preparedness forces of the City to perform the duties and functions assigned by the plan as approved. The plan may be modified in like manner from time to time. The director shall coordinate the basic emergency management activities of the City to the end that they shall be consistent and fully integrated with the basic emergency plan of the Lake Minnetonka Regional Emergency Management, Preparedness Planning and Review Committee, and Federal and State Governments. The Director shall coordinate efforts with the City Administrator and train and work with City Staff to m aximiz e efficiency of emergency operations. Subdivision 4. In accordance with the Emergency Plan, the director shall institute such training programs, public information programs and conduct practice warning alerts and emergency exercises as may be necessary to assure prompt and effective operation of the Emergency Plan when a disaster, major incident or mutual aid occurs. Subdivision 5. The director, during an emergency, major incident or mutual aid, shall utilize the personnel, services, equipment, supplies and facilities of existing departments and agencies of the City to the maximum extent practicable. The officers and personnel of all such departments and agencies shall be, to the maximum extent practicable, cooperative with and extend such services and facilities to the Emergency Management organization. The head of each department or agency in cooperation with the director shall be responsible for the planning and programming of such emergency activities as will involve the utilization of the facilities of the department or agency. 4 Subdivision 6. The director shall, in cooperation with the existing departments and agencies affected, assist in the organizing, recruiting and training of such emergency management personnel, that may be required on a volunteer basis to carry out the emergency plans. To the extent that such emergency personnel are recruited to augment a regular department or agency for emergencies, they shall be assigned to such departments or agencies and shall be under the administration and control of said department or agency. Subdivision 7. The director shall carry out all orders, rules and regulations issued by the governing authority with reference to emergency management. Subdivision 8. The director shall prepare and submit such reports on emergency preparedness activities as may be requested by the governing authority. 602.05: LOCAL EMERGENCIES Subdivision 1. A local emergency, including a disaster, major incident or mutual aid response, may be declared by the Mayor, or their legal successors. It shall not be continued for a period in excess of three days except by or with the consent of the governing board of the political subdivision. Any order, or proclamation declaring, continuing, or terminating a local emergency shall be given prompt and general publicity and shall be filed promptly by the clerk of the local records - keeping agency of the subdivision. An emergency meeting of the City Council shall be called as soon as practical to confirm the local emergency declaration. Subdivision 2. A declaration focal emergency shall invoke necessary portions of the response and recovery aspects of applicable plans including fiscal expenditures which are consistent with this ordinance. Subdivision 3. No other jurisdictional agency or official may declare a local emergency unless expressly authorized by the agreement under which the agency functions. 602.07: EMERGENCY REGULATIONS Subdivision 1. Whenever necessary to meet a declared emergency or to prepare for such an emergency for which adequate regulations have not been adopted by the Governor or the City Council, the Council may by resolution promulgate regulations, consistent with the applicable federal or state law or regulation, respecting: the conduct of persons and the use of property during emergencies; the repair, maintenance, and safeguarding of essential public services, emergency health, fire, and safety regulation, drills, or practice periods required for preliminary training, and all other matters which are required to protect public safety, health, and welfare in declared emergencies. Subdivision 2. Every resolution of emergency regulations shall be in writing: shall be dated; shall refer to the particular emergency to which it pertains, if so limited, and shall be filed in the office of the City Administrator, which copy shall be kept posted and available for public inspection during business hours. Notice of the existence of such regulation and its availability for inspection at the Administrator's Office shall be conspicuously posted at the front of the city hall or other headquarters of the City or at such other places in the affected are as the Council shall designate in the resolution. By like resolution, the Council may modify or rescind any such regulation. 5 Subdivision 3. The City Council may rescind any such regulation by resolution at any time. If not sooner rescinded, every such regulation shall expire at the end of 30 days after its effective date or at the end of the emergency to which it relates, whichever comes first. Any resolution, rule or regulation inconsistent with an emergency regulation promulgated by the Council shall be suspended during the period of time and to the extent such conflict exists. Subdivision 4. During a declared emergency, the director is, notwithstanding any statutory or charter provision on the contrary, empowered through its governing body acting within or without the corporate limits of the City, to enter into contracts and incur obligations necessary to combat such disaster by protecting the health and safety of persons and property and providing emergency assistance to the victims of such disaster. The director may exercise such powers in the light of the exigencies of the disaster without compliance with the time - consuming procedures and formalities prescribed by law pertaining to the performance of public work, entering rental equipment agreements, purchase of supplies and materials, limitations upon tax levies, and the appropriation and expenditure of public funds including, but not limited to, publication of resolutions, publication of call for bids, provisions of personnel laws and rules, provisions relating to low bids, and requirements for budgets. 602.07: EMERGENCY MANAGEMENT A GOVERNMENTAL FUNCTION Subdivision 1. All functions thereunder and all other activities relating to emergency management are hereby declared to be governmental functions. The provisions of this section shall not affect the right of any person to receive benefits to which he would otherwise be entitled under this resolution or under the worker's compensation law, or under any pension law, nor the right of any such person to receive any benefits or compensation under any act of Congress. 602.08: PARTICIPATION IN LABOR DISPUTE OR POLITICS Subdivision 1. The emergency management organization shall not participate in any form of political activity, nor shall it be employed directly or indirectly for political purposes, nor shall it be employed in a labor dispute. The director may express professional opinions on legislative or other legal regulations consistent with the areas found in Minnesota Statutes, Chapter 12. 602.09: AUTHORIZING DISPATCH AND USE OF CITY EQUIPMENT AND SERVICES BY THE DIRECTOR IN EMERGENCY SITUATIONS (MUTUAL AID) Subdivision 1. The City finds it desirable and necessary to authorized the director to dispatch City equipment and personnel to local communities who request aid to combat their emergency, disaster, or major incident consistent with this ordinance, and Section 4, Subdivision 5. 6 Subdivision 2. The director shall evaluate the internal needs of the City, and dispatch appropriate available aid. The director shall immediately recall, order and terminate the use of any dispatched equipment and personnel when the need for their use no longer exists, or earlier, when it appears in the best interest of the City. Aid requested from outside the Lake Minnetonka Regional area, or extended local aid within the Lake Minnetonka Regional area, shall require mutual agreement between the director and the city Manager /Administrator or their designee. Subdivision 3. The director shall be fully authorized as an act of the City, and all provisions for compensation of personnel, rental of equipment, liability insurance coverage, workman's compensation insurance and all other safeguards and matters pertaining to the City, its equipment and personnel, shall apply in each case as if specifically authorized and directed at such time, whether or not the governing body or authority of the place in which the disaster, major incident, mutual aid, or other occurrence exists, has previously requested and provided for assistance and the use of equipment and personnel under a mutual protection agreement or other type protection agreement within the City. Section 2. This Ordinance shall be in full force and effect from and enter its passage and publication. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, this 24th of August, 1998. ATTEST TOM DAHLBERG, MAYOR JAMES C. HURM, CITY ADMINISTRATOR • 7 CITY OF SHOREWOOD RESOLUTION NO. 98- A RESOLUTION APPROVING PUBLICATION OF ORDINANCE NO. BY TITLE AND SUMMARY WHEREAS, on August 24, 1998, the City Council of the City of Shorewood adopted Ordinance No._, entitled "an Ordinance amending Chapter 602 - Emergency Management "; and WHEREAS, the City Attorney has prepared a summary of Ordinance No. , as follows: The amendment is a comprehensive revision of the City's policies, procedures and requirements for emergency situations. Among the significant features of the amendment are the following: 1. Establishes the purpose of the Emergency Preparedness Plan and the legal basis for said plan. 2. Identifies the warning and notification procedures to be followed. 3. Provides a personnel notification listing. 4. Identifies the Emergency Operating Center and its alternative. 5. Outlines emergency responsibility assignments. 6. Indentifies support systems and organizations. 7. Identifies responsibilities during an emergency. A COPY OF THE ENTIRE TEXT OF THE ORDINANCE IS AVAILABLE IN THE OFFICE OF THE CITY ADMINISTRATOR. NOW THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD: 1. The City Council finds that the above title and summary of Ordinance No. clearly informs the public of intent and effect of the ordinance. 2. The City Clerk is directed to publish this resolution, in lieu of publication of the entire text of Ordinance No. , pursuant to Minnesota Statutes, Section 412.191, subdivision 4. 3. The City Administrator is directed to post a copy of the entire text of Ordinance No. on the city bulletin board, beginning August 24, 1998, and ending September 24, 1998. ADOPTED by the Shorewood City Council on this 24th day of August, 1998. ATTEST TOM DAHLBERG, MAYOR JAMES C. HURM, CITY ADMINISTRATOR JBD139821 SH230 -2 V7,34- w IJ 1V.1.L 1 L' 1 UJ LLP Certified Public Accountants & Consultants a B Y ' August 6, 1998 7241 Ohms Lane Suite 200 Minneapolis, MN 55439 Honorable Mayor and City Council City of Shorewood • Shorewood, Minnesota We are pleased to confirm our understanding of the services we are to provide the City of Shorewood for the year ended December 31, 1998. We will audit the general purpose financial statements of the City of Shorewood as of and for the year ended December 31, 1998. The objective of our audit is the expression of an opinion as to whether the general purpose financial statements are fairly presented, in all material respects, in conformity with generally accepted accounting principles. Our audit will be conducted in accordance with generally accepted auditing standards and the standards for financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States, and will include tests of the accounting records of the City of Shorewood and other procedures we consider necessary to enable us to express such an opinion. If our opinion on the general purpose financial statements is other than unqualified, we will fully discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to express an opinion, we may decline to express an opinion or may not issue a report as a result of this engagement. The management of the City of Shorewood is responsible for establishing and maintaining internal control. In fulfilling this responsibility, estimates and judgments by management are required to assess the expected benefits and related costs of the controls. The objectives of internal control are to provide management with reasonable, but not absolute, assurance that assets are safeguarded against loss from unauthorized use of disposition, that transactions are executed in accordance with management's authorizations and recorded properly to permit the preparation of general purpose financial statements in accordance with generally accepted accounting principles. In planning and performing our audits, we will consider the internal control sufficient to plan the audit in order to determine the nature, timing and extent of our auditing procedures for the purpose of expressing our opinions on the City of Shorewood's general purpose financial statements. 612.835.9090 • Fax 612 3.35.3261 - - � 1 City of Shorewood August 6, 1998 s Page Two We will obtain an understanding of the design of the relevant controls and whether they have been placed in operations, and we will assess control risk. Tests of controls may be performed to test the effectiveness of certain controls that we consider relevant to preventing and detecting errors and fraud that are material to the general purpose financial statements and to preventing and detecting misstatements resulting from illegal acts and other noncompliance matters that have a direct and material effect on the general purpose financial statements. (Tests of controls are required only if control risk is assessed below the maximum level.) Our tests, if performed, will be less in scope than would be necessary to render an opinion on internal control and, accordingly, no opinion will be expressed. An audit is not designed to provide assurance on internal control or to identify reportable conditions. However, we will inform the governing body or audit committee of any matters involving internal control and its operation that we consider to be reportable conditions under standards established by the American Institute of Certified • Public Accountants. Reportable conditions involve matters coming to our attention relating to significant deficiencies in the design or operation of the internal control that, in our judgment, could adversely affect the entity's ability to record, process, summarize and report financial data consistent with the assertions of management in the general purpose financial statements. Identifying and ensuring that the City complies with laws, resolutions, contracts and agreements is the responsibility of management. As part of obtaining reasonable assurance about whether the general purpose financial statements are free of material misstatement, we will perform tests of the City's compliance with applicable laws and regulations and the provisions of contracts and agreements. However, the objective of our audit will not be to provide an opinion on overall compliance and we will not express such an opinion. Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence of inventories, and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, creditors and financial institutions. We will request written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit, we will also require certain written representations from you about the financial statements and related matters. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. We will plan and perform the audit to obtain reasonable rather than absolute assurance about whether the financial statements are free of material misstatement, whether caused by error or fraud. Because of the concept of reasonable assurance and because we will not perform a detailed examination of all transactions, there is a risk that a material misstatement may exist and not be detected by us. In addition, an audit is not designed to detect errors, fraud or other illegal acts that are immaterial to the general purpose financial statements. However, we will inform you of any material errors and any fraud that comes to our attention. We will also inform you of any other illegal acts that come to our attention, unless clearly inconsequential. Our responsibility as auditors is limited to the period covered by our audit and does not extend to matters that might arise during any later periods for which we are not engaged as auditors. ' City of Shorewood �! > August 6, 1998 Page Three Management is responsible for making all financial records and related information available to us. We understand that you will provide us with such information required for our audit and that you are responsible for the accuracy and completeness of that information. We will advise you about appropriate accounting principles and their application and will assist in the preparation of your financial statements, but the responsibility for the financial statements remains with you. That responsibility includes the establishment and maintenance of adequate records and effective internal control over financial reporting, the selection and application of accounting principles, and the safeguarding of assets. We understand that your employees will prepare all cash or other confirmations we request and will locate any invoices selected by us for testing. The workpapers for this engagement are the property of Abdo, Abdo, Eick & Meyers, LLP and constitute confidential information. Our fees for these services will be at our standard hourly rates plus out -of- pocket costs (such as report reproduction, typing, postage, travel, copies, telephone, etc.) except that we agree that our gross fee, including expenses, will not exceed $9,990. Our standard hourly rates vary according to the degree of responsibility involved and the experience level of the personnel assigned to your audit. Our invoices for these fees will be rendered each month as work progresses and are payable on presentation. The above fee is based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the audit. If significant additional time is necessary, we will discuss it with you and arrive at a new fee estimate before we incur the additional costs. Government Auditing Standards require that we provide you with a copy of our most recent quality control review report. Our 1996 peer review report accompanies this letter. • We appreciate the opportunity to be of service to the City and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us. Sincerely, ABDO, ABDO, EICK & MEYERS, LLP Certified Public Accountants �/ A/ Ao� / Steven R. McDonald, CPA ■ RESPONSE: This letter correctly sets forth the understanding of the City of Shorewood. Signature: Title: Date: City of Shorewood August 6, 1998 Page Four *I * I CITY OF SHOREWOOD COUNCIL CHAMBERS PARK COMMISSION MEETING 5755 COUNTRY CLUB ROAD TUESDAY, AUGUST 11, 1998 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 Present: Chair Puzak; Commissioners Bensman (arrived at 7:33), Dallman, Arnst, Themig and Cochran; Administrator James Hurm; Council Liaison Roger Champa and Park Planner Mark Koegler 0 Also present: Christine Lizee, Doris Lizee and Sue Dunn from the League of Women Voters Absent: Commissioner Colopoulos B . Review Agenda There were no changes to the agenda. 2. APPROVAL OF MINUTES A . Park Commission Work Session Minutes of June 23, 1998 Arnst moved, Dallman seconded to approve the minutes. Motion passed 6/0. B . Park Commission Meeting Minutes of July 14, 1998 Bensman moved, Cochran seconded to approve the minutes. Motion passed 510, with Arnst abstaining. 3. MATTERS FROM T H E FLOOR Doris Lizee of Greenwood was present to discuss Shirley Rice Memorial. She explained that the League of Women Voters has been planting flowers every summer and taking care of the flowers. She mentioned that it is hard sometimes for someone to water the plants because there is no hand source of water. She stated that they usually get the water from the pond and inquired if the City does any watering. She also mentioned that there needs to be some trimming of the trees and shrubs. The City does not water the plants now. Administrator Hurm stated that Public Works Supervisor Larry Niccum is recommending the reduction of the original garden area to about 10 feet each side of the memorial sign and removal of the old dying shrubs and trimming of the lower limbs. Administrator Hurm stated he would ask Public Works how watering could be done in a cost effective way. Commissioner Bensman inquired as to who has been taking care of the memorial. 'D /-T A PARK COMMISSION MINUTES AUGUST 11, 1998 -PAGE 2 Administrator Hurm stated Public Works and the League of Women Voters have been maintaining Shirley Rice Memorial. Commissioner Bensman mentioned that the first City Hall was also located at Manor Park and she feels a sign should be posted stating this was the location of the first City Hall. Christine Lizee pointed out the dead brush has been cleared out, but that the landscape rock needs to be removed. She suggested developing a landscape plan including perennials and annual flowers. It was suggested that Administrator Hurm make arrangements with Chris Lizee and Public Works to work with the League of Women Voters with regard to the planning and maintenance of Shirley Rice Memorial. Commissioner Bensman asked that consideration of a sign locating the first City Hall be added to the "to do list." Christine Lizee thanked the Park Commission for their donation to the Minnewashta playground. The playground equipment has been installed and is a wonderful improvement. 4. REPORTS 0 A . Status Report on "To Do List" Administrator Hurm reported that most items had been completed as of July 24. Public Works will grass seed the water trench line in August at Freeman Park. The Park Commission will need to determine if benches are still needed for the baseball field in Manor Park. The tennis court backboard at Manor Park was removed from the list and Manor Park Memorial was added. Commissioner Dallman inquired how far the garden for Shirley Rice Memorial is from electricity. He suggested buying a $25 pump with a garden hose attached to it and plug that in to pump water from the pond. Administrator Hurm will check into this possibility. B . Report on the July 22 Meeting With Surrounding Cities Regarding Skateboarding/Roller Blading Chair Puzak reported that the first Youth Coalition meeting went well. Those who attended include: Matt Pike, area church leaders, and representatives of the cities of Deephaven, Tonka Bay and Excelsior. The consensus was to build a skate park. The next meeting is scheduled for Wednesday, August 12 at which time they will discuss an agreement, prepare a vision statement and appoint a leader. A location for the skate park is still undecided, but it was felt Freeman Park would not be a good location. Chair Puzak said he talked to Tonka Bay regarding Manitou Park, or felt Badger Park might be a good option. Manor Park is a central location to other cities, but can be difficult to find. Administrator Hurm commented that Deephaven is interested in having a skate park in their city near Deephaven City Hall. Commissioner Themig said St. Louis Park is involved with other cities with regard to a moving skate park. Puzak stated that is one option the Coalition will consider. I PARK COMMISSION MINUTES AUGUST 11, 1998 -PAGE 3 5. MARK KOEGLER - REPORT ON TRAIL & PARK PLANNING PROCESS - CONSIDER AN ACTION PLAN Park Planner Mark Koegler reviewed the report on trails and parks. Koegler stated that at the visioning meeting residents indicated a high priority should be placed on parks. This was very important to people and it came out in many different ways. Parks are a favorite and very critical element of the City. Phase two, the telephone survey, conducted by Decision Resources indicated residents place a first and second priority on parks and trails. The survey indicated a strong support for a trail system with location being the key criteria. Residents did indicate their willingness to travel to a trail. Koegler stated that we were very fortunate to have seventeen people who were committed to their community on the Citizens Review Group. The first meeting of the Citizens Review Group was held July 9th. That evening the Group brainstormed mostly on trails. The Group was asked to identify issues that would need to be addressed regarding a trail system. They came up with property impact, safety (vandalism, safety for children), and concern for the impact on residents living adjacent to the trail. They discussed the planning and design phases, as well as the cost.. It was noted the current trail plan is no longer valid. The second Citizens Review Group meeting was held July 16th. The Group talked about the impact of a trail system on the community and what kinds of strategies could be used to gain support. They felt property values and taxes should be considered. Golden Valley was discussed as this was an established city that retrofitted trails. Koegler urged Group members to visit all Shorewood Parks prior to the next meeting. The third meeting was held July 23rd. Groups members discussed specific needs identified in the parks, including: open space, and children's needs. The Group urged the Park Commission to continue exploring implementation of a trail system as the community had expressed a strong interest. The Group felt the Park Commission should work with neighborhoods, get people involved, and get the story out to gain support. They felt the Park Commission is on the right track and concurred with things done so far. Koegler said the visioning session, the telephone survey and the Citizen Review Group sessions have been completed. All of these sources strongly support the desire for trails. Now the question is what do we do and what time frame do we do it in? Commissioner Amst commended Koegler on a great job summarizing the visioning session, telephone survey and Citizens Review Group discussions. Commissioner Bensman stated there seems to be overwhelming response in favor of trails in Shorewood. Koegler reported it is time for the Park Commission to meet with the City Council. Commissioner Dallman suggested Koegler report the results to the City Council. Administrator Hurm stated Koegler will work on the specifics of an updated process plan and report to the Park Commission at their next meeting prior to presenting to the Council. Commissioner Bensman stated she did not want to see the process slowed down by waiting until November to meet. Chair Puzak agreed that they move quickly so they can get input from the Council on how the Commission should proceed. 1 PARK COMMISSION MINUTES AUGUST 11, 1998 -PAGE 4 Themig moved, Cochran seconded, that the Park Commission present the results of the trail plan process to the City Council during a Work Session on September 21, 1998 and follow -up with a °formal report at the City Council meeting of September 28, 1998. Motion passed 511. Bensman opposed. 6. INITIAL DISCUSSION 1999 -2003 CIP /BUDGET Commissioner Arnst inquired about outside sources to help fund the cost of trails. Chair Puzak replied outside sources may be an option for funding. He asked Administrator Hurm to review the CIP. He will identify optional sources of funding in working with Mr. Koegler. Administrator Hurm highlighted areas included in the CIP. Commissioner Themig asked what options would be available if outside funding is not available. The balance in the City's trail fund is all the local funding set aside for trails at this time. Administrator Hurm explained the DNR, ISTEA and MSA all might be sources of funds for trails. He said he would report back at the next meeting 0 7. REVIEW RESIDENTS REQUEST FOR RECYCLING CONTAINERS AT FREEMAN PARK Chair Puzak felt this suggestions was a good idea. Administrator Hurm reported people in the area are already collecting cans from the park and there doesn't seem to be a need for an additional receptacle. Commissioner Bensman stated in this county people are required to recycle, and she felt the City should promote that attitude. Themig moved, Dallman seconded, to direct staff to investigate prices for aluminum and plastic recycling containers for the parks. Motion passed 6/0. 8. OLD BUSINESS Commissioner Arnst questioned if the City was made aware of the number of soccer games being played during their tournament in the parks. She had heard that during the recent soccer tournament games were being played on the baseball fields and that cars were parking out on Eureka Road. Council member Champa stated that parking was hard to find because of the mulch in the one parking area from the storms and very hour and fifteen minutes new people were coming. Chair Puzak stated that he and Administrator Hurm need to have a meeting with Tonka United Soccer and go over items such field usage, improvements to the soccer field and the grant received for soccer. Commissioner Themig asked about the status of the request for the purchase of a backup snowmobile. Administrator Hurm reported he is researching options. The Mayor can take this request to the Police Coordinating Committee to consider funding. 7 PARK COMMISSION MINUTES AUGUST 11, 1998 -PAGE 5 Commissioner Themig inquired when the Commission would next work on the park policy use. It was determined to schedule this in October. 9. NEW BUSINESS There was no new business. 10. ADJOURNMENT Bensman moved, Themig seconded to adjourn the meeting at 9:25 p.m. Motion passed 6/0. RESPECTFULLY SUBMITTED Twila Grout Parks Secretary a CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, AUGUST 4,1998 MINUTES 0 CALL TO ORDER Chair Borkon called the meeting to order at 7:04 p.m. ROLL CALL CITY COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. Present: Chair: Borkon; Commissioners Anderson, Bailey, Callies and Collins. Planning Director Nielsen; Attorney Daniel Greensweig. Absent: Council Liaison O'Neill. APPROVAL OF MINUTES Planning Commission Minutes - July 21, 1998 Bailey moved, Collins seconded approving the Planning Commission Minutes of July 21, 1998, as amended on Page 1 under Approval of Minutes to read "2000+ square foot prints." The motion passed 310. ( Callies and Borkon abstained). 1. 7:00 P.M. PUBLIC HEARING - ZONING CODE AMENDMENT TO INCLUDE REGULATIONS FOR ADULT USE ESTABLISHMENTS Planning Director Nielsen introduced Mr. Dan Greensweig as being the attorney that has helped the • City with the adult use ordinance. Nielsen explained that the proposed ordinance would make adult uses a permitted use in the C -3 zoning districts. The licensing and zoning restrictions within the ordinance will set the regulations within the City. Nielsen reviewed with the Commission the various C -3 zoning districts in the City and stated that due to distance restrictions in this ordinance several sites are eliminated from becoming adult use establishments. Chair Borkon asked what the City is obligated to provide for this use. Mr. Greensweig stated that the City must provide a reasonable amount of area in which an adult use can be located under the first amendment. He explained that the reasonable area is a gray area due to the City's size and population. Nielsen stated that given Shorewood's make up, the commercial district is only 5 of the land area. Bailey asked if applicants for this use could challenge the percentage of land area or minimum of space provided and distance restrictions. Mr. Greensweig stated that this is arguable but that the City's restrictions are standard. Mr. Greensweig informed the Commission that the ordinance would not control the use but rather set restrictions on their location. Nielsen explained that due to the 200 feet setback restrictions many of the sites in the City are unbuildable but that the City does attempt to provide for development in the City while protecting PLANNING COMMISSION WORK SESSION MINUTES AUGUST 4, 1998 - PAGE 2 the surrounding residential areas. Nielsen informed the Commission that the Council had reviewed the ordinance and are waiting for a recommendation from the Planning Commission. Chair Borkon opened the public hearing at 7:24 p.m. Hearing no further public testimony, Callies moved, Collins seconded closing the public hearing at 7:25 p.m. Motion passed 510. Anderson asked if the notification request process was entered into this ordinance. Nielsen stated that this was not placed in this ordinance but could be placed in the ordinance if the Commission concurs. Callies stated that the notice procedure could be made a policy by Staff and need not be included in the ordinance. Mr. Greensweig stated that as a policy this procedure could create problems for the City due to the lack of flexibility involved in this ordinance. Bailey stated that the hearing process could backfire on the City and could give residents the wrong impression. Callies stated that this is making the City go above and beyond normal procedures and that it could leave room for error. Anderson stated that as a property owner he would want to be notified if an adult use was coming into his neighborhood. Collins stated that providing this hearing could provide for setbacks in time due to public comments. Bailey moved, Callies seconded denying the public notification process as part of the Adult Use Ordinance of the Comprehensive Plan. Motion passed 4/1. (Anderson opposed). Collins moved, Bailey seconded approving the zoning code amendment to include Adult Use Establishment Ordinance as presented. Motion passed 510. i On behalf of the Commission, Collins thanked Mr. Greensweig for his work on this issue 2. SIMPLE SUBDIVISION Applicant: Tom and Karen Londo Location: 22695 Murray Street Planning Director Nielsen informed the Commission on the background of this case. He described the property of the proposed division as being almost 4 acres in size. Nielsen explained that the subdivision does not result in the removal in any trees due to the fact the lot has access to an existing roadway. He stated that tree preservation is an issue for this lot, and is considered in the conditions for approval. Nielsen recommends approval of the simple subdivision with conditions. Chair Borkon asked if the tree preservation concerns needed to be stated in the motion. Nielsen suggested that this be included in the conditions for approval. Bailey asked if the applicant is aware ft PLANNING COMMISSION WORK SESSION MINUTES AUGUST 4, 1998 - PAGE 3 of the conservation program in the City. Nielsen stated that this is not an option due to the fact that they will be moving. Collins stated that he opposed the standard addition of right -of -way. He explained that the 50 foot right -of -way is not necessary. Nielsen stated that this policy of right -of -way requirement is a City- wide policy and that when property is subdivided the City does have the right to acquire this land without having to purchase it. Nielsen stated that acquiring right -of -way is a wise decision for the City because if saves financing for the City in the long run. Chair Borkon asked how serious the City would be about revising the 17 foot right -of -way easement. Nielsen stated that the Met Council would like this amount to be less, allowing for greater density, but that the City feels this is in their best interest to maintain the 17 feet and to capture the land when subdivisions are proposed. He went on to state that in Minnesota, the right -of -way is needed for the installation of City utilities and snow storage. Collins stated that public snow is not an issue due to the fact that this can be easily solved by making public snow, private snow. Collins stated that the creation of wide right -of -ways takes away from the ambiance of the narrow City streets. Anderson moved, Callies seconded approving the simple subdivision at 22695 Murray Street for Tom and Karen Londo subject to comments and Staff recommendations. The motion passed 510. Nielsen explained this matter will come before the City Council for their review and consideration on Monday, August 24, 1998. 3. DISCUSS _FUTURE MEETING DATES, WORK PROGRAM AND CITY COUNCIL REPRESENTATION MEETING SCHEDULE Nielsen stated that several Planning Commission meeting dates need to be rescheduled due to various conflicts. Due to his absence at the August 18, 1998 work session meeting, the Commission agreed to hold the Work Session meeting on August 12, 1998. Consensus was reached between the Commission to move all meetings that fall on holidays or primaries, to the Wednesday following. The Commission then clarified that the September 15, 1998 meeting would be changed to September 16, 1998 and the November 3, 1998 meeting would be held on November 4, 1998. WORK PROGRAM Nielsen reviewed the tentative work schedule for study session meetings with the Commission. He stated that in August the Commission would attempt to finish the Transportation Chapter of the ordinance, start the Community Facilities chapter, and begin the Lakeshore Recreational District Study for Howard's Point Marina. These issues could be continued to the September meeting, if needed. It was noted that Howard's Point Marina would like to become a conforming use in the City and by amending the Lakeshore Recreational District ordinance this could happen. PLANNING COMMISSION WORK SESSION MINUTES AUGUST 4, 1998 - PAGE 4 Nielsen stated that for September, the Commission should be finishing the Community Facilities chapter, a draft amendment to the LR district and start in on the Housing Plan inventory section. He explained that this would include reviewing the background data and scheduling a public hearing. He stated the Commission also needs to adopt a telecommunications ordinance. Nielsen stated that for October, the Commission would continue with the Housing Plan, including the senior housing section, and propose a public hearing on the Lakeshore Recreational District amendment. It was noted that in November the Commission would attempt to finish the Housing Plan, including the senior housing section. Nielsen explained that after approval of this section the Comprehensive Plan would be completed and would be ready for Met Council's review. December would bring about a final draft of the Comprehensive Plan to City Council for formal adoption. The City would not be approving the plan at that time, due to the fact the City would need to gain neighborhood input on the plan. REPRESENTATION TO THE CITY COUNCIL: The Commission held a discussion on representation to the City Council meetings. It was decided that Collins would represent the Commission at the August 10th meeting and Callies would be present at the August 24th meeting. Chair Borkon stated that she would go to the September 14th and 28th meetings. Anderson volunteered to be represent the Commission at the October 12th and 26th meetings. Bailey stated that he could be at the November 9th and December 14th meetings. Callies explained that she could be present at the November 23rd meeting and Collins would take the December 28th meeting. Nielsen encouraged the members to prepare a brief summary for the Council meetings and to discuss issues with them that came out of the Planning Commission meeting. 4. MATTERS FROM TO THE FLOOR None. • 5. REPORTS Chair Borkon asked if a vicinity map could be enclosed in the meeting packet for each case. Commission concurred on this issue. Nielsen stated that Staff will be advised to include this for future meetings. Nielsen handed out the land conservation committee work to the Commission for their review. He stated that this was for their information and did not need any action taken. Nielsen briefly explained the land conservation program to the Commission and the tax implications involved for applicants. Chair Borkon asked Nielsen about the Fair Housing Seminar on September 18, 1998. Nielsen stated that if anyone was interested in attending this seminar that the City would send in the registration with a check. s PLANNING COMMISSION WORK SESSION MINUTES AUGUST 4, 1998 - PAGE 5 6. ADJOURNMENT Collins moved, Anderson seconded adjourning the meeting. Meeting adjourned at 8:40 p.m. Motion passed 510. RESPECTFULLY SUBMITTED, Heidi Wirth Recording Secretary TimeSaver Off -Site Secretarial, Inc. • r� L- CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD - SHOREWOOD, MINNESOTA 55331 -8927 - (612) 474 -3236 FAX (612) 474 -0128 - www.state.net/shorewood - cityhalI@shorewood.state.net MEMORANDUM TO: Planning Commission, Mayor and City Council FROM: Brad Nielsen 0 DATE: 30 July 1998 RE Londo, Karen — Simple Subdivision FILE NO.: 405(98.11) BACKGROUND Karen and Tom Londo have requested approval to subdivide their property, located at 22695 Murray Street (see Site Location map — Exhibit A, attached), into two lots, as shown on Exhibit B. The property contains 3.97 acres and is zoned R -1C, Single - Family Residential. The north approximately one -half of the property is also within the Shoreland District for Galpin Lake. The property has access to both Murray Street on the north and Murray Court on the west. The Londo's home and a detached garage currently occupy the property. The land is characterized by a rather dramatic drop in topography from south to north. As can be seen on Exhibit B, the elevation at the southeast corner of the site is 1050, dropping off to a wetland basin nearly one acre in size, with an elevation of approximately 984. The southern half of the property is heavily wooded. As proposed, the northerly lot will have approximately 58,745 square feet of area, exclusive of wetlands. The southerly lot will have approximately 73,900 square feet, without the wetland. ANALYSIS/RECOMMENDATION Although both of the proposed lots meet or exceed the requirements of the R- I C zoning district, there is one issue which must be resolved as part of the approval of this request. The right -of -way for Murray Street is substandard at 33 feet of width adjoining the Londo property. Since land to the north of Murray Street has been developed, the 17 feet of i 4:06 PRINTED ON RECYCLED PAPER r- Memorandum Re: Londo Subdivision 30 July 1998 right -of -way necessary to bring Murray Street up to standards must come from the south side. This will not adversely affect the size of the proposed northerly lot, nor the setback for the existing home. It is worth noting that the southerly lot is quite buildable, despite the topography of the site. There is a natural shelf in the center of the proposed lot for a building pad. The proposed subdivision, in itself, will not result in any tree removal. Consequently, it is recommended that tree preservation and reforestation be addressed with any building permit for the southerly lot. Approval of the subdivision is recommended, subject to the following conditions: 1. The applicants' surveyor must provide the following legal descriptions: a. The two proposed lots b. The wetland area on each lot c. The additional 17 feet of right -of -way for Murray Street d. Conservation easements for the required 35 -foot wetland buffer on each lot e. Drainage and utility easements, 10 feet on each side of each side and rear lot line 2. From the above descriptions, the applicants' attorney must prepare the drainage and utility easements, the wetland conservation easements and deed for the 17 feet of right -of -way for Murray Street. 3. The applicants' attorney must submit an up -to -date title opinion for the property for review by the City Attorney. 4. The applicants' surveyor must stake the 35 -foot wetland buffer and show the location of the stakes on the survey. 5. Items 1 -4 above must be completed within 30 days, after which the request will be scheduled for review by the City Council. 6. Prior to release of a resolution approving the subdivision, the applicants must pay $1000 in park dedication fees and $1000 in local sanitary sewer access charges for the new lot. Credit is given for the lot with the house on it. 7. Once the applicants have received the Council resolution approving the request, they must record it with Hennepin County within 30 days or the approval is void. Cc: Jim Hurm Larry Brown John Dean Karen Londo -2- Exhibit A SITE LOCATION MAP 2617.41 RES PROPOSED SUBDIVISION FOR TOM & KAREN LONDO IN LOTS 86 & 87, AUD. SUB. NO. 135 HENNEPIN COUNTY, MINNESOTA �'ai�aye Q,�d fy esnrfs f�,�v. )� i S freet o X10 200 s ca /� « Feet Exhibit B - . PROPOSED SUBDIVISION CITY OF SHOREWOOD ORDINANCE NO. AN ORDINANCE RELATING TO THE PUBLIC HEALTH, SAFETY, MORALS AND GENERAL WELFARE; REGULATING ADULT USE ESTABLISHMENTS AND AMENDING SHOREWOOD CITY CODE BY ADDING A NEW CHAPTER 309 AND A NEW CHAPTER 509 THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS AS FOLLOWS: Section 1. Title 300 of the Shorewood Code of Ordinances is hereby amended by adding a new • chapter as follows: CHAPTER 309 ADULT ESTABLISHMENTS 309.01: FINDINGS AND PURPOSE: Studies conducted by the Minnesota Attorney General, the American Planning Association, and cities such as St. Paul, Minnesota; Indianapolis, Indiana; Hopkins, Minnesota; Ramsey, Minnesota; Rochester, Minnesota; Phoenix, Arizona; Los Angeles, California; and Seattle, Washington have studied the impacts that adult establishments have in those communities. These studies have concluded that adult establishments have adverse impacts on the surrounding neighborhoods. These impacts include increased crime rates, lower property values, increased transiency, neighborhood blight, and potential health risks. Based on these studies and findings, the City Council concludes: • Subd. 1. Adult establishments have adverse secondary impacts of the types set forth above. Subd. 2 The adverse impacts caused by adult establishments tend to diminish if adult establishments are governed by geographic, licensing, and health requirements. Subd. 3. It is not the intent of the City Council to prohibit adult establishments from having a reasonable opportunity to locate in the city. Subd. 4 Minnesota Statutes section 462.357 and section 412.221 allow the City to adopt regulations to promote the public health, safety, morals and general welfare. Subd. 5. The public health, safety, morals and general welfare will be promoted by the city adopting regulations governing adult establishments. 1 / & � e� 309.02: DEFINITIONS: For purposes of this chapter, the following terms have the meanings given them. Subd. 1. "Adult Establishment" means: a. any business that is conducted exclusively for the patronage of adults and that excludes minors from patronage, either by operation of law or by the owners of the business, except any business licensed under Title 400 of this Code; b. any business that devotes 25% or more of its floor area (not including storerooms, stock areas, bathrooms, basements, or any portion of the business not open to the public) to or derives 25% or more of its revenues from, items, merchandise, devices or other materials distinguished or characterized by an emphasis on material depicting, exposing, simulating, describing, discussing, or relating to Specified Sexual Activities or Specified Anatomical Areas; or C. any business that engages in any Adult Use as defined in Subd. 2. of this chapter. Subd. 2. An "Adult Use" is any of the following activities or businesses: a. "Adult Body Painting Studio" means an establishment or business that provides the service of applying paint, ink, or other substance, whether transparent or non - transparent, to the body of a patron when the person is nude. b. "Adult Bookstore" means an establishment or business used for the barter, rental, or sale of items consisting of printed matter, pictures, slides, records, audio tape, videotape, or motion picture film if: (1) the business is not open to the public generally but only to one or more classes of the public, exclud- ing any minor by reason of age; or (2) 25% or more of the floor area of the business (not including storerooms, stock areas, bathrooms, basements, or any portion of the business not open to the public) is devoted to, or 25% or more of the revenue of the business is derived from, items, merchandise, or other materials distinguished or characterized by an emphasis on material depicting, exposing, describing, discussing, or relating to Specified Sexual Activities or Specified Anatomical Areas. C. "Adult Cabaret" means a business or establishment that provides dancing or other live entertainment distinguished or characterized by an emphasis on: (1) the depiction of Specified Sexual Activities or Specified Anatomical Areas; or (2) the presentation, display, or depiction of matter that seeks to evoke, arouse, or excite sexual or erotic feelings or desire. Rev. 5 -11 -98 -2- d. "Adult Companionship Establishment" means a business or establishment that excludes minors by reason of age, and that provides the service of engaging in or listening to conversation, talk, or discussion distinguished or characterized by an emphasis on Specified Sexual Activities or Specified Anatomical Areas. e. "Adult Conversation/Rap Parlor" means a business or establishment that excludes minors by reason of age, and that provides the services of engaging in or listening to conversation, talk, or discussion distinguished or characterized by an emphasis on Specified Sexual Activities or Specified Anatomical Areas. f. "Adult Health/Sport Club" means a health/sport club that excludes minors by reason of age, and that is distinguished or characterized by an emphasis on Specified Sexual Activities or Specified Anatomical Areas. • g. "Adult Hotel or Motel" means a hotel or motel that excludes minors by reason of age, and that presents material distinguished or characterized by an emphasis on matter depicting, describing, or relating to Specified Sexual Activities or Specified Anatomical Areas. h. "Adult Massage Parlor/Health Club" means a massage parlor or health club that excludes minors by reason of age, and that provides massage services distinguished or characterized by an emphasis on Specified Sexual Activities or Specified Anatomical Areas. i. "Adult Mini - Motion Picture Theater" means a business or establishment with a capacity of less than 50 persons that presents material distinguished or characterized by an emphasis on Specified Sexual Activities or Specified Anatomical Areas. j. "Adult Modeling Studio" means a business or establishment that provides figure models who, with the intent of providing sexual stimulation or sexual gratification, engage in Specified Sexual Activities or display Specified Anatomical Areas while being observed, painted, painted upon, sketched, drawn, sculptured, photographed, or otherwise depicted. k. "Adult Motion Picture Arcade" means any place to which the public is permitted or invited where coin or slug- operated or electronically, electrically, or mechanically controlled or operated still or motion picture machines, projectors, or other image - producing devices are used to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing Specified Sexual Activities or Specified Anatomical Areas. Rev. 5 -11 -98 -3- 1. "Adult Motion Picture Theater" means a motion picture theater with a capacity of 50 or more persons that as a prevailing practice excludes minors by reason of age or that as a prevailing practice presents material distinguished or characterized by an emphasis on Specified Sexual Activities or Specified Anatomical Areas for observation by patrons. M. "Adult Novelty Business" means an establishment or business that devotes 25% or more of its floor area (not including storerooms, stock areas, bathrooms, basements, or any portion of the business not open to the public) to, or derives 25% or more of its revenues from items, merchandise, or devises that either simulate Specified Sexual Activities or Specified Anatomical Areas or are designed for sexual stimulation. n. "Adult Sauna" means a sauna that excludes minors by reason of age, and that provides a steam bath or heat bathing room used for the purpose of bathing, relaxation, or reducing, if the service provided by the sauna is • distinguished or characterized by an emphasis on Specified Sexual Activities or Specified Anatomical Areas. o. "Adult Steam Room/Bathhouse Facility" means a building or portion of a building used for providing a steam bath or heat bathing room used for the purpose of pleasure, bathing, relaxation, or reducing, if the building or portion of a building restricts minors by reason of age and if the service provided by the steam room/bathhouse facility is distinguished or characterized by an emphasis on Specified Sexual Activities or Specified Anatomical Areas. Subd. 3. "Nude or Specified Anatomical Areas" means: a. Less than completely and opaquely covered human genitals, pubic regions, buttocks, anuses, or female breasts below a point immediately above the top of the areola; and b. Human male genitals in a discernibly turgid state, even if completely and opaquely covered. Subd. 4. "Specified Sexual Activities" means: a. Actual or simulated: sexual intercourse; oral copulation; anal intercourse; oral-anal copulation; bestiality; direct physical stimulation of unclothed genitals; flagellation or torture in the context of a sexual relationship; the use of excretory functions in the context of a sexual relationship; anilingus; buggery; coprophagy; coprophilia; cunnilingus; fellatio; necrophilia; pederasty; pedophilia; piquerism; sapphism; or zooerastia; b. Clearly depicted human genitals in the state of sexual stimulation, arousal, or tumescence; Rev. 5 -11 -98 -4- C. Use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation; d. Fondling or touching of nude human genitals, pubic regions, buttocks, or female breasts; e. Situations involving a person or persons, any of whom are nude, who are clad in undergarments or in sexually revealing costumes and engaged in the flagellation, torture, fettering, binding, or other physical restraint of any person; f. Erotic or lewd touching, fondling, or other sexually oriented contact with an animal by a' human being; or g. Human excretion, urination, menstruation, or vaginal or anal irrigation. • 309.03 Location. An Adult Establishment may not be located within 200 (two hundred) feet of: any residentially -zoned property boundary; or any church site, school site, day care facility, park, or within 10 (ten) feet of a business licensed under Title 400 of this Code. An Adult Establishment may not be located within 200 (two hundred) feet of another Adult Establishment. For purposes of this chapter, this distance is a horizontal measurement from the main public entrance of the Adult Establishment to: the nearest point of a residentially -zoned property boundary; the property line of a church site, school site, day care facility, park, or business licensed under Title 400 of this code; and the main public entrance of another Adult Establishment. 309.04 Hours of Operation. An Adult Establishment may not be open to the public between the hours of 10:00 p.m. and • 8:00 a.m. 309.05 Additional Conditions for Adult Cabarets. The following additional conditions apply to adult cabarets: Subd. 1 An owner, operator, or manager of an adult cabaret may not allow any dancer or other live entertainer to display Specified Anatomical Areas or to display or perform Specified Sexual Activities on the premises of the Adult Cabaret; Subd. 2 A dancer, live entertainer, performer, patron, or any other person may not display Specified Anatomical Areas in an Adult Cabaret; Subd. 3 The owner, operator, or manager of an adult cabaret must provide the following information to the city concerning any person who dances or performs live entertainment at the adult cabaret: The person's name, home address, home telephone number, date of birth, and any aliases; Rev. 5 -11 -98 -5- Subd. 4 A dancer, live entertainer, or performer may not be under 18 years old; Subd. 5 Dancing or live entertainment must occur on a platform intended for that purpose and that is raised at least two feet from the level of the floor; Subd. 6 A dancer or performer may not perform a dance or live entertainment closer than ten feet from any patron; Subd. 7 A dancer or performer may not fondle or caress any patron and no patron may fondle or caress any dancer or performer; Subd. 8 A patron may not pay or give any gratuity to any dancer or performer; and Subd. 9 A dancer or performer may not solicit or accept any pay or gratuity from any patron. • 309.06 License Required. Subd. 1 A person may not own or operate an Adult Establishment without having first secured a license as provided for in this chapter. Notwithstanding any other provision of this code to the contrary, the procedures set forth in this chapter establish the exclusive method for obtaining an adult establishment license. Subd. 2 The application for an Adult Establishment license must be submitted on a form provided by the City and must include: a. If the applicant is an individual, the name, residence, phone number, and birth date of the applicant. If the applicant is a partnership, the name, residence, phone number, and birth date of each general and limited partner. If the applicant is a corporation, the names, residences, phone numbers, and birth dates of all persons holding more than five percent of the issued and outstanding stock of the corporation; b. The name, address, phone number, and birth date of the operator and manager of the Adult Establishment, if different from the owner's; C. The address and legal description of the premises where the Adult Establishment is to be located; d. A statement detailing any gross misdemeanor or felony convictions relating to sex offenses, obscenity, or the operation of an Adult Establishment or adult business by the applicant, operator, or manager, and whether or not the applicant, operator or manager has ever applied for or held a license to operate a similar type of business in another community. In the case of a corporation, a statement detailing any felony convictions by the owners of more than five percent of the issued and outstanding stock of the corporation, and whether or not those owners have ever applied for or held a license to operate a similar type of business in another community; Rev. 5 -11 -98 -6- e. The activities and types of business to be conducted; f. The hours of operation; g. The provisions made to restrict access by minors; and h. A building plan of the premises detailing all internal operations and activities. Subd. 3 The license fee provisions for Adult Establishments are as follow: a. The annual license fee is set by Council resolution. b. An application for a license must be submitted to the City Clerk and accompanied by payment of the required license fee. Upon rejection of an application for a license, the City will refund the license fee. • C. Licenses will expire on December 31 in each year. Each license will be issued for a period of one year, except that if a portion of the license year has elapsed when the application is made, a license may be issued for the remainder of the year for a pro rated fee. In computing a pro rated fee, any unexpired fraction of a month will be counted as one month. d. No part of the fee paid by any license will be refunded, except that a pro rata portion of the fee will be refunded in the following instances upon application to the City Council within 30 days from the happening of one of the following events, provided that the event occurs more than 30 days before the expiration of the license: (i) Destruction or damage of the licensed premises by fire or other catastrophe; (ii) The licensee's illness, if such illness renders the licensee unable to continue operating the licensed Adult Establishment; (iii) The licensee's death; or (iv) A change in the legal status making it unlawful for the licensed business to continue. e. An application must contain a provision in bold print indicating that withholding information or providing false or misleading information will be grounds for denial or revocation of a license. Changes in the information provided on the application or provided during the investigation must be brought to the attention of the City Council by the applicant or licensee. If such a change takes place during the investigation, it must be reported to the police chief or the City Clerk in writing and they will report it to the City Rev. 5 -11 -98 -7- Council. A failure by an applicant or licensee to report such a change may result in a denial or revocation of a license. Subd. 4 The investigative fee for an Adult Establishment license is established by City Council resolution. Subd. 5 The procedures for granting an Adult Establishment license are as follow: a. The Chief of Police will conduct and complete an investigation within 30 days after the City Clerk receives a complete application and all license and investigative fees. b. If the application is for a renewal, the applicant will be allowed to continue business until the City Council has determined whether to renew or refuse to renew a license. . C. If, after the investigation, it appears that the applicant and the place proposed for the business are eligible for a license, then the license will be issued by the City Council within 30 days after the investigation is completed. If the City Council fails to act within 30 days after the investigation is completed, the application will be deemed approved. d. A license will be issued to the applicant only and is not transferable to another holder. Each license will be issued only for the premises described in the application. A license may not be transferred to another premise without the approval of the City Council. If the licensee is a partnership or a corporation, a change in the identity of any partner or holder of more than five percent of the issued and outstanding stock of the corporation will be deemed a transfer of the license. Adult Establishments existing at the time of the adoption of this chapter must obtain an annual license. • Subd. 6 A license will not be granted to or held by a person who: a. Is under 21 years of age; b. Who is overdue or whose spouse is overdue in payments to the city, county, or state of taxes, fees, fines or penalties assessed against them or imposed upon them; C. Who has been convicted or whose spouse has been convicted of a gross misdemeanor or felony or of violating any law of this state or local ordinance relating to sex offenses, obscenity offenses, or Adult Establishments; d. Who is not the proprietor of the establishment for which the license is issued; f. Who is residing with a person who has been denied a license by the City or Rev. 5 -11 -98 -8- any other Minnesota municipal corporation to operate an Adult Establishment, or residing with a person whose license to operate an Adult Establishment has been suspended or revoked within the preceding twelve (12) months; or g. Who has not paid the license and investigative fees required by this chapter. Subd. 7 An Adult Establishment license will not be granted for: a. Any Adult Establishment on premises where the applicant or any of its officers, agents or employees has been convicted of a violation of this article, or where a license hereunder has been revoked for cause, until one (1) year has elapsed after the conviction or revocation; b. Any Adult Establishment that is not in full compliance with the City Code and all provisions of state and federal law; or C. Any premises that are licensed under Title 400 of this code. Subd. 8 A license is subject to the provisions of this article, and of any applicable chapters of the City Code and all provisions of state and federal law. Subd. 9 Licensed premises must have the license posted in a conspicuous place at all times. Subd. 10 A minor may not be permitted on the licensed premises. Subd. 11 Any designated inspection officer of the City has the right to enter, inspect, and search the premises of a licensee during business hours. Subd. 12 The licensee is responsible for the conduct of the licensed place of business and is must maintain conditions of order. Subd. 13 Adult goods or materials may not be offered, sold, transferred, conveyed, given or bartered to a minor, or displayed in a fashion that allows them to be viewed by a minor, whether or not the minor is on the licensed premises. Subd. 14 The licensee must keep itemized written records of all transactions involving the sale or rental of all items or merchandise for at least one year after the transaction. At a minimum, those records must describe the date of the transaction, a description of the transaction, the purchase price or rental price, and a detailed description of the item or merchandise that is being purchased or rented. These written records must be provided to the City upon request. Subd. 15 Suspensions, revocations, and nonrenewals of Adult Establishment licenses are governed by the following provisions: a. A violation of this article is a basis for the suspension or revocation of a license granted hereunder. In the event that the City Council proposes to Rev. 5 -11 -98 -9- revoke or suspend the license, the licensee must be notified in writing of the basis for such proposed revocation or suspension. The Council will hold a hearing for the purpose of determining whether to revoke or suspend the license. The hearing must be within 30 days of the date of the notice. The City Council must determine whether to suspend or revoke a license within 30 days after the close of the hearing or within 60 days of the date of the notice, whichever is sooner. the Council must notify the licensee of its decision within that period. b. If the Council determines to suspend or revoke a license, the suspension or revocation is not effective until 15 days after notification of the decision to the licensee. If, within that 15 days, the licensee files and serves an action in state or federal court challenging the council's action, then the suspension or revocation is stayed until the conclusion of such action. C. If the City Council determines not to renew a license, the licensee may • continue its business for 15 days after receiving notice of such non - renewal. If the licensee files and serves an action in state or federal court within that 15 days for the purpose of determining whether the City acted properly, the licensee may continue in business until the conclusion of the action. d. If the City Council does not grant a license to an applicant, then the applicant may commence an action in state or federal court within 15 days for the purpose of determining whether the City acted properly. The applicant may not commence doing business unless the action is concluded in its favor. Section 2 . Title 500 of the Shorewood Code of Ordinances is hereby amended by adding a new chapter as follows: 0 Chapter 509 PREMISES CONDUCIVE TO HIGH -RISK SEXUAL CONDUCT 509.01 Findings and Purpose Conduct. The City Council of the City of Shorewood makes the following findings regarding the need to regulate commercial premises, buildings, and structures that are conducive to the spread of communicable disease of danger to persons in order to further the substantial interest of public health: Subd. 1. The experience of other cities establishes that certain commercial premises, buildings, and structures, or parts thereof, by reason of the design and use of such premises, buildings, or structures are conducive to the spread of communicable disease of danger to persons frequenting such premises, buildings, or structures, as well as to the general public, and that the risk of spreading infectious and contagious diseases can be minimized by regulating such commercial premises, buildings, and structures. Rev. 5 -11 -98 -10- Subd. 2. The experience of other cities where such commercial premises, buildings, and structures are present indicates that the risk of spreading the sexually transmittable disease of Acquired Immune Deficiency Syndrome (AIDS) is increased by the presence of such premises, buildings, and structures, because the design or use of such premises, buildings, and structures, or parts thereof can facilitate high -risk sexual conduct. Subd. 3. Medical publications of the Center for Disease Control of the United States Department of Health and Human Services indicate that the sexually transmittable disease of AIDS is currently irreversible and uniformly fatal. Medical research has further established that the risk factors for obtaining or spreading AIDS are associated with high risk sexual conduct. Subd. 4. Certain commercial premises, buildings, and structures, or parts thereof, by reason of their design and use, are conducive to high -risk sexual conduct and hence the spread of communicable disease, and that the risk of spreading infectious and contagious diseases can be minimized by regulating these commercial premises, buildings, and structures. Subd. 5. The public health, safety, morals and general welfare will be promoted by the City adopting regulations governing commercial premises, buildings, and structures conduce to high -risk sexual conduct. Subd. 6. The purpose of these regulations is to prescribe regulations governing commercial premises, buildings, and structures that are conducive, by virtue of design and use, to high -risk sexual conduct which can result in the spread of sexually transmitted diseases to persons frequenting such premises, buildings, and structures. 509.02 Definitions. is For purposes of this chapter, the following terms have the meanings given them. Subd. 1. 'Booths, stalls, or partitioned portions of a room or individual room" means (i) enclosures specifically offered to persons for a fee or as an incident to performing high -risk sexual conduct, or (ii) enclosures which are part of a business operated on the premises which offers movies or other entertainment to be viewed within the enclosure, including enclosures wherein movies or other entertainment is dispensed for a fee, but does not include enclosures that are private offices used by the owners, managers or persons employed by the premises for attending to the tasks of their employment, and which are not held out to the public or members of the establishment for hire or for a fee or for the purpose of viewing movies or other entertainment for a fee, and are not open to any persons other than employees. Subd. 2. "Doors, curtains or portal partitions" means full, complete, non - transparent closure devices through which one cannot see or view activity taking place within the enclosure. Rev. 5 -11 -98 -11- Subd. 3. "Hazardous site" means any commercial premises, building or structure, or any part thereof, which is a site of high -risk sexual conduct as defined herein. Subd. 4. "High -risk sexual conduct" means (i) fellatio; (ii) anal intercourse; or (iii) vaginal intercourse with persons who engage in sexual acts in exchange for money. Subd. 5. "Open to an adjacent public room so that the area inside is visible to persons in the adjacent public room" means either the absence of any entire "door, curtain or portal partition" or a door or other device which is made of clear, transparent material such as glass, plexiglass or other similar material meeting building code and safety standards, which permits the activity inside the enclosure to be entirely viewed or seen by persons outside the enclosure. Subd. 6. "Public health official" means an agent or employee of the city, county, or state charged with the enforcement of the state or local health laws. . 509.03 Public Health Regulations. Subd. 1. A commercial building, structure, premises or part thereof, or facilities therein may not be constructed, used, designed or operated in the city for the purpose of engaging in, or permitting persons to engage in, sexual activities which include high -risk sexual conduct. Subd. 2. It is unlawful to own, operate, manage, rent, lease, or exercise control of a commercial building, structure, premises, or portion or part thereof in the city, that contains: a. Partitions between subdivisions of a room, portion or part of a building, structure or premises having an aperture which is designed or constructed to facilitate sexual activity, including but not limited to vaginal intercourse, anal intercourse, or fellatio, between persons on either side of the partition. b. 'Booths, stalls, or partitioned portions of a room or individual room" as defined herein which have "doors, curtains or portal partitions" as defined herein unless the booths, stalls or partitioned portions of a room or individual room have at least one side open to an adjacent public room so that the area inside is visible to persons in the adjacent public room as defined herein. Booths, stalls or partitioned portions of a room or individual room that are so open to an adjacent public room must be lighted in a manner that the persons in the area used for viewing motion pictures or other forms of entertainment are visible from the adjacent public rooms, but such lighting need not be of such intensity as to prevent the viewing of the motion pictures or other offered entertainment. 509.04 Exceptions. The regulations set forth in this chapter do not apply to premises, buildings, or structures that are lawfully operating and licensed as hotels, motels, apartment complexes, condominiums, Rev. 5 -11 -98 iIPA townhomes, or boarding houses which are subject to other general health and sanitation requirements under state and local law. 509.05 Health Enforcement Powers. Subd. 1. In exercising powers conferred by this or any other chapter of this code relating to communicable diseases, the Public Health Official is to be guided by the most recent instructions, opinions and guidelines of the Center for Disease Control of the United States Department of Health and Human Services that relate to the spread of infectious diseases. Subd. 2. In order to ascertain the source of infection and reduce its spread, the Public Health Official, and persons under the Public Health Official's direction and control, may inspect or cause to be inspected, and to issue orders regarding any commercial building, structure or premises, or any part thereof, that may be a site of high -risk sexual conduct. If the Public Health Official determines that a hazardous site as defined herein exists, the Public Health Official will declare it to be a public health hazard and public health nuisance and will: a. Notify the manager, owner, or tenant of the hazardous site that the Public Health Official has reasonable belief that the premises, building or structure is a hazardous site as defined herein, b. Issue two written warnings at least ten days apart to the manager, owner, or tenant of the premises stating the specific reasons for the Public Health Official's opinion that the premises, building, or structure is a hazardous site as defined herein, C. Once such notices and warnings have been issued, the Public Health Official must proceed as follows: • (i) After the manager, owner or tenant of the P remises has been notified in writing as to the basis of the Public Health Official's determination, the manager, owner or tenant will have ten days from the date of the last warning to request a hearing before the Public Health Official or the Public Health Official's appointee for the determination as to the existence of such hazardous site. If the manager, owner or tenant of the premises does not request a hearing within ten days of the date of the last warning notice, the Public Health Official will then cause the premises to be posted with a warning advising the public that the premises have been declared a hazardous site and the Public Health Official will cause orders to be issued to the manager, owner or tenant of the premises constituting the hazardous site to take specified corrective measures to prevent high -risk sexual conduct from taking place within the premises. Rev. 5 -11 -98 -13- r (ii) If the manager, owner, or tenant of the premises requests a hearing, the hearing will be held before the Public Health Official or the Public Health Official's appointee at a date not more than 30 days after demand for a hearing. After considering all evidence, the Public Health Official or the Public Health Official's appointee will make a determination as to whether the premises constitute a hazardous site, as defined herein and issue a decision based upon all hearing evidence presented. If the Public Health Official or the Public Health Official's appointee makes a determination that the premises constitute a hazardous site, the Public Health Official will then issue orders to the manager, owner, or tenant of the premises to take corrective measures to prevent high -risk sexual conduct from taking place within the premises and cause the premises to be posted with a warning advising the public that the premises have been declared a hazardous site. (iii) ` If, within 30 days after issuance of the orders to the manager, owner, or tenant of the hazardous site, the Public Health Official determines that such corrective measures have not been undertaken, the Public Health Official: may order the abatement of the hazardous site as a public nuisance, which may be enforced by mandatory or prohibitory injunction in a court of competent jurisdiction; or, may secure a court order for the closure of the premises constituting the hazardous site until the premises, building, or structure is in compliance with all provisions of this code. 509.06 Criminal Penalties. A person violating any provision of this article or any person who removes, destroys or defaces warnings posted on premises by the Public Health Official pursuant to this chapter shall be guilty of a misdemeanor. Section 3 . This ordinance shall take effect on the day following its publication. Adopted this day of , 1998. Tom Dahlberg, Mayor ATTEST: James C. Hurm, City Administrator /Clerk Rev. 5 -11 -98 -14- N . 470 Pillsbury Center 200 South Sixth Street Minneapolis MN 55402 (612) 337 -9300 telephone (612) 337 -9310 fax e -mail: arrys @kennedy- graven.com VA14ML J. %sXEr,1vaVVr 1%3 Attorney at Law (612) 337 -9231 dgreesnweig@kennedy-graven.com August 19, 1998 Mayor and Councilmembers City of Shorewood 5755 Country Club Road Shorewood, MN 55331 I have been asked to provide a brief response to an issue arising from the city's consideration of an adult use ordinance. Specifically, a question has been raised concerning the implications of access by minors to pornographic internet sites when that access occurs at a place such as a library or coffeehouse that is not intended as and that does not fall within the proposed ordinance's definition of an "adult establishment." The intersection of the internet with the first amendment has proven to be a particularly difficult one to maneuver for Congress, legislatures, and the courts. As you may be aware, a number of local library systems are currently wrestling with the problem. Furthermore, Congress has so far found it virtually impossible to craft internet "decency" laws that satisfy judicial concerns about impermissible restrictions on speech. The city's particular question differs somewhat from Congress's in that it involves providers of computer hardware, software, and internet access, rather than providers of objectionable content. Nevertheless, a full evaluation of the city's options in this regard would require a substantial and costly amount of legal research, would place the city on the cutting edge of regulation in this area, and could lead the city into expensive and uncertain litigation. While our office could craft an appropriate regulation, I am reluctant to undertake something of this scope without specific direction from the council. Furthermore, there is a state statute, a copy of which is enclosed, that makes it unlawful "for any person commercially and knowingly to exhibit or display any material which is harmful to minors in its content in any place of public accommodation where minors are or may be present and where minors are able to view the material . . . ." Minnesota Statutes, Section 617.293. My recommendation is that the city rely on this statute, and the county attorney's responsibility for prosecuting violations of it, instead of attempting to impose local regulations that may very well draw a lawsuit from civil liberties groups and, perhaps, library associations. The city can of course always adopt additional regulations in the future if this approach becomes unsatisfactory. JMS- 148612 MU210 -6 Kennedy Graven 470 Pillsbury Center 200 South Sixth Street Minneapolis MN 55402 (612) 337 -9300 telephone (612) 337 -9310 fax e -mail: arrys @kennedy- graven.com VA14ML J. %sXEr,1vaVVr 1%3 Attorney at Law (612) 337 -9231 dgreesnweig@kennedy-graven.com August 19, 1998 Mayor and Councilmembers City of Shorewood 5755 Country Club Road Shorewood, MN 55331 I have been asked to provide a brief response to an issue arising from the city's consideration of an adult use ordinance. Specifically, a question has been raised concerning the implications of access by minors to pornographic internet sites when that access occurs at a place such as a library or coffeehouse that is not intended as and that does not fall within the proposed ordinance's definition of an "adult establishment." The intersection of the internet with the first amendment has proven to be a particularly difficult one to maneuver for Congress, legislatures, and the courts. As you may be aware, a number of local library systems are currently wrestling with the problem. Furthermore, Congress has so far found it virtually impossible to craft internet "decency" laws that satisfy judicial concerns about impermissible restrictions on speech. The city's particular question differs somewhat from Congress's in that it involves providers of computer hardware, software, and internet access, rather than providers of objectionable content. Nevertheless, a full evaluation of the city's options in this regard would require a substantial and costly amount of legal research, would place the city on the cutting edge of regulation in this area, and could lead the city into expensive and uncertain litigation. While our office could craft an appropriate regulation, I am reluctant to undertake something of this scope without specific direction from the council. Furthermore, there is a state statute, a copy of which is enclosed, that makes it unlawful "for any person commercially and knowingly to exhibit or display any material which is harmful to minors in its content in any place of public accommodation where minors are or may be present and where minors are able to view the material . . . ." Minnesota Statutes, Section 617.293. My recommendation is that the city rely on this statute, and the county attorney's responsibility for prosecuting violations of it, instead of attempting to impose local regulations that may very well draw a lawsuit from civil liberties groups and, perhaps, library associations. The city can of course always adopt additional regulations in the future if this approach becomes unsatisfactory. JMS- 148612 MU210 -6 Page 2 If you have additional questions about this subject, would like us to perform further research, or prefer to include provisions in the city's ordinance, please let me know. • DJG138282 SH230 -16 617192 ABORTION; OBSCENM; HOUSES OF HL -FAME 302 Subd. 7. "Harmful to minors" means that quality of any description or representation, in whatever form, of nudity, sexual conduct, sexual excitement, or sadomasochistic abuse, when it: (1) predominantly appeals to the prurient, shameful or morbid interest of minors, and (2) is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors, and (3) is utterly without redeeming social importance for minors. Subd. 8. "Knowingly" means having general knowledge of, or reason to know, or a be- lief or ground for belief which warrants further inspection or inquiry or both; (1) the character and content of any material which is reasonably susceptible of ex- amination by the defendant, and (2) the age of the minor, provided however that an honest mistake shall constitute an excuse from liability hereunder if the defendant made a reasonable bona fide attempt to as- certain the true age of such minor. History: 1969 c 1071 s 2 617.293 HARMFUL MATERIALS; DISSEMINATION AND DISPLAY TO MI- NORS PROHIBITED. Subdivision 1. Dissemination. It is unlawful for any person knowingly to sell or loan for monetary consideration to a minor. (a) Any picture, photograph, drawing, sculpture, motion picture film, or similar visual representation or image of a person or portion of the human body which depicts nudity, sexu- al conduct, or sadomasochistic abuse and which is harmful to minors, or (b) Any book, pamphlet, magazine, printed matter however reproduced, or sound re- cording which contains any matter enumerated in clause (a), or which contains explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexual conduct, or sadomasochistic abuse which, taken as a whole, is harmful to minors. Subd. 2. Display. (a) It is unlawful for any person commercially and knowingly to ex- hibit or display any material which is harmful to minors in its content in any place of public accommodation where minors are or may be present and where minors are able to view the material unless each item is kept in a sealed wrapper at all times. (b) It is unlawful for any person commercially and knowingly to exhibit or display any material the cover or packaging of which, standing alone, is harmful to minors in any place of public accommodation where minors are or may be present or allowed to be present and where minors are able to view the material unless each item is blocked from view by an opaque cover. The opaque cover requirement is satisfied if those portions of the cover or packaging containing the material harmful to minors are blocked from view by an opaque cover. (c) The provisions of this subdivision do not apply to the exhibition or display of materi- als harmful to minors under circumstances where minors are not present or are not able to view the material or the material's cover or packaging. A person may comply with the re- quirements of this paragraph by (1) physically segregating the material in a manner that physically prohibits access to and view of the material by minors, (2) prominently posting at the entrance to the restricted area: "Adults only —you must be 18 to enter," and (3) enforcing the restriction. History: 1969 c 1071 s 3; 1971 c 25 s 95; 1988 c 452 s 1 617.294 EXHIBITION PROHIBITED. It is unlawful for any person knowingly to exhibit for a monetary consideration to a mi- nor or knowingly to sell to a minor an admission ticket or pass or knowingly to admit a minor, whether or not for a monetary consideration, to a place of public accommodation where there is exhibited a motion picture, show or other presentation or a play, dance, or other exhibition presented before an audience which, in whole or in part, depicts nudity, sexual conduct, or, sadomasochistic abuse and which is harmful to minors. History: 1969 c 1071 s 4; 1987 c 215 s 2 I CITY OF SHOREWOOD RESOLUTION NO. 98 -__ A RESOLUTION APPROVING PUBLICATION OF ORDINANCE NO. BY TITLE AND SUMMARY WHEREAS, on August 24`'', 1998, the City Council of the City of Shorewood adoped Ordinance No. entitled "An Ordinance Relating to the Public Health, Safety, Morals and General Welfare: Adult Establishments; Public Health; Amending Shorewood City Code by Adding a New Chapter 309; Adding a New Section 509; and Amending Shorewood Zoning Ordinance, Section 1201.22, subdivision 2 "; and WHEREAS, a summary of Ordinance No. has been prepared as follows: FINDINGS AND PURPOSE: Studies conducted by the Minnesota Attorney General, the American Planning Association, and cities such as St. Paul, Minnesota; Indianapolis, Indiana; Hopkins, Minnesota; Ramsey, Minnesota; Rochester, Minnesota; Phoenix, Arizona; Los Angeles, California; and Seattle, Washington have studied the impacts that adult establishments have in those communities. These studies have concluded that adult establishments have adverse impacts on the surrounding neighborhoods. These impacts include increased crime rates, lower property values, increased transiency, neighborhood blight, and potential health risks. Based on these studies and findings, the City Council concludes: Adult establishments have adverse secondary impacts of the types set forth above. 2. The adverse impacts caused by adult establishments tend to diminish if adult establishments are governed by geographic, licensing, and health requirements. 3. It is not the intent of the City Council to prohibit adult establishments from having a reasonable opportunity to locate in the City. 4. Minnesota Statutes Section 462.357 and Section 412.221 allow the City to adopt regulations to promote the public health, safety, morals and general welfare. 5. The public health, safety, morals and general welfare will be promoted by the City • adopting regulations governing adult establishments. A COPY OF THE ENTIRE TEXT OF THE ORDINANCE IS AVAILABLE FOR INSPECTION BY ANY PERSON AT THE OFFICE OF THE CITY CLERK. NOW THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD: 1. The City Council finds that the above title and summary of Ordinance No. clearly informs the public of intent and effect of the ordinance. 2. The City Clerk is directed to publish this resolution, in lieu of publication of the entire text of ordinance No. , pursuant to Minnesota Statutes, Section 412.191, subdivision 4. 3. The City Administrator is directed to post a copy of the entire text of Ordinance No. on the City bulletin board, beginning August 24, 1998 and ending September 24, 1998. 6 D 0- ADOPTED BY THE Shorewood City Council on this 24` day of August, 1998. I ATTEST: TOM DAHLBERG, MAYOR JAMES C. HURM, CITY ADMINISTRATOR/CLERK L i►. To: Mayor and City Council From: James C. Hurm, City Administrator Date: August 20, 1998 Re: Back -up Snowmobile for Police Department . The Park Commission concurred that it would be nice to have a good back -up snowmobile for the Police Department as recommended in the Chief's report, number of alternative funding mechanisms should be carefully considered. Before the City of Shorewood picks up an approximately $5,000 for a back -up snowmobile, the following options should be fully researched: The Fire Chief says that it is their intention at this time to upgrade their snowmobile before this winter. The Police Chief can work with him to be sure it is adequate to serve as a back -up. 2. We could approach the Police Coordinating Committee at its October 14 meeting to see if the other cities would be interested in having the Department (as opposed to the City of Shorewood) purchase the back -up machine, which could then be used to patrol in the other cities as well as function as a back -up for Shorewood. 3. Private donations could be solicited for the purpose of a back -up snowmobile. Because we do have three fairly reasonable options, we have not placed money in the preliminary budget for a back -up snowmobile. 07 Contract No. A10108 AGREEMENT THIS AGREEMENT, Made and entered into by and between the COUNTY OF HENNEPIN, a political subdivision of the State of Minnesota, hereinafter referred to as the "COUNTY", and the CITY OF a political subdivision of the State of Minnesota, hereinafter referred to as "CITY'; WHEREAS, said CITY lies wholly within the COUNTY OF HENNEPIN 0 and constitutes a separate assessment district; and WHEREAS, under such circumstances, the provisions of Minnesota Statutes, Section 273.072 and Minnesota Statutes, Section 471.59 permit the County Assessor to provide for the assessment of property; and WHEREAS, said CITY desires the COUNTY to perform certain assessments on behalf of said CITY; and WHEREAS, the COUNTY is willing to cooperate with said CITY by completing the assessment in a proper manner; NOW, THEREFORE, in consideration of the mutual covenants 0 contained herein, it is agreed as follows: 1. The COUNTY shall perform the 1999, 2000, 2001 and' 2002 property assessment for the CITY of in accordance with property assessment procedures and practices established and observed by the COUNTY, the validity and reasonableness of which are hereby acknowledged and approved by the CITY. Any such practices and procedures may be changed from time to time, by the COUNTY in its sole judgment, when good and efficient assessment procedures so require. The property assessment by the COUNTY shall be composed of those assessment services which are set forth in Exhibit A, RETURN HSNNEPIN COUNTY'S COPY r v M, attached hereto and made a part hereof by this reference, provided that the time frames set forth therein shall be considered to be approximate only. 2. All information, records, data, reports, etc. necessary to allow the COUNTY to carry out its herein responsibilities shall be furnished to the COUNTY without charge by the CITY, and the CITY agrees to cooperate in good faith with the COUNTY in carrying out the work under this Agreement. 3. The CITY agrees to furnish office space needed by the COUNTY, without charge, at appropriate places in the CITY's offices. The keys thereto shall be provided to the COUNTY. The CITY assures that such areas shall not • be unattended, during or after work of any kind by or on behalf of the CITY, in any area occupied by the COUNTY as provided herein, or if unattended, the CITY shall make certain that such areas are locked and secured. Such office space shall be sufficient in size to accommodate reasonably two (2) appraisers and any furniture placed therein. The office space shall be available for the r COUNTY's use at any and all times during the CflY's business hours, and during all such hours the COUNTY shall be provided with levels of heat, air conditioning and ventilation as are appropriate for the seasons. 4. The CITY also agrees to provide appropriate desk and office furniture as necessary, clerical and secretarial support necessary and reasonable for the carrying out of the work herein, necessary office supplies and equipment, copying machines and fax machines and their respective supplies, and telephone service to the COUNTY, all without charge to the COUNTY. 5. It shall be the responsibility of the CITY to have available at the CITY's offices each CITY working day a person who has such knowledge and skill to be able to answer routine questions pertaining to homesteads and property assessment matters and to receive, evaluate and organize homestead applications. It shall also be the responsibility of the CITY to promptly refer any (2) homestead application which needs investigation to the COUNTY. 6. In accordance with Hennepin County Affirmative Action Policy and the County Commissioners' policies against discrimination, no person shall be excluded from full employment rights or participation in or the benefits of any program, service or activity on the grounds of race, color, creed, religion, age, sex, disability, marital status, sexual orientation, public assistance status, ex- offender status or national origin; and no person who is protected by applicable Federal or State laws, rules and regulations against discrimination shall be otherwise subjected to discrimination. 4 7. It is agreed that nothing herein contained is intended or should be construed in any manner as creating or establishing the relationship of joint venturers or co- partners between the parties hereto or as constituting the CITY as the agent, representative or employee of the COUNTY for any purpose or in any manner whatsoever. Any and all personnel of CITY or other persons, while engaged in the performance of any activity under this Agreement, shall have no contractual relationship with the COUNTY and shall not be considered employees of the COUNTY and any and all claims that may or might arise under • the Workers' Compensation Act of the State of Minnesota on behalf of said personnel or other persons while so engaged, and any and all claims whatsoever on behalf of any such person or personnel arising out of employment or alleged employment including, without limitation, claims of discrimination against the CITY, its officers, agents, CITY or employees shall in no way be the responsibility of the COUNTY, and CITY shall defend, indemnify and hold the COUNTY, its officials, officers, agents, employees and duly authorized volunteers harmless from any and all such claims regardless of any determination of any pertinent tribunal, agency, board, commission or court. Such personnel or other persons shall not require nor be entitled to any (3) k compensation, rights or benefits of any kind whatsoever from the COUNTY, including, without Limitation, tenure rights, medical and hospital care, sick and vacation leave, Workers' Compensation, Re- employment Compensation, disability, severance pay and P.E.R.A. 8.A. Consistent with the specific limits, exclusions and conditions expressed in Minnesota Statutes, Chapter 466 (1996, as may be amended), CITY agrees that it will defend and hold the COUNTY, its elected officials, officers, agents, employees and duly authorized volunteers harmless from any and all liability (statutory or otherwise) claims, suits, damages, judgments, interest, costs or expenses (including reasonable attorney's fees, witness fees and disbursements incurred in the defense thereof) resulting from or caused by any act or omission of the CITY, its officers, agents, contractors, employees or duly authorized volunteers in the performance of the responsibilities providedby this Agreement. 8.13. Consistent with the specific limits, exclusions and conditions expressed in Minnesota Statutes Chapter 466 (1996, as may be amended), the COUNTY agrees to hold the CITY, its officers and employees, harmless from any and all claims and liability with respect to bodily injury or property damage to the extent the same results from any negligent act or omission of the COUNTY, its agents and employees. The CITY agrees to promptly notify the COUNTY in writing whenever the CITY receives written notification of a claim or a threat or initiation of an action arising from or relating to the subject matter of this paragraph 8.8. Nothing in the contract documents shall be construed as or (4) operate as waivers of the COUNTY's statutory or common law immunities or limitations of liability. 9. Except as otherwise provided in paragraphs 8.A. and 8.13. hereof, the COUNTY's liability hereunder shall be as follows: The COUNTY shall endeavor to perform all services called for herein in an efficient manner. The sole and exclusive remedies for any breach of this Agreement by the COUNTY and for COUNTY's liability of any kind whatsoever, including but not limited to liability for negligence with respect to the services hereunder, shall be limited to correcting diligently any deficiency in said services as is reasonably possible under the pertinent circumstances. In no event shall the COUNTY be liable for special, incidental, or consequential damages or for any business or financial loss whatsoever. 10. Neither party hereto shall be deemed to be in default of any provision of this Agreement, or for delay or failure in performance, resulting from causes beyond the reasonable control of such party, which causes shall include, 0 but are not limited to, ads of God, labor disputes, ants of dvil or military authority, fire, civil disturbance, changes in laws, ordinances or regulations which materially affect the provisions hereof, or any other causes beyond the parties' reasonable control. 11 This Agreement shall commence on August 1, 1998, and shall terminate on July 31, 2002. Either party may initiate an extension of this Agreement for a term of four (4) years by giving the other written notice of its intent to so extend no less than 150 days prior to the termination of this (5) Agreement. If the party who receives said notice of intent to extend gives written notice to the other party of its desire not to extend within 110 days prior to termination of this Agreement, this Agreement shall terminate on July 31, 2002. Nothing herein shall preclude the parties, prior to the end of this Agreement, from agreeing to extend this contract for a term of four (4) years. Any extended term hereof shall be on the same terms and conditions set forth herein. Either party may terminate this Agreement for "just cause" as determined by the Commissioner of Revenue after hearing for such a determination is held by the Commissioner of Revenue and which has been attended by representatives of COUNTY and CITY or which said representatives had a reasonable opportunity to attend, provided that after such determination, any part desiring to cancel this Agreement may do so by giving the other party no less than 120 days' written notice. If the CITY should cancel this Agreement, as above provided, before the completion of the then current property assessment by the COUNTY, the CITY agrees to defend and hold the COUNTY, its officials, officers, agents, employees and duly authorized volunteers harmless from any liability that might ensue as a result of the non - completion of a property tax assessment. • For the purpose of this Agreement, the term 'Just cause" shall mean the failure of any party hereto reasonably to perform a material responsibility arising hereunder. 12. A. - In consideration of said assessment services, the CITY agrees to pay the COUNTY the sum of ) Dollars for each assessment, provided that any payment for the current year's assessment may be increased or decreased by that amount which exceeds or is less than the COUNTY's estimated cost of appraising new construction and new parcels for the current year's assessment. The amount of any increase or (6) decrease shall be specified in the billing for the current years assessment. Any bill from the COUNTY for the current year's assessment which is received by the CITY before August 18 of the current year shall be due on September 7 of said year, provided that the CITY may elect to pay said bill before said date. Any said bill received by the CITY after August 18 shall be due no later than twenty -one (21) days after the CITY's receipt thereof. 12.8. Regarding each assessment, in addition to being subject to adjustment in the above manner, said assessment cost of may also 0 be increased by the COUNTY if (1) The COUNTY determines that any cost to the COUNTY in carrying out any aspect of this Agreement has increased, including but not limited to the following types of costs: new construction and new parcel appraisals, gasoline, postage, supplies, labor (including fringe benefits) and other types of costs, whether similar or dissimilar; and/or 2) The COUNTY reasonably determines that other costs should be included in the costs of assessment work. If the COUNTY desires to increase the assessment cost pursuant 0 to this paragraph 12(b), it shall give written notice thereof by June 15 of any year and such increase shall apply to the assessment for the calendar year next following the current calendar year. Any such notification shall specifically set forth the amount of any new construction and new parcel appraisal charges. Notwithstanding any provisions herein to the contrary, if any such increase, exclusive of any charge for the estimated costs of new construction and new parcel appraisals, exceeds ten (10°x6) percent of the amount charged for the assessment for the then current calendar year, exclusive of any charge for the estimated costs of new construction and new parcel appraisals, the CITY may cancel this Agreement by giving to the COUNTY written notice thereof, provided (7) that said cancellation notice must be received by the COUNTY not later than July 24 of the then current calendar year and said cancellation shall be effective no earlier than five (5) days after the receipt of said notice by the COUNTY and not later than July 31 of said current calendar year. Supportive records of the cost increase will be open to inspection by the CITY at such times as are mutually agreed upon by the COUNTY and CITY. Failure of the COUNTY to give the CITY a price-change notice by June 15 shall not preclude the COUNTY from giving CITY such notice after said date but prior to September 1 of any year, provided that if such price inawse exceeds said ten (10%) - all as above set forth - the CITY may cancel this Agreement if the COUNTY receives notice thereof not later than thirty -nine (39) days from the date of receipt by the CITY of any said late- price-change notice, provided further that any such cancellation shall be effective not earlier than five (5) days after COUNTY's receipt of said cancellation notice and not later thar) forty -six (46) days after the CITY's receipt of any said price- increase notice. Payment by the CITY - i 13. Any notice or demand, which may or must be given or made by a party hereto, under the terms of this Agreement or any statute or ordinance, shall be in writing and shall be sent registered or certified mail to the other party addressed as follows: (8) TO CITY: TO COUNTY: Hennepin County Administrator 2300A Government Center Minneapolis, MN 55487 • copies to: Director of Assessments Hennepin County 2103A Government Center Minneapolis, MN 55487 Assistant County Assessor Hennepin County 2103A Government Center Minneapolis, MN 55487 Any party may designate a different addressee or address at any time by giving written notice thereof as above provided. Any notice, if mailed, properly addressed, postage prepaid, registered or certified mail, shall be deemed dispatched on the registered date or that stamped on the certified m9il receipt and shall be deemed received within the second business day thereafter or when it is actually received, whichever is sooner. Any notice delivered by hand shall be deemed received upon actual delivery. 14. It is expressly understood that the obligations of the CITY under Paragraphs 7, 8, 11, and 12 hereof and the obligations of the CITY which, by their sense and context, are intended to survive the performance thereof by the CITY, shall so survive the completion of performance, termination or cancellation of this Agreemerrt. (9) IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by its duly authorized officers and delivered on its behalf, this day of 1998. COUNTY OF HENNEPIN, STATE OF MINNES TA APPROVED AS TO FORM: 8Y: Ch . irmVoffhe ountyB ?/Y 9 APPR OVED • EXE �A0 • u. _ -_ 1 The above Agrnt N Revenue this 1_ day • , - .' • 01 W hereby approved by the Commissioner of • • (10) Contract No. A10108 6 EXHIBIT A cirr o� 1. Physically inspect and revalue 25% of the real property, as required by law. C 2. Physically inspect and value all new construction, additions and renovation. 3. Conduct valuation reviews prior to Board of Review - approximate dates: March through May 15. 4. Attend Board of Review. Per Board request, make all necessary review appraisals. Approximate dates: April 1 - May 31 . 5. Keep updated field card file - current values, homestead and classification data. 6. Print, mail and post valuation notices and homestead cards. 7. Respond to taxpayers regarding assessment or appraisal problems or inquiries periodically during contract term. 8. Make divisions and combinations periodically during contract term. 9. Initiate, for the taxpayer, abatement applications periodically during contract term, as requested. 10. Make appraisals for, testify or negotiate all District Court or Tax Court filings during the contract term. 11. Post values from appraisal cards to assessment rolls. 12. As needed, per sales analysis, adjust estimated market values on those properties not physically inspected. rQ *=W* wa;An CaiWCAy as — -- AWftffWtdoc (11) t'cyment for each.assessment shall be made in the following manner: Approximately one -half (1/2) of the cost of an assessment (the amount payable being set forth in a bill sent by the COUNTY to the CITY) shall be paid by the CITY no later than the fifteenth (15) day of the December which precedes the pertinent assessment year; and the remaining portion of said cost (the amount payable being set forth in a bill sent by the COUNTY the CITY) shall be paid by the CITY no later than July 15 of e pertinent assessment year. The COUNTY may bill the CITY after the aforesaid dates and in each such case, the CITY shall pay such bill within fifteen (15) days after receipt thereof. In the event the CITY receives a bill less than fifteen (15) days before said December 15 Qx said July 15, such bill shall be paid not more then fifteen (15) days after its receipt. " 11. Any notice or demand, which may or must be given or made by a party hereto, under the terms of this Agreement or any statute or ordinance, shall be in writing and shall be sent registered or certified mail to the other party addressed as follows: CITY OF SHOREWOOD RESOLUTION NO. 98— A RESOLUTION REGARDING THE EXCELSIOR FIRE DEPARTMENT WHEREAS, the cities of Deephaven, Greenwood, Shorewood and Tonka Bay have had a tradition of excellent fire and rescue service from the Excelsior Fire Department for over one hundred years; and WHEREAS, the cities have a mutual interest in providing the highest quality service possible for all south Lake Minnetonka residents; and WHEREAS, the stability of a five year service contract is important to the department, and for the financial planning of each of the cities; and WHEREAS, the City of Deephaven has concerns that need study and deserve thoughtful consideration; and WHEREAS, the City of Shorewood has significant financial concerns due to the levy limit imposed by the State of Minnesota; and WHEREAS, the Shorewood City Council supports a thoughtful review of carefully defined Fire Department management and governance issues. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Shorewood supports the following: 1. That a five year contract be entered into with the City of Excelsior for fire and rescue service. Said contract shall be in effect from January 1, 1999 through December 31, 2003. 2. That a Special Fire Department Review Committee be established to study issues • and complete a report with recommendations to the cities by July 1, 1999. 3. That said Committee may study management and governance issues, but may not consider funding formula issues. 4. That any costs of said Committee shall be born by the cities in the same ratio as established for the 1998 budget: Deephaven 22% Excelsior 22% Greenwood 5% Shorewood 40% Tonka Bay 11% 100% M90 RESOLUTION NO. 98— Page 2 of 3 5. That on July 1, 2001, which allows a two year period for implementation following submission of the Committee report, the contract will be automatically renewed for an additional five (5) year term (through December 31, 2008), unless at least one of the contracting city councils notifies the other city councils in writing by June 30, 2001 of their intent to not renew the contract. The ensuing twelve (12) months shall be spent attempting to work out any differences and complete a five (5) year contract renewal with all partners included. Any mediation costs will be split based on the ratio established in #4, above. Should a contract not be reached by July 1, 2002 the remaining cities will commence negotiations on a new contract for service. BE IT FURTHER RESOLVED that the framework for a Special Fire Department Review Committee be as follows: Committee Purpose To carefully study and make recommendations regarding a list of issues on the management and governance of the Excelsior Fire Department heading into the twenty first century. Committee Tasks: 1. To identify and define the list of issues to be studied upon input from each of the cities. 2. To carefully consider each issue the Committee should: • Establish a reasonable research objective. • Seek input from and tap creativity of department personnel. • Conduct interviews with other fire departments. • Analyze alternatives, considering level of safety and fiscal impact. • Thoroughly discuss each alternative and recommend the best among them. • Decide on a best package of recommendations including a proposed implementation timetable. Committee Makeup: 1. Each City Council shall appoint one voting representative on the Committee. 2. Each City may appoint one non - voting technical support person who may participate and vote when the voting member is not present. 3. The Fire Chief (or a designee) and an individual with fire service experience appointed by the Excelsior City Manager shall serve as non - voting technical support. Committee Procedures and Sunset: 1. The Committee shall base its decisions on the question, "Is this good for the long term management and governance of the department as a whole ?" 2. The Committee shall establish its own rules, procedures and timetable. • F1 LJ 3. The Committee shall cease to exist on July 1, 1999. % x RESOLUTION NO. 98—. Page 3 of 3 BE IT FURTHER RESOLVED that the Shorewood City Council agrees to negotiate a five (5) year renewal agreement and execute said agreement during the month of October, 1998. BE IT FINALLY RESOLVED that each city is encouraged to pass a resolution similar to this resolution and appoint appropriate committee representation at the earliest date. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 24th day of August, 1998. ATTEST TOM DAHLBERG, MAYOR JAMES C. HURM, CITY ADMINISTRATOR • /1) CITY OF SHOREWOOD RESOLUTION NO. 98- A RESOLUTION APPROVING PLANS, SPECIFICATIONS AND ESTIMATES AND AUTHORIZING ADVERTISEMENT FOR BIDS ON EMERGENCY VEHICLE PREEMPTION DEVICES FOR THE INTERSECTIONS OF COUNTY ROAD 19 AND OLD MARKET ROAD WITH TRUNK HIGHWAY 7 WHEREAS, pursuant to Resolution 98 -28 adopted by the City Council April 13, 1998, Plans, Specifications and Estimates for the design phase of City Project 98 -03 were prepared. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Shorewood, Minnesota: 1. Plans, Specifications and Estimates were prepared by WSB and Associates, engineer for such improvement pursuant to Council Resolution 98 -28. Said plans, specifications and estimates are hereby approved and shall be filed with the City Clerk. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for 2 weeks, shall specify the work to be done, shall state that bids will be opened and considered by the Council at 10:00 a.m. on September 23, 1998, in the City Hall Council Chambers, and that no bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond, or certified check payable to the Clerk for 5 percent of the amount of each bid. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 24th day of August, 1998. ATTEST TOM DAHLBERG, MAYOR JAMES C. HURM, CITY ADMINISTRATOR #1D CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD - SHOREWOOD, MINNESOTA 55331 -8927 - (612) 474 -3236 FAX (612) 474 -0128 - www.state.net /shorewood - cityhalI@shorewood.state.net MEMORANDUM TO: Mayor and City Council James Hurm, City Administrator FROM: Larry Brown, Director of Public Works • DATE: August 19, 1998 RE: A Motion to Adopt a Resolution Approving Plans Specifications and Estimates and Authorizing Advertisement for Bids - Emergency Vehicle Preemption Devices for the Intersections of County Road 19 and Old Market Road with State Trunk Highway 7 The 1998 -2002 Capital Improvement Program lists the installation of Emergency Vehicle Preemption Devices (EVP) at the intersections of County Road 19, Old Market Road, and TH 41 with State Trunk Highway 7 (TH 7). EVP devices provides emergency vehicles preference to pass safely through signalized intersections during response to an emergency. The EVP system is activated by a transmitter within the emergency vehicle. EVP systems are currently operating at the following intersections: • Vine Hill Road and TH 7 Christmas Lake Road and TH 7 The intersections of County Road 19, Old Market Road, and TH 41, with TH 7 still need EVP systems for the entire corridor of TH 7 along Shorewood to operate properly for emergency response. Approval of the planset under consideration involves installation of EVP at the signals at County Road 19 and Old Market Road. The TH 41 installation is being proposed under a later project. Plans, specifications, and engineers estimates have been prepared and are ready for approval by the City Council. The estimated cost for construction is $17,000. This is well below what was budgeted for this project. All of the construction costs and a portion of the engineering costs are eligible for funding by State Aid. Therefore, staff is recommending approval of the plans, specifications and estimate. In addition, it is recommended that advertisement for bids be authorized for a September 23 bid opening. A resolution will be provided under separate cover n t « * PRINTED ON RECYCLED PAPER A AVS & Assoaates, Inc. August 19, 1998 Mr. Larry Brown City of Shorewood 5755 Country Club Road Shorewood, MN 55331 -8927 B.A. Mirrels=dr, P.E. 350 Westwood Lake Office 3mrA. Weiss. P.E. 8441 Wayzata Boulevard Pe= R. WtUnbring, P.E. Minneapolis, MN 55426 Donaldw. s nmu. P.E. RoaWd B. Bray, P.E. 612 -541 -4800 FAX 541 -1700 Re: Emergency Vehicle Preemption Systems TH 7 at Old Market Road TH 7 at CSAH 19 WSB Project 11I9.00 Dear Mr. Brown: Enclosed please find a copy of the 11x17 plans and specifications.For the EVP installations on TH 7 at Old Market Road and CSAH 19. Also enclosed, is a opinion of probable cost outlining the funds byl!state aid number. We have received some Mn/DOT comments for this project and are anticipating recittving the rest of the comments later this week. Based on this, the following schedule is anticipated: City Council Approves Plans and Orders Ad for Bid ........ ................... August 24 Advertisements for Bid ............................... ........ August 28- September 18 Open Bids .. ........................... ............................... September 23 City Council Awards Contract .............. ............................... September 28 Construction ......... ............................... October Based on this schedule, the EVP systems will be up and running; by November 1, 1998. We would therefore, request you add this item to the August 24, 1998 City Council Agenda for approval of plans and ordering bids for this project If you have any questions or need any additional information, please do not hesitate to give me a call at 541 -4800. Sincerely, WSB & Associat , Inc banes T. Ri P.E. Project Manager c: Don Sterna. WSB & Associates sm • 1 Infrastructure Engineers Planners tiAwrwrrntlro.o MIM -rb £0 /Z0' d 0OL 7 SZi9 ' ON I SILU MOSSU 3 ESM ": Z C 8661- 6T-9nU m n: U F- Q N � od L 3 N V N 00'0 Ol a O1 .a • Itcot No. hoomoT Spom No. lion Unll TOTAL 3AP216410-03 TH 7 SAP216111.03 Old Motel Rod SAP216420 -03 CSAH 19 Rdba led Edimded Prioe Edimled Cad Bdimdad Ediowed Cod Ed dd Edimded Cod EAimelal Qmwtir Mmded Cod 1 2665.60L EMERGENCY VEHICLE PREEMMON SYSTEM A LUMP SUM 1 S 6,000.00 S6p00.00 0.$ $3,000.00 0.1 53,000.00 2 2365.601 OENCY VEHICLE PREMWIlON SYSTEM B LUMPSUM 1 S 11,000.00 $11,000.00 0.5 65,500.00 0.3 55,500.10 GRAND TOTAL Sl ?,000.00 55,300.00 53.000.00 53.500.00 M m a 0 1 COST OPIN10two i CITIES OF iw a rid • �;l M FAj W4 :jy i T Ls] 0 t MEMENKMAMM • I EFFORT ��18 BACKGROUND The Cities of Greenwood and Shorewood had been receiving complaints of speeding vehicles on St. Albans Bay Road for some time. Previous enforcement data from the police department did not indicate a significant speeding problem in the area. However, a letter and petition were mailed to the cities and the police department in late June of 1998. (See Attachment "A "). I sent a memorandum to the cities explaining my view of the problem and explaining a bit of the past history. (See Attachment "B "). The Greenwood City Council met in early July and discussed the situation. As a result of that meeting, the police department was asked to contact the City of Shorewood to determine if they would place their radar speed trailer on the street to gather data. Secondly, once the radar speed trailer was removed, the City of Greenwood asked the South Lake Minnetonka Public Safety 40 Department to conduct a special enforcement effort on St. Albans Bay Road on random days, but during the times of 0800 - 1000 hours and 1600 - 1800 hours. The City of Shorewood City Council met on July 13, 1998. They agreed to use their radar speed trailer on St. Albans Bay Road. (See Attachment "C"). They had been given the proposed work schedule that had already been developed in response to the City of Greenwood request. They approved the schedule developed for the City of Greenwood. They also had their staff prepare and send out a letter to the area residents. (See Attachment « .7 CHIEF'S SUMMARY ` PROJECT: The City of Shorewood radar speed trailer was placed on St. Albans Bay Road the morning following the Shorewood City Council meeting. This was Tuesday, July 14, 1998 at 1101 hours. It was set to not display the speeds to passing motorists as instructed by the Shorewood City Council. The unit was left in place until Friday, July 17, 1998 at approximately 1500 hours. The report in Attachment "E" shows an ending date of Monday July 20, 1998 at 1030 hours, but that is the date and time the report was run. The unit was actually removed as noted above. The special speed enforcement effort was scheduled to last over a three week period once the radar trailer was removed: However, it was specifically scheduled so that each day of the work week would see special enforcement during each of the indicated times. This meant there would be ten two hour shifts in this special enforcement effort. In order that the entire two hours would be spent on the scene, officers would report ' /z hour early and then finish their reports in a' /2 hour period after the shift. The total time allocated to this special enforcement effort was a possible 30 hours of time and one half overtime. A memorandum was sent to the officers explaining the program and asking officers to sign up for the previously scheduled shifts. (See Attachment "F "). • RECEIVED J 3 c 1 N' ��s R'' 15 June, 1998 To: The Council Members of the Cities of Shorewood and Greenwood From: The Residents of St. Albans Bay Road 0 During the summer of 1997, a request was made of the Greenwood City Council by a Greenwood and St. Albans Bay Road resident, to address the speed levels of traffic and the lack of enforcement of the posted 25 mph speed limit on St. Albans Bay Road. The issue was brought to the South Lake Public Safety Department which initiated one week of monitoring. Officers did monitor traffic and speed daily for about one hour or less during peak driving periods. During this time frame, officers reported that the average speed of traffic was between 32 and 34 miles per hour. The officers did cite two individuals traveling in excess of 38 and 40 miles per hour respectively. Following this monitoring period, it was deemed by the South Lake Public Safety Officials, that the excessive variation from the posted speed limit appeared to be isolated and that infractions over thirty miles per hour apparently did not warrant citations. Further, the South Lake Public Safety Officials indicated that continued monitoring and enforcement in the future would be on an intermittent and time- allowing basis. A*% Given this, the residents of St. Albans Bay Road in the cities of Greenwood and Shorewood believe the following to be true: V 1. St. Albans Bay Road is a residential street with increased use by motorists, including but not limited to the residents of Greenwood and Shorewood. 2. St. Albans Bay Road appears to have become a thoroughfare to downtown Excelsior and its business district; primarily and especially during the non - winter months of the year. 3 The speed limit is currently posted at 25 miles per hour. 4. St.Albans Bay Road is also frequently utilized for pedestrian travel including bicyclists, families with young children and pets, and aging citizens of the Greenwood and Shorewood area. The residents of St. Albans. Bay Road appreciate pedestrian travel and would like to be able to encourage continued or increased pedestrian travel if the current speed patterns were- at safer levels. We also feel that the current 25 mile per hour speed limit should remain, as it is conducive to safe levels of traffic, supports the • safety of pedestrian traffic and promotes the safety of its residents. 5. The Residents of St. Albans Bay Road have personally witnessed multiple instances of speeds in excess of the posted 25 mile per hour speed limit. The following residents of St. Albans Bay Road believe that an increase in monitoring and enforcement by the South Lake Public Safety Officials is warranted, requested and expected. Furthermore, we believe that the speeding problem on St. A.3 Albans Bay Road is the responsibility of the South Lake Public Safety Department and the city councils of Shorewood and Greenwood respectively and collectively. We believe that this matter is a Public Safety issue and expect the councils to address this in the next available council meeting. The citizens of this community wish to witness the response of the elected officials taking this issue forward and for the record. NAME ADDRESS '�) n a e,-.,i A � .a • l `'f�Ca S(je� u - 1 1- - / 0 Gl! -yJ" t4 () 3 �H SI -P P �� (a11 ��,; (ZA , -, -� C) - 0 i� �•� � �7� . , mil � �-S� �..� s-4 s SAZ66� 11, V L� 7 �-1 cc P;reenwood City Shorewood City f Albans Bay Road is the responsibility of the South Lake Public Safety Department and the city councils of Shorewood and Greenwood respectively and collectively. We believe that this matter is a Public Safety issue and expect the councils to address this in the next available council meeting. The citizens of this community wish to witness the response of the elected officials taking this issue forward and for the record. 0 • �2NQ2 ST, l9 V_ 5- 110 RO 1s rzr� Il k 'M 0 54. ns , (5c wr Gf• µ; cc Greenwood City Council Shorewood City Council g. ) SOUTH LAKE MINNETONKA PUBLIC SAFETY DEPARTMENT 810 Excelsior Boulevard Excelsior, Minnesota 55331 RICHARD A. YOUNG (612) 474 -3261 Chief of Police MEMORANDUM To: Sandy Langley, City Clerk, City of Greenwood James C. Hurm, City Administrator, City of Shorewood From: Chief Rick Young Date: July 6, 1998 Subject: St. Albans Bay Road I recently received, by certified mail, a letter concerning perceived speed problems on St. Albans Bay Road. The letter was accompanied by a petition signed by residents of 16 homes out of approximately 48 homes on St. Albans Bay Road and residents of 5 other homes in the area. This is not a new request. In August of 1997, at the request of the City of Greenwood, the police department did expend extra effort to address the concerns expressed by the residents. A copy of the request letter and a copy of the results are attached. My opinion, as expressed at that time, has not changed. I would never deny that there are not some speeding vehicles on St. Albans Bay Road. This is obvious because we have issued citations for such violations. I would also have to say that there are speeders on all other roads in the city for that matter. However, I still maintain that the numbers of speeding vehicles in this location does not warrant an increased enforcement effort above and beyond normal patrols. There are many, many other roads in the two cities which have a demonstrated speeding problem far in excess of what we have found on St. Albans Bay Road. I would first like to point out that St. Albans Bay Road in the City of Greenwood appears to be posted illegally. Neither this department nor the City of Greenwood offices can find any evidence that the road has ever been approved by the State of Minnesota for the reduced speed limit of 25 MPH. Absent such approval, the statutory speed limit of 30 MPH applies. I am not aware of any officers report which states the average speed of traffic was between W 32 and 34 miles per hour. Obviously, to maintain such a high average, many, many more vehicles would have to have been exceeding the speed limit to the point of receiving a citation than we have found to be the case. In fact, the only reports I have seen would be completely opposite to that statement. The only speed study I am familiar with occurred continuously over a twenty -four hour period. That study showed 738 total vehicles (going both directions Serving South Lake Minnetonka Communities of Excelsior, Greenwood, Shorewood and Tonka Bay 0$,* Z and traveling over 6 MPH) used the street during that time period. A full 77.6% were traveling 25 MPH or less. Only 511 Oths of I% of the vehicles were traveling in excess of 35 MPH, the point at which they would receive a citation. If these vehicles were actually traveling in Greenwood, none of them would have been exceeding the speed limit enough to receive a citation. In checking my records, I do not find where officers cited two individuals for 38 and 40 MPH. We did issue citations for 38 and 39 MPH. These were to local area residents (one Greenwood and one Shorewood). The letter states that South Lake Public Safety officials deemed "that the excessive variation from the posted speed limit appeared to be isolated and that infractions over thirty miles per hour apparently did not warrant citations ". This statement is basically correct but needs further explanation. I have already mentioned in this letter my feelings on the numbers of violations. The reference to not citing persons over thirty miles per hour is based upon a department policy to not cite violators until 10 MPH over the limit. However, this is not just our department policy. It is the minimum policy of every police department I know. It is really set by the Judges because absent extremely unusual circumstances, they will not convict for anything less. Not only that, they will "hold it against" departments who clutter up their courts with such minor violations. I know this is hard for some people to accept, but it is not the police department who really sets such guidelines, it is the court (even though they would not publicly admit it). I would also urge the city not to publicize this fact. All it could do would be to increase the speeds of those persons who thought the tolerance was only 5 MPH. I believe the inclusion of false or misleading information in the petition cover letter taints the petition. I do not know if the petition would have received the same numbers of signatures had the persons been given the correct facts. However, to respond to the numbered items, I would agree with number one. However, I do not know if we have verification of increased traffic and would question what time period is being referenced. Certainly the street is not limited to residents of Greenwood and Shorewood. It is a public street open to all who want to use it, just as their residents use other streets. I can not understand the rationale for number two. It makes no sense to me that someone en route to Excelsior on Minnetonka Boulevard would go out of their way to go south on St. Albans Bay Road instead of continuing west toward Excelsior on Minnetonka Boulevard. Likewise, I can not conceive of someone traveling west on Excelsior Boulevard turning north onto St. Albans Bay Road instead of continuing west toward Excelsior on Excelsior Boulevard. I would agree with number three. However, I have already mentioned my concerns of the legality of such signs in Greenwood. 0$.'S I would agree completely with number four. In number five, beyond guesses at speeds, I do not know what form of speed measurement the residents used, but I certainly agree that there are multiple instances of vehicles traveling in excess of the posted 25 MPH speed limit. I have already addressed this issue previously in this letter. It would be my position that the volume of traffic on this street is not that high for such a street. Further, that the speeds on this street do not merit the same "extra" enforcement that other streets with a demonstrated speeding problem merit. To have an officer sit for two and one half hours on this street before they find a vehicle exceeding the speed limit, sufficient to issue a citation, would not be an appropriate use of their time on a consistent basis. This is particularly true when there are many, many other city streets which generate complaints and the officers do find citationable violations occurring at a much, much greater frequency. I would again repeat my recommendation that this street receive normal patrol. I will, however, inform the officers of this complaint and ask them to try and spend some more time in the area as their call load allows. �J August 7, 1997 South Lake Minnetonka Public Safety Department Attn: Chief Rick Young 810 Excelsior Boulevard Excelsior, MN 55331 • nrE CEfyt - 0 Au Dear Rick, This is just a follow -up to our conversation on August 6, 1997 regarding the enforcement of the 25 mph speed limit on St. Albans Bay Road. It is important to have consistent visibility especially between the hours of 6 to 9 AM and 3 to 6 PM. This complaint has been telephoned in by Bob Gould and he has talked to Shorewood as well as Deephaven Administrators. He has also contacted each of the Council members in Greenwood. I also understand you have placed the speed sign for one day along this stretch of road. I hope that we can see some consistent visibility to help solve the speed problem. Thank you for looking into this problem. If you have any further questions please give me a call at 474 -6633. • Sincerely, - 8. 199) $A Sandra R. Langley City Clerk/Administrator cc: Bob Gould Jeannie Bowers - Stead i. CITY OF GREENWOOD - 20225 Cottagewood Road - Excelsior, Minnesota 55331 - (612) 474 -4755 Public Works/ Building Inspections (612) 474 -4759 SOS SOUTH LAKE MINNETONKA PUBLIC SAFETY DEPARTMENT 810 Excelsior Boulevard Excelsior, Minnesota 55331 RICHARD A. YOUNG MEMORANDUM To: Mayor Alan Albrecht Greenwood City Council From: Chief Rick Young Date: July 1, 1998 (612) 474 -3261 Chief of Police Subject: Request for Speed Enforcement I was requested to have officers concentrate some speed enforcement o 0 St. Albans Bay Road (in the area of 4960) between the hours of 6:00 a.m. and 9:00 a.m. and also 3:00 p.m. and 6:00 p.m. I advised the officers by memorandum (see attached) of specific times I wanted the area worked, if they were free from other calls. Below are listed the results. Three times they were called away before being able to complete the hour I had requested them to work and one day they were unable to get there at all. In total, they worked five hours and eight minutes in this location. They wrote two speeding tickets in that time. 08/07 08/08 08/11 08/12 08/13 08/14 08/15 1 Hour 22 min. 30 min. 1 Hour 2 min. 0 - Tied up on 34 minutes 40 minutes 1 Hour 1 citation 39 MPH resident of Regents Walk Fastest was 32 MPH 1 citation 38 MPH resident of Minnetonka Blvd. other calls Fastest was 31 MPH no contacts no contacts The activity suggests that while there are some violations, it is not an area with outrageous and continuously flagrant disregard for the speed limit. We will continue to monitor this area as time allows. 4 Serving South Lake Minnetonka Communities of Excelsior, Greenwood, Shorewood and Tonka Bay WR N CITY OF SHOREWOOD � 5755 Country Club Road Shorewood Minnesota 55331 -8927 Tel (612) 474 -3236 Fax(612)474-0128 MEMORANDUM Transmitted via Fax Page Total TO: Richard Young, Chief of Police SLMPSD Fax 1 Pa ge 474-4477 T of al FROM: Larry Brown, Director of Public Works DATE: July 15, 1998 RE: Radar Trailer - St. Albans Bay Road As requested, the Radar unit has been placed on St. Albans Bay Road. At Monday night's City Council meeting, the Shorewood City Council directed that the radar unit be placed to record vehicle speeds, without the speed being displayed by the monitor. The Council stated that they wanted to view the traffic report without the impact of the display showing, to help determine the extent of the speeding problem. Elp 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 July 14, 1998 St. Albans Bay Road Area Resident Dear Resident: At their regular meeting of July 13, the Shorewood City Council considered a petition which you signed requesting additional enforcement in the St. Albans Bay area. Based upon comments contained in the petition and staff directions, the City Council has directed the following to happen: The Shorewood radar unit will be placed on St. Albans Bay Road the week of July 12. Over the following four to six weeks, officers will be placed along St. Albans Bay Road on an intermittent basis for several hours at a time. They will emphasize the morning and evening rush hours. Following these actions a report will be done and presented to the City Councils of Shorewood and Greenwood. We hope that these additional enforcement efforts will help to eliminate some of the traffic problems experienced in this area. Please feel free to contact us with any other concerns. Sincerely, /TTY OF SHOREWOOD ,�'7� C.gv -MV) Hurm, V City Administrator a h ♦ PRINTED ON RECYCLED PAPER ppfirr, l F" G ZS3 M M A Y F' T FR A F I __D � g 1 S 01/14/98 11:01 ENDtMM 07/20/98 10:30 FR b 7 9 - 9 - - . 10 .. 1.l 12 13 14 15 16 17 18 19 20 Q 0. 0 =. 0 0 ... 4 D` 0 2 D 0 0 0 0! 1' . 2 D 0 -.:` 0 0 0 0-. p 0 0 0 0' 0 p.; - 3.. 0 0 0 0 0 p_ 1 1 0 -0 0 1> 0 . p 4 0 _. 5 0 0 4 D D 0 0 - 1 0 0 1 2 1. 3 2 w 6 0 0 0 } 0 0 1 0 0 0 O , } } 3. b '. 7 0 '`' 4_ D 1 } 3 ... D: 0 3'. 1 3 2. 5 7 . 1 9 . 8 Q 0. 0 Q. 0 S. 4 8 1 1 7 3 8 1!` `. 10 9 p p: 0.' 0 2 3 3 2 . 0 1 3 5 :" 1. 12' 7. 10 2_ 1 4 p } 1 0 0. 1 5 3. 4 9 14. 16 11 1 0 Q 2 1 0 1 2 6 2 3 4 6 9 8 :_ 12. 0 3 2 1 0 0 0 1 1 3 4 6 10 11 18 13 0 :.' 0 1 1 0 I 2 3 7 -_ 10 5 11 22< 12 15. 14 0 0 0 1 0 0 4 2. 4 2 6 6 9 22 11. 15 0 Q 5 0 2 1 2 1 0 6 3 3 11 5 9 0 1 `` 4 Q 4 2 0 2 Q 3 1 5 b 1 16 Q D 0 0 0 4 3 i0 3 1 4 4 4 !2 . 11 .8 0 0 0 0 0 1 5 2 3 7 2 5 4 4 17 19 0 0 7 1 1 1 3 3 3 7 3 5 11 S2 13 10 0 4 1 2 1 0 3 3 4 4 5 2 13 1 9 2I 0 0 0 0 2 1 0 5 2 4 1 4 7 8 .0 Z Q 0. 0 0 0 0 0 0 1 2 1 1 3 7 6 23 1, 0 0 D. 0 0 !< 0 0 0 3 2 1 2 3.::, -Cars 4 5 24 10 11 23 M 48 40 69 58 76 9 38 1 65 1 98 Zil _ 0: 0 ! 1 2 3 4 6 • 8 1 1 13 16 22 29 37. R 21 22 23 24 . 25 26 27 ?9 30 31 ` 32 33 34 ; 0 3 1 5 4 0 1 0 1 1 0 0 0 0 0 0 1 0 0 1 2 _ 1 0 0 D 4 0 0 0 0 0 2 0 0 1 0 1 1 0 1 1 0 0 1 0 0 0 0 0 0 1 0 0 1 0 0 0 0 0 0 0 0 0 1 1 1 2 1 0 0 1 1 1 4 0 0 0` 0 5 1 2 4 4 2 1 1 0 Q 0 0 0 0 0 01". 6 4 11. 6 4 2 3 1 3 0 0 1 0 0 0.7 0 7 12 8 16 12 9 8 2 0 2 0 0 0 0 0 0 8 18 10 9 9 5 3 3 1 3 0 0 0 0 0 0 4 8 }! 7 8 ii 3 4 b 2 } } 0 0 p D i0 13' 11 11 4 13 4 1 3 4 3 0 0 2 0. 4. 11 10.: 13_ 11 19 8 8 6 4 2 1 0 0 0 1^ 0 12 12 .. 12 10 18 12 9. 7 5 1 1 0 4 -" 3- 0 0 13 18 17. 18 16: 15 3 4 7- 0 0 5 0 0.:. 0 ..., 0 14 15 15 14.. 8 4 5.. 3 .. 3 4 0 . : p p. 'p. 2 0..' 15 15 20 23 It 4. 11. - : 8 ` . 3 5 - 0 0 . 0 0 .:. 1 0-. 16 17 28 . 27;' 21 25 9 9 ::. 3 : 3 2 1 0' 0 : 0 0 17 17 23 18 26 14 16 14 5 6 } 0 1- 0.- 0:;' 0 ±. 1.8 ' 19 20 20 13 16 15 4 4 1 1 1 p }" 0 = 0'' _ 19.:_ - -_ 16_ _. }5 _ 12 15.x.. .7 - - 11.:_.. _.9.. - -- 2_ �.. 2 -Q 20 }4 17 17 11 8 6 5 2 3 2 0 0 0 4 0 21 21 12 4 12 10 3 0 0 2 0 1 0 4 0 0 22 8 2 9 5 5 5 1 1 0 0 0 2 0 D 0 23 1 2 4 4 3 0 0 0 0 0 0 0 0 0 Q Cars 243 251 249 - -'S 177 1 .2 7 7 22 5 43 W 11 4 6 4 0 Lie 47 58 b8 '8 85 90 94 96 98 98 49 99 99 99 99 � •Z # ## TRAFFIC SUMMARY Pg 2 # ## START: TUE 07/14/98 11:01 END:10 07/20/98 10 :30 A 36 - ._ 38 39 40 41 42 43-. 44 45 : . 46 47 48 49, 50: 0 0 -. 0 0 0 0 0 0 0: 0 .0 0 0 0, 0. I 0 _,' 1 ... 0' 0 0 0 Q 0 :: 0 0 ' 0' 0:- Q . Q: 0- 2 0 ':. 0 0, 0 0 0 0 m 0. 0. 0 :. Q 0 0 .- ..: 0 .. 0 0 0 0 0 0. 0 0 0. 0= .0' 0 :0 0 0 4 0 0 0 0 0 ... 0 -_ 0 0 -. , 0 O." Q 0 4 ,. Q. .,"0 . 0" 5 0 .. 0 0 0 0 0. 0 0 0 0 0. .0, _ 4 0 "` 6 0 0 . 0 0 0_ ._. 0 - 0_ 0 0 0 0 Q 0 0', 0 7 0 0 0 0 0 0. 0 0 0 0 0 0 0 0'. 0 8 0. 0 0 0 0 0 0 0; 0 0 0 0 0" 0:: 0. 9 0 0 0 0 0 0 0 0 0 0 0 0 Q 0 Q 20 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 it 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 12 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 23 2 0 0 0 0 0 0 0 0 0 0 0 0 0 4 14 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 15 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 16 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 • 17 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 28 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 29 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 20 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 21 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 22 0 0 0 0 0 0 0 0 0 0 0 0 0. 0 0 23 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 . cas 2 1 0 0 0 0 0 0 0 0 0 0 0 0 0 Xile 99 100 i00 100 100 200 100 100. 100 200 200 200 ?00' s00 i0 A 51 52 53 9 55 56 51 8 59 60 61 62 63- R 65 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 0 0 0 0 0 0 0 0 0 0 0 0 0. 0 0 3 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 • 4 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 5 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 6 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 7 0 0 0 0 0 0 0 0 0 0. 0 0 0 0 0 8 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 9 0 0 0 0 0 0 0 0 0 0 0 0 0.:_ 0 0 10 0 0 0 0 0 0 0 0 0 0 0 0 0_ 0 0 11 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 12 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 13 0 0 0 0 0 0 0 0 0 0- 0 0 0 0. 0' 14 0 0 0 0 0 0 0 0 0 0 0 0 0 ". 0 0 25 0 0 0 0 0 0- 0 0 0 0 0 0 0 0 0 16 0 0 0 0 0 0 0 0 0 0 0 0 0. 0 0 17 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 18 0 0 0 0 0 0 0 0 0 .. , 0 0 0 . 0 .. .. 0 0" 0_ _..:.__ 0._., _.0 .... _ 0___... 0___..._. 0 0 _.. 0 _...'0_ .... 0_. 0_. 0:_:..,.0_- _�___. 0_._ _._:_:.. . _..._..... 20 0 0 0 0 0 0 0 0 0 0 0 - 0.. 0 0 0 .. 21 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 22 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 23 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cars 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Xile 100 200 100 i00 1 00 200 100 100 100 200 200 200 200 100 200 # ## TRAFFIC SUMMARY START :U 07/14198 11:01 "' END: KW 07 /20198 10:30 W Total tars 0 20 2 b 3 5 _ 4 5 • r b e ;" i 7 104 _ F 9 Ill 10 126 11 128 , 12 150 13 195 : 14 144 15 149 192 _ it 1197 18 1bb 49 100 2� 19 21 109 22 59 23 2 ' Total Cars= 2440 Min speed b Ply ?,ax speed 37 11! _ . - AYa saee, 21.2 `Oth percentile= 22 !N 25th percentile= 25 Od Ten mile Dace= 18 to 28 Mrs? f T 7____')ci ,T J w z — w . _r� •+eY ..b`"�'�Sr p �'�atx'L •w,M 'c'..+ar z ;., -• � r !i SOUTH LAKE MINNETONKA PUBLIC SAFETY DEPARTMENT 810 Excelsior Boulevard Excelsior, Minnesota 55331 RICHARD A. YOUNG Chief of Police MEMORANDUM To: All From: Chief Rick Young Date: July 8, 1998 Subject: Special Speed Enforcement Effort - Sign up Sheet (612) 474 -3261 We will be using the COPS grant funds for this project. The city of Greenwood has stated they want, the street worked heavily during the hours of 0800 -1000 and 1600 -1800 on weekdays. Please use the squad #63 for this detail. Because I want officers on the scene for the entire two hour period, the overtime shifts will actually be three hours in duration (unless you are just getting off or going on regular shift, in which case it would be 2' /2 hours). This will allow up to %2 hour to prepare for the shift and %2 hour to finish reports at the end of the shift. Please make a report for each shift which will indicate each vehicle checked in the following format. Speed - time - direction - enforcement action (if any) - any other important information. Attach a copy of any enforcement contact to the report. The dates and shifts to be worked are as follows: July 20 Monday 0800-1000 ( 9, --i# July 21 Tuesday 1600-1800 July 24 Friday 0800-1000 �rL -L£i- ' July 30 Thursday 0800-1000 7A-J�) July 31 Friday 1600 = 1800 �`/ " AJ August 5 Wednesday 0800-1000 1 \ August 6 Thursday 1600-1800 August 10 Monday 1600-1800 I August 11 Tuesday 0800-1000 August 12 Wednesday 1600-1800 Serving South Lake Minnetonka Communities of Excelsior, Greenwood, Shorewood and Tonka Bay U • o ti DAILY LOG 6,01 SOUTH LAKE MINNETONKA PUBLIC SAFETY DEPARTMENT 810 Excelsior Boulevard, Excelsior, MN 55331 Date JcjC y Zo 19 48 Vehicle No. Day Mileage ,58'3 Out Time: From to /030 In Type of Detail -0kT0 tY� Total 4 ff. Signature Badge Equipment Condition: - --- Weather Condition eerov Roads Start Finish ee as Oil Battery — Radiator — ITcT All PnITCF CA u_S_ TNVFSTIGATIONS. ACCID ASSISTS, ETC BELOW Source Complaint - Time Received 0 Time Com leted A- C- Location and Type of Complaint . s Action Taken /JC13r4C -Y SI "tf0 fac c- 0 a v i Q 00 Q$ C- /D�c� A - r C- 6 7 G - /a e� — C- „ l-A A- C- - C- r A- C- C- A- C- A- C- A- A- C- A- C- A- C- — A- C- A- C- A- C- A- C- C- C- A C- • E G � _ S 1 T 0 i of 6•Z a. r If you fail to respond to this citation within 14 days, increased penalties will be assessed and a warrant may be issued for your arrest. If a warrant is issued, a penalty of $30.00 will be added to the fine. TYPE DEGREE SHADED AREA FOR ❑P T❑© .. ©M G OFFICE USE ONLY 12 MO ❑ COURT . ❑ DRIVER'S LICENSE NUMBER YEAR I MAKE I MODEL STATE 45 66 -696 A R ORDINANCE N0. �t�1 NAME• LAST. FIRST. MIDDLEIMAIDEN ADDRESS S CITY COM CODE CT. DN. ACTIVITY I SPEC AGCY Grp %� STATE I Z IP ODE V41,j 55.3-5) - DATE OF BIRTH I EYES HEIGHT WEIGHT SEX 3fUC 600 / o OATS OF OFFENSE 6 5y TIME I METER NUMBER o� 9 VEHICLE LICENSE PLATE COLOR LOCATION & CITY ST ATE YEAR I MAKE I MODEL Vii✓ � /.IC3� ��y �� o�- _ A R ORDINANCE N0. DESCRIPTION COM CODE CT. DN. ACTIVITY I SPEC AGCY HAZARDOU ENDANGER LIFE ❑ OR PROPERTY ❑ACCIDENT ❑ CONDITIONS [7 COMMER CIAL ❑ MATERIAL EADGE NUMBER OM NUMBER � MNOZ�O�irJ • OFFICER'S COPY `i°;a ------- --- $ 1 �.S 2i .. S Z-S Zs �e ZL Zq ` j cA2S G -3 AV �- — 2S. Z A" Lb 2t L�1 L4 7, ok Z 2 3i Z Z8 Z4 Zs' � 2� 23 Z2 Lb 2t L�1 � 1 SOUTH LAKE MINNETONKA PUBLIC SAFETY DEPARTMENT 810 EXCELSIOR BOULEVARD EXCELSIOR, MN 55331 RICHARD A. YOUNG (612) 474 -3261 Chief of Police FAX(612) 474 -4477 MEMORANDUM TO: Rick FROM: Al DATE: 07/21/98 REASON: St. Alban's Bay Road Traffic Detail For this detail I was backed into a driveway across from Weeks Rd. 1 ran radar from 1600 -1800 and did not observe a citable contact. The highest speed clocked was 34 mph, and there were 4 of these. Three of the 34 mph speeds were on WB St. Alban's Bay Rd., 1 mph away from a citation. The other 34 mph was on EB St. Alban's Bay Rd., 6 mph away from a citation. I have attached my list of times, directions, and speeds for your information. • 8 St_ A lbCLn : /34 Rd. r oo 8 (-� cu� X 00 5 (o At ; ( Waz 6o t 2 L1 606 W - C b3 E z'1 z7 7 0 q E Z 2 (60 W Z� 6 3 `� Lki 2 � t 70 2 � o 6 t W ZS L3 E 17a6 E 2� 6t Z� 3 � �3 7 w z- 2 - ( '-70 1 72- 6(z W `63 w Z ( "7co w 23 1 6 (3 E z [633 E 2-1 1 -10 w 23 6 ty w - L( b 3 w 17t b W Zz G l S C� L 63 Y Z (( Z� (615 E 2 6�( w 21 ( - 713 E 20 trO f 2-3 [6q( w 2 07 17 15 w .34 6( q E t 6` Z 3 - 7 ( 6 E zc AM 6lq 6 Z ( - 7(7 2: Q Z 6�t w Z � E 3t4 62-o F 2 t s w l I t dzz E - 2-1 t6�S C.� Zo t "7 (.y 3 i 6zz . E Z3 6�6 ('71 Q ' .' IE� 2 Wz E 2ie Z 2 l�Z w 3 b t6�� w S 720 w �. b �7 w 3 i ld�� w 2 t'1 zl z'1 6 �-7 Eb C5 sr f6Z� t� 2 � LS� 3 z t � 2- 1 2-2- t - 7 z L° `/ w L- ( 1. L'° J Q U Q-r- µ•3 Lty 6 ( -7q6 Lo 2- - 7c L - 7 2- C. i '72-Y -2- 5 . CLC15 - 2-5 I w 6 cccrs z '7 ( 17 3 - 73 L( W L7 5 'spte-a (73 `f (721 ( _t ? 2 q - 7 (7q 7 Lu ZZ tL Cc, '73 t4j 2 t � L(7 2-z 73 1 UJ - 3 0 73 ? I ca t '15 2 L ( S w 3 PLZA Z*(- ( 73 OJ - 2- - 7 K7 �O IC71: - 2-4 ( 17 3 - 73 L( W L7 5 'spte-a (73 `f (721 ( 2- c 5 (7 5 Z 75 Lu ZZ - 25 - L troorf- -50Q-Rl (72 I 7L7_ t4j 2- q 2-6 1 2-z (73 3 0 73 ? I ca t '15 (7clO w 3 , 1'7Lf( L 1 - 7q 2-2- (o - 3 Z- L L - 7 L ( , Iq (. w z� ( Y5 w - z� I -1 Memo To: Chief Young From: Officer Keller Date: 24 July 1998 Subject: St. Albans Bay Rd. I counted sixty cars during my two hours of monitoring St. Albans Bay Rd. The average speed of those vehicles was 25.6 mph. I issued two citations for speeding. One violator was traveling • 36mph and another was traveling 37mph. Interestingly. the driver cited for driving 37mph resides atAftSt. Albans Bay Rd. Although he didn't sign the petition requesting extra enforcement. three people who live with him did. • SOUTH LAKE MINNETONKA PUBLIC SAFETY DEPARTMENT N 43 WARNING NOTICE DIIIVER'S Ur.E NSF.NIIM — STAT 7 (� E ►If __, C ITY ST r.I C DATE OF BIRTH IN... D.V. Veen E VFS ST AT WEIGHT SEX I:OM CODE GRID ^ lli161T NAMF, - LAST. FIRST. MIIXX.EaAMDEN BADGE NUMIIEI DATE OF OFFENSE TIME -) I ZW( 8 a V LICENSE PLATE STATE EXPIRATION YEAR MAKE M STYLE COLOR -1 i i I 1 I i IF THIS BOX IS MARKED: VIOLATION MUST BE CORn ECTEO AND INSPECTED BY A POLICE orFICEO AND THIS NOTICE RETURNED TO T111S AGENCY WITHIN 7 DAYS. FAILURE TO RESPOND SHA RESULT IN THE ISSUANCE OF A CITATIO OTHER VIOLATIONS: SUBSEQUENT VIOLATIONS Fort THE SAME OFFENSE MAY RESULT IN A FORMAL CHARGE. DATE INSPECTED DEPARTMENT STATE OF MINNESOTA f t COUNTY OF DISTRICT COURT HENN EPIN I IIII II III II III II III � III II III II III II III II Iii V III II III I illl UNIFORM CITATION NO. * 3 9 8 0 0 9 8 3 8 2 The Issuing officer stales that the person named 39.80098382 below commilled the offense described M violation of the section indicated. TYPE DEGREE . SHADED AREA FOR LU ©© ®M G OFFICE USE ONLY � COURT DRIVER'S LICLNSE NUMBER f.1TY ST AT .l s ' -`J //�� ''T /IIIITTF {NIIM I:OM CODE GRID OFFICER NAMF, - LAST. FIRST. MIIXX.EaAMDEN BADGE NUMIIEI I L? a3 Co ADDRESS A CITY STT�, -rtS 84Y 5N L)kr TAT I mtj S5 3 3 I — EQUIPMENT VIOLATION WARNING VIOLATION • HEADLIGHT OR O L O SPEED O STOP SIGN • TAIL LIGHT OR O L NO INSURANCE • BRAKE LIGHT OR O L �0 LLww CHANGE OF ADDRESS t , YL'1 f • TURN SIGNAL O R O L O REGISTRATION 1 O MUFFLER O TIRES O NO DRIVER'S LICENSE O OTHER - SEE BELOW O OTHER - SEE BELOW i i I 1 I i IF THIS BOX IS MARKED: VIOLATION MUST BE CORn ECTEO AND INSPECTED BY A POLICE orFICEO AND THIS NOTICE RETURNED TO T111S AGENCY WITHIN 7 DAYS. FAILURE TO RESPOND SHA RESULT IN THE ISSUANCE OF A CITATIO OTHER VIOLATIONS: SUBSEQUENT VIOLATIONS Fort THE SAME OFFENSE MAY RESULT IN A FORMAL CHARGE. DATE INSPECTED DEPARTMENT STATE OF MINNESOTA f t COUNTY OF DISTRICT COURT HENN EPIN I IIII II III II III II III � III II III II III II III II Iii V III II III I illl UNIFORM CITATION NO. * 3 9 8 0 0 9 8 3 8 2 The Issuing officer stales that the person named 39.80098382 below commilled the offense described M violation of the section indicated. TYPE DEGREE . SHADED AREA FOR LU ©© ®M G OFFICE USE ONLY 12 MO CJ COURT DRIVER'S LICLNSE NUMBER STATE IJ COMA CODE CT DIV ACTMTY NAMF, - LAST. FIRST. MIIXX.EaAMDEN AGCY I L? a3 Co ADDRESS A CITY STT�, -rtS 84Y 5N L)kr TAT I mtj S5 3 3 UAII' IA' INI(Ilt I 011:.1 ( VMI ATIAN IUMUMAT -H DATE of OFFENSE TIME METER NUMBER 0 7 2 -`f 1 ?) o 3 VFI"C NSE PI.AIE SOME. YFAR MAKE &10X 1 AI MOM f. ()It l0(:A II N A T.IIY N V ,nlEr STATUtE OR OROROANCCNV' I O)ESCRIPTION Z 5' C Pom IJ COMA CODE CT DIV ACTMTY SPEC AGCY I L? a3 Co OR PROPERTY E ❑ ACCIDENT ❑ CONDITIONS VEHICLE UAL S MATERIAL BADGE NUMBER ORI NUMBER I — J WN D ~" j v 7 oO If you fail to respond to this citation within 14 days, Increased penalties will be assessed and a warrant may be issued for your arrest. If a warrant is issued, a Penalty of $30.00 will be added to the fine. COURT COPY DO NOT WRITE ON REVERSE I mo. NI N He 4W p19.1i I STATE OF MINNESOTA , COUNTY OF DISTRICT COURTNEPIN I IN 111111 IM I UNIFORM CITATI ON NO. * 3 9 8 0 0 9 8 3 7 4* 3980098374 The issuing olfs;er slates that the poison named below commillod the offense desi;dW M violation of the section Indicated. TYPE DEGREE SHADED AREA FOR P T© P M G OFFICE USE ONLY 12 MO COURT . LJ DRIVER'S LICENSE NUMBER gE MALE STATE jT�I ( MANE MODEt NAME - LAST. FInST MIMEIMAIDEN ADDRESS A Cl tY V to � 1 A �. ! /l,1 ^ 1LI'j nATC nr men, iAt Ili DAtEOFOffENSE ^•• METER NUMBER gE MALE S— STTATTEE f lL jT�I ( MANE MODEt LOCATION b CItY /� --' if4- 2Cv✓vv4 STATUTE OR DESCRIrTION r I• P- COM CODE CT. olv. ACTMTY SMC AOCY Q 3 c. J P 15 E:] ENDANGER OR PROPERTY E ❑ACCIDENT ❑ U VEI*CLE COMMERCIAL ❑ MATERIAL NN MS DAOOE M)MOER ORI NUMBER LZ-- M'Nr7 %. X 77 v N you fail to respond to this citation within 14 days, increased penalties will be assessed and a warrant may be Issued for your arrest. I/ a warrant is Issued, a penalty of 30.00 will be added to the fine. COURT COPY DO NOT WRITE ON REVERSE -1" H ' 07-3 - 9 V 0s00 — /00 0 1 — - - - - - -- S BOO L tc S f- i4 C b cw► - �a y R. d Fas +e 5 f" S� eect = L- / rie �;L _ . ___ g►^_ec�._�G Dow n T.�.e Speed I " r. ,� f- 4e cri hol ✓ T 1 Vv%e 4--d AD IV 09 03 : Id E -- D 21 /w o�u 3o� _- - -- 2.XI os y 3 / w 0 Z 7/ I= 1 $ 1w - -- a �s' 29/ E ) y / ,E C)917 i - 7 /w w o zz/ E oQsl -z / F 2 3 S o 4 0 0 a d I w 09S Z V E z.l 261E 24l 21/E o q 11 zo! w PIE o41 cl/w _--- - - - - -- 0 q.7-1 i 2o/ F - - -- -- x 2 . 2 /L 0 436 T P e— b'd dol Fev 0 8 2 2 C, 093 c6 Zol E 0441 2:L/ t_ 231W i k /F - - - - - -& 4.7 m41 w 0 7 -3 1-4 600 - /go 0 •' �� e .3 � 2'r / t,- e cr ;, I!C� 0 L4,$76 aq k/ 301 - ------------ 041 3? 2 O LE 2 - 71\-j 2 - 7/w 6 Li L4 2- o�4.7 04�z-s 6s-o q z ZIE L✓ C 1 44 ( -f Z i o -4 S- a ! C,/ 27/L4/ 231 04-29 La tom` rk , f, S / J .> x ZZ K. 2 t A—eci l l- ALtn- 14.0 0 s; q arl 053-? 1 2-1 k/ -71 L4 33 az/ zs 2S" _6S 1 4 - 7 L 2- 7 1W 0.93 1 Amok& 053-? 1 2-1 k/ -71 L4 33 az/ zs 2S" / v e.. 5p,:�,e3 k D -+A vt rr 5`v Ma v L e ( C, so,, s, - _ I j.uo I z Z- ot 3 a l3LA v P2-1'�I t , 03 z fZ� m� o C CT n _�� Y �- t 6 c� m c. Z D 7 �/ �?✓NG o s-r T ; 9S 3 fi x 0 5 Z 2 - 71 © S't 2 J r' L p9 >' z O ZZ Z� SZ� Jc Dye .72__�W e,17 /D C - 0 JAI _ 3 5 � o /o � J 1 21 s » J Y 6� S V G oak z ? 9SS 1�5 r I L VL z Z- ot 3 a l3LA v �s -s - ��s Duo -(o0o /'(2ve -:�� '? t-(, 2- IPPIq So 0 0 5 /G .577' /g/ Caa S $� �- L•'Z 09 U o o rs - 2- Z FY ! ` z ? 3 �� o g3 q . rvN /(o Ss z G , IJ 2G' Ovo 9 5D S R o ( S cc, v o4's 3 i 7 � 3m��•� O �sS Z (. S i wr, ,, -,, S 0 3/ !I v� G�' 0 0 L Z S �o �WA //t c_e_ O v Z � Zoo ilia O 2 -4 , ri- m L- o.2 Z ��' 95'5- r�l< 110 9 v" 2—o 0 �'o G S � � 0 9 �. I 1 FS' /4 �- ►'� L/ Zj 72- g� q CALTIC4 SrA-A P 1► wszr-s - Z� 1 23 Z-3 Cl S'3 � � Ss �� -- -- 36 -- ;�� ---------------------------- SIC -- ab 26 'Now -- - —a3 30 — - ? � t 3 z ti 3s 16 a Lill Zj 02 3 ;z 2s Q3 Sa QS CP /9 _ 7 7 - o :__, . .. .. ... ..... OS-lo-Q` 1600 - /SDO Soo0 13c. s+ . 4 L a ►s S oy P -d 0 ..% Tfw� -73 Fa t e5 �- S�ee.c =� = 3.5 _ ___ T_tm S��A T•n,e SP.zecJ��; . Lie— SP �.e�l f 0 ; v� � iw►e S�ecvt, ) 6 34 , /F' 3 Z71 I EJ 1637 .2 "L /F Z?I t .7 -3-0 2a �l Z2 /w 24 /w t l6Jt 2 `� 1_ w 2/ w 170 z4 / w 20/ _— Li 3s /_w - 1 -7_3_ 1 2 -0 - _ .2 p fw l[il Li .2 L ,✓ W 2 6/ t 7 X3 z. V w 17S t / 23 / G /` s' y z-f Z+ f c 7-r 141 V /L 171 - 44A y1_ L 33 A L 701 -- 0,0 T _y�, t 7s q mss= /r" South Lake Minnetonka Public Safety Department 0601" 810 EXCELSIOR BOULEVARD EXCELSIOR, MINNESOTA 55331.1913 RICHARD A. YOUNG (612) 474.3261 Chief of Police FAX (612) 474 -4477 M E M O R A N D U M TO: Chief Young FROM: Keller DATE: 11Aug98 RE: St. Albans Bay Rd. Traffic Enforcement Detail Please find my summary report for the St. Albans Bay Rd. speed enforcement detail on 11 Aug 98 from 0800 to 1000. 1 0 I - ' w Y• Z L'4 OD Zt 2`{ C$ ©$SS 13 w e. o c%'{3 y) L 4 w$ pQ 7. IZI vib p kb Cg 01K +of Zs L-76 O e31 Z2 LJ& o,aq 31 W; 0 45ut 2 Z t.,?Q 0 6,46 2 wo O,zy gc i. ypa"b �— 3 c, PI-V 1 o4 '45 U 2S a 06 q, - vS3 � d5J�- 2 w� O (Cl +of Zs L-76 O e31 Z2 LJ& o,aq 31 W; 0 45ut 2 Z t.,?Q 0 6,46 2 wo O,zy gc i. ypa"b �— 3 c, PI-V 1 o4 '45 U 2S Wg x,1 i L W$ 01a7 r s �. � 4 � 'f5 i +of Zs L-76 O e31 Z2 LJ& o,aq 31 W; 0 45ut c3) Zy V ,,$ a,s3L 3 t C,�, o - (q ti9 TA o958 v4 o`B OR(e �) zq w$ d344 L3 E$ oo(J 23 �j �5 Tt � S b - -°� MM —. 5�� 3Zrc,?tt cgs 2 Z t.,?Q 0 6,46 2 wo O,zy gc i. ypa"b �— 3 c, PI-V 1 1n1 C 2 � wRl U I F 2 i ti G' S rG 04t 0 15'7 c3) Zy V ,,$ a,s3L 3 t C,�, o - (q ti9 TA o958 v4 o`B OR(e �) zq w$ d344 L3 E$ oo(J 23 �j �5 Tt � S b - -°� MM —. 5�� 3Zrc,?tt cgs 2 Z t.,?Q 0 6,46 2 wo O,zy gc i. ypa"b �— 3 c, PI-V 1 1n1 C 2 � wRl U I F 2 i ti G' S rG L� . o Lf ( v, oeg g r s �. � 4 � W I bow 2 I 29 o g 2-Lt �3 ) _ -3 w & oer( ;-h ar) D�l3i - - -- 1 ? w6 0535 LeJ r0 wB aQs'`f ^�2.Efj d�38 13 Ll o I I uB - - -- 1 ? w6 0535 LeJ r0 wB aQs'`f ^�2.Efj d�38 -p. ti SOUTH LAKE MINNETONKA PUBLIC SAFETY DEPARTMENT 810 Excelsior Boulevard Excelsior, Minnesota 55331 Richard A. Young Office (612) 474 -3261 Chief of Police Fax Line (612) 474 -4477 • M- E- M- O- R- A- N -D -U -M TO: Rick Young, Chief of Police FROM: Chester Jorgenson DATE: August 12, 1998 RE: Special Speed Enforcement Effort Shift time between 1600 hr. to 1800 hr. Intersection of St. Albans Bay Rd. & Weeks Rd. between 1600 hr. to 1800 hr. east & west bound traffic were monitored. Time Speed Direction 1601 hr. 23 mph west 1603 hr. 30 mph west 1606 hr. 28 mph west 1607 hr. 20 mph east 1610 hr. 23 mph east 1614 hr. 32 mph west 1614 hr. 24 mph east 1615 hr. 20 mph west 1615 hr. 22 mph west 1618 hr. 29 mph east 1621 hr. 23 mph west 1622 hr. 20 mph west Page 2 Time Speed 1626 hr. 31 mph 1627 hr. 28 mph 1628 hr. 28 mph 1630 hr. 24 mph 1633 hr. 23 mph 1635 hr. 25 mph 1637 hr. 28 mph 1641 hr. 32 mph 1642 hr. 31 mph 1643 hr. 23 mph 1646 hr. 29 mph 1646 hr. 31 mph 1647 hr. 25 mph 1649 hr. 29 mph 1649 hr. 24 mph 1650 hr. 28 mph - 1651 hr. 28 mph 1651 hr. 27 mph 1653 hr. 22 mph 1654 hr. 25 mph 1654 hr. 29 mph 1655 hr. 22 mph 1658 hr. 26 mph 1658 hr. 23 mph 1700 hr. 32 mph 1701 hr. 24 mph 1702 hr. 19 mph 1702 hr. 30 mph 1704 hr. 18 mph 1705 hr. 29 mph 1705 hr. 29 mph 1707 hr. 23 mph 1710 hr. 16 mph 1710 hr. 22 mph 1710 hr. 29 mph 1711 hr. 22 mph 1714 hr. 28 mph 1716 hr. 30 mph 1717 hr. 28 mph M Direction east east east west west west west west west west east east west east west west west west east west west east west east west west east west west west east east west west west west west east west 1 P,2 I* ol w 'P.3 Page 3 Direction east east east west east west east west east east west west west west west east west west west east west west east west east west west east east east east west west west west east west east Time Speed ` 1717 hr. 23 mph 1717 hr. 24 mph 1719 hr. 28 mph 1719 hr. 17 mph 1721 hr. 17 mph 1721 hr. 21 mph 1722 hr. 26 mph 1723 hr. 32 mph 1723 hr. 22 mph 1724 hr. 20 mph 1724 hr. 23 mph 1725 hr. 26 mph 1725 hr. 27 mph 1726 hr. 22 mph 1727 hr. 28 mph 1728 hr. 28 mph 1729 hr. 23 mph 1729 hr. 24 mph 1730 hr. 27 mph 1731 hr. 22 mph 1731 hr. 29 mph 1732 hr. 32 mph 1733 hr. 23 mph • 1734 hr. 29 mph 1735 hr. 27 mph 1735 hr. 22 mph 1740 hr. 32 mph 1740 hr. 28 mph 1742 hr. 25 mph 1742 hr. 25 mph 1742 hr. 19 mph 1743 hr. 29 mph 1743 hr. 30 mph 1745 hr. 31 mph 1749 hr. 27 mph 1755 hr. 25 mph 1755 hr. 26 mph 1756 hr. 25 mph Direction east east east west east west east west east east west west west west west east west west west east west west east west east west west east east east east west west west west east west east flo 4 Page 4 ab The highest speed monitored was 32 mph with average speed clocked 26 mph. Y 4 r.1 CHECK APPROVAL LISTING FOR AUGUST 24,1998 COUNCIL MEETING CHECKS ISSUED SINCE AUGUST 12, 1998 Page 1 CK NO TO WHOM ISSUED PURPOSE AMOUNT 23569 BROWNING FERRIS IND AUG TB LIQ RECYCLING $33.66 23570 LMCIT DENTAL AUG DENTAL INS 629.60 23571 JOSEPH LUGOWSKI SEC 125 REIMB 125.45 23572 METRO COUNCIL ENVIRONMENT JULY SAC 990.00 23573 MINNCOMM PAGING PAGER 8.63 23574 PEPSI COLA MISC/POP PURCHASE 252.25 23575 SCANTRON MAINT AGREEMENT-COMP EQUIP 2,755.00 23576 US WEST COMMUNICATIONS 158.84 23577 DAHLHEIMERDIST. BEER PURCHASE 1,614.35 23578 DAY DISTRIBUTING BEER/MISC PURCHASE 9,889.85 23579 23580 EAST SIDE BEVERAGE LEEF BROS. BEER/MISC PURCHASE MATS 15,240.50 26.20 23581 MARK VII BEER/MISC PURCHASE 12,225.85 23582 MARLIN'S TRUCKING FREIGHT 226.40 23583 NORTH STAR ICE MISC PURCHASE 1,561.56 23584 QUALITY WINE & SPIRITS LIQUOR/WINE PURCHASE 1,763.42 23585 THORPE DIST. BEER/MISC PURCHASE 23,190.15 23586 PERA PERA 2,862.34 23587 ICMA RETIREMENT TRUST DEFERREDCOMP 1,253.07 23588 CITY COUNTY CREDIT UNION PAYROLL DEDUCTIONS 1,100.77 23589 ANOKA CTY SUPPORT /COLLECT CHILD SUPPORT-C. SCHMID 156.50 23590 MN DEPT OF REVENUE STATE TAX WITHHOLDING 1,400.57 23591 NORTHERN STATES POWER UTILITIES 6,758.14 23592 JOSEPH PAZANDAK MILEAGE 54.93 23593 PEPSI COLA COMPANY MISC 77.40 • 23594 BELLBOY CORPORATION LIQUOR PURCHASE 6,141.66 23595 BELLBOY BAR SUPPLY MISC/SUPPLIES PURCHASE 681.93 23596 MIDWEST COCA -COLA BOTTLINC MISC PURCHASE 1,170.02 23597 EAST SIDE BEVERAGE CO BEERMIISCPURCHASE 5,831.60 23598 GRIGGS, COOPER & COMPANY LIQUOR/WINEIMISC PURCHASE 7,813.23 23599 JOHNSON BROS LIQUOR CO LIQUORNVINEBEER PURCHASE 7,056.43 23600 LAKE REGION VENDING MISC 1,865.20 23601 MARLIN'S TRUCKING DELIVERY 85.60 23602 PHILLIPS WINE & SPIRITS UQUORAMNE PURCHASE 6,292.22 23603 QUALITY WINE & SPIRITS LIQUORMANE PURCHASE 2,697.73 TOTAL CHECKS ISSUED Page 1 � Page 2 CITY OF SHOREWOOD [HECK APPROVAL Ll5i FOR AUG 24, 199B COUNCIL MiG -------- CKS VENDOR NAME ------------------------- DE SCR lPTlOH ------------------------ DEPT- -------- AMOUNT ----------- 23604 AMER SOCPU8LlC ADM ANN MEMBERSHIP—J HURM ADMlN 35, 00 23605 ANCHOR PAPER COMPANY ENVELOPES GEN GOVT 16 S'99 23606 EARL F. ANDERSEN, iNC- EQUIPMENT REPAIR PARKS & 35.41 23607 ASPEN EQUIPMENT COMPANY EQUIPMENT MAlNi CITY GAR 38.77 23608 8lFFS, INC' PORTABLE TOILET RENTAL PARKS & 7O2-89 23609 BRAD KAGAN TIRE, INC EQUIPMENT MAlNf CITY GAR 79-97 236I0 BRYAN ROCK PRODUCTS INC. CLASS S—FREEMAN PARKING PARKS & 474.27 236I1 CHECKPOINT SECURITY SY3?- FIRE SYSTEM TEST CITY GAR 35.0O 23612 COLLINS ELECTRICAL SYSTEM RELAMP SEMAPHORES TRAF CON 547-8I 23613 DEPT OF LABOR & INDUSTRY AIR TANK INSPECTION CITY GAR 10.00 23614 ERl[KSON, ROLF E.A. ASSESSOR SUPPLIES PROF 3ER G4-52 � � 25615 HANKINS WATER TREATMENT CONTAINER RENTAL WATER DE I5'00 23616 G & K SERVICES UNIFORMS CITY GAR 457-90 23617 GLASS PLUS, IN(, EQUIPMENT MAIN! CITY GAR 122. 88 23618 HENH�PlN COUNTY TREASURER VOTER REGIS. VERlFlCATlO 6EN GOVT 369.12 23619 KENNEDY & GRAVEN JULY LEGAL—GENERAL PROF SER 6 JULY LEGAL—ZONING APP -------- 70'0() JULY LEGAL—SSSC PROJECTS 3I0'72 JULY LEGAL—MARSH PTE -------- 485.00 JULY LEGAL—PERKINS -------- 2I9-7G JULY LEGAL—RYAN -------- 2°855,77 TOTAL FOR KENNEDY & GRAVEN 10.I79-65 23620 JOSEPH MULLEN TRUCKING HAUL WOOD CHIPS 3ANlT/WA 7,540'00 25621 LAKE RESTORATION, INC. XMAS LK MlLFOlL lNSP COUNCIL 0I3'63 23622 MARTIN, JAMES A. COMPUTER CONSULTING GEH GOY! 56I.7� 23623 METRO COUNCIL ENVIRONMENT SEPT SEWER TREATMENT SEWER DE 25 23624 MIDWEST ASPHALT CORP, TACK OIL STREETS 532-50 ' 23625 MN SUN PUBLICATIONS LEGAL ADS GEN GOVT 173-01. 23626 MCES, YOUTH PROGRAMS LlFEGUARD/PLAYSRDUHD CHG PARKS & 2,646-6J, 23627 WM. MUELLER 8 SONS, INC. BITUMINOUS S[%t[S S.97i-&�� Page 2 � �ITY OF SHOR��OOD ��EC� APPROY�L LI�i �OR AUG 24. 1 B COUNClL MTG ` CK 4: -------- Y�NDDR NAM� ------------------------- DESCRlPilON ------------------------ ��PT. ��OU�T -------- ----------- 23628 Ml—1 I'll T NER h�L 1`1T ��ii:::R Dt. 9� O N ��l�7 DE l��-OO �� TOTAL FOR �UNiT�CH, lNC- 6.9OO-O� �36�9 OROHO �lT� OF AUGUST ANlM�L CUNTROL Pf i N:i3 1,34�'8I A�3ESSOR MAlLlNG GEH �OVT 47-40 TOT�L FUR OROHO, �lTY �F I,��'29 66 CLANS 8, 1- O0 VE3 HlMAL 8OAR NS 236—` POT , KENMETH N- J Ul L Y PROSE[UTlHG FROF SER l,��08-�3 2 632 RiCM�R lNDUSTRl�S SH0P �UPPLlES ClTT 2�R 4 0 2 lNC OlL [lTY GAR 47l.82 �36�4 SENlOR COMMUNlTY ��RYlCES JUNE/JULY JANlTORlAL M�N 8LDG JUNE/JULY JPNlTORlAL ClTY '00 T�TAL FUR SENIOR COMMUNlTY SER 2363 SO L MTKA PU S1AFE TY {} SEPT BUD/TRAFFlC CtFFlCER PULlCE P 56,963'I9 /. COURT T & lhG FEES POLlCE P 1,�37-9Q TOTAL FOR SO LK MTKA PU S AFET 68.20I-17 2�6�� OUT�ERH MN CONSTR�CTlON T�6 GRlNDER SANlT/NA l4,l�O-�O 2 3637 TALLE-�:N & 8AERTSCHI JULY SPEC PROSECUTlON PROF SE "e() 2 3638 TlME S��R OFF SlTE 4 3f--:c COUNClL MlN�TES ��H GOYT 29I-5O PLANNING COMM MlNUTES FL ' NNlNG 89'7� TOTAL TIME OFF SlTE 3Q1-2� 236�9 TNlN ClTY NATER CLlNIC NP,TER DE 4O'O0 ` 2364O YlSU—SENER CL�AN & S�AL, ~ SENER CLEANl�G/TELYl3lNG 3ENER ClE 13,687'OG 2364I NS8 A ND 'A SSOClATE-:S JULY ENG—ZONlNG APPS -------- 742.00 JULY ENG E�GlN�ER l,O�O-OO STORhNTR MGT PLAN -------- I~Ol:5-7� *lc* TOTPiL FOH WIS8 AND ASSOClAlTES 2 ,8l7-76 **: TOTAL CHECKS FOR APPROVAL I�7.2' *20-�O TOTAL CHECK APPROVAL LIST 281,219.65 Page 3 b Page 4 C H E C K R E G I 'S T E: R CHECK CHECK EMPLOYEE NAME CHECK CHECK TYPE DATE NUMBER NUMBER AMOUNT CON 8 18 98 115 LAWRENCE A. BROWN 213268 1521.54 CON s is 98 150 HEATHER A. SLECHTA 213269 1"28,. 7.5 CON 8 is 98 160 PATRICE A. SLECHTA 215270 45.25 CON 3 is 98 170 RYAN C. SLECHTA 213271 138.73 CON 3 is 98 300 ROGER D. CHAMPA 213272 184.70 CON 8 18 98 325 ANGELA M. COLE 215275 664.15 CON 8 18 98 550 THOMAS A. DAHLBERG 213274 230.87 CON 8 is 98 500 CHARLES S. DAVIS 213275 830.21 CON 8 18 98 810 MICHAEL R. FIELDS 213276 432.39 CON 8 is 98 950 TRACY A. FULLER •15277 307.88 CON 8 18 98 1100 JOHN J. GARFUNKEL 213228 184-!0 CON 8 is 98 1160 TWILA R. GROUT 213279 567.81 MAN 8 is 98 1190 KATHLEEN A. HEBERT 215266 506.77 C 0 "M 8 is 98 1 PATRICIA R. HELGESEN 213230 522.94 CON 8 18 98 1410 PAMELA J. HELLING 215281 556.59 • CON 8 18 98 1450 KELLY M. HENTGES 213282 98.79 CON 8 is 98 1550 JAMES C. HURM 213283 1721.90 CON 8 is 98 15!5 TROY M. IVES 213284 42.02 CON 8 18 98 1601 BRIAN D. JAKEL 213285 105. 0-5 CON 8 18 98 1700 JEFFREY A. JENSEN 213286 942.06 CON 8 13 98 1800 DENNIS D. JOHNSON 213287 956.44 CON 8 is 98 1810 ERICA E- JOHNSON 213288 397.82 CON 8 18 98 1444 KELLY F. J03EPHSON 213289 106.67 CON 8 is 98 2100 WILLIAM F- JOSEPHSON 213290 629.75 CON 8 18 98 2500 SUSAN M. LATTERNER 213291 664.75 CON 8 is 98 2800 JOSEPH P. LUGOWSK! 213292 856.65 CON 8 18 98 2805 JASON R. LUND 215293 246.29 CON 8 18 98 2900 RUSSELL R. MARRON 213294 35.25 CON 8 18 98 2910 BRADLEY j. MASON 213295 735.77 CON 8 is •8 3000 THERESA L. NAAB 213296 609.65 CON 8 18 98 3100 LAWRENCE A. NICCUM 213297 1151.34 CON 8 18 98 3200 ANTHONY L. NICOLI 215298 483.77 • P A fm 8 18 98 5400 BRADLEY J. NIELSEN 213265 904.41 CON 8 18 98 3430 GERALD A. O'NEILL 213299 184.70 MAN 8 is 98 3500 JOSEPH E. PAZANDAK 213313 1116.25 CON 8 18 98 3580 CHRISTOPHER J. POUNDER 213300 904.68 CUK 8 18 98 3590 SUSAN M. QUAST 213501 45.25 CON 8 18 98 3600 DANIEL J. RANDALL 213302 907.71 CON 8 18 98 3650 BRIAN C- RIENSTRA 213303 109.89 CON 8 18 98 3800 ALAN J. ROLEK 213304 115o.15 CON 8 18 98 3815 MICHAEL J. RUFFENACH 213305 88.25. Coll 8 18 98 3900 CHRISTOPHER E. SCHMID 213306 445.16 CON 8 18 98 4175 ANDREW R. SMITH 213307 45.25 CON 8 is 98 4250 JON T. SPICES? 213308 40.41 CON 8 is 98 4500 KRISTI STOVER 213309 184.70 CON 8 18 98 4525 DANIEL 0. STRAND 213310 130.90 CON 8 18 98 4550 BROCK A. SWAYNE 213311 279.16 CON 8 18 98 4515 REBECCA A. TARVIN 213312 i y i. 5.5 COMPUTER CHECKS 20766.42 MANUAL CHECKS 2527.45 NOOTICES OF DEPosir .0". Page 4 CHECK REGISTER C H E UK, CHECK ENf�'UOYEE NAME CHECK CHECK - 01- A 1 E; NUMBER IN u O."i 6 E Z�Mci(JNT *-ic*;g 23293.85 0 • Page 5