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111097 CC Reg AgP SC,~NNEO CITY OF SHOREWOOD CITY COUNCIL WORK SESSION MONDA Y, NOVEMBER 10, 1997 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS IMMEDIATELY FOLLOWING REGULAR MEETING AGENDA 1 . CONVENE WORK SESSION A. Roll Call B. Review Agenda 2 . DISCUSSION ON FURTHER PURSUIT OF ADMINISTRATIVE SANCTIONS WITH REGARD TO TREE PRESERVATION POLICY (Att.-#2 Draft Ordinance Amendment) 3 . ADJOURN "'" i Jt..:L 08 '97 09: 20 KENl'IEDY & GRAVEN P.3 104.04 ADMINISTRATIVE OFFENSES ,.... GIIAJIY- . POR IllaJSSION ONLY Suoo. 1. Definitions. An administrative offense is a violation of any section of this code when one performs an act prohibited.. or fails to act when such failure is thereby prohibited.. and is subject to the charges set fom in Chapter 1301 of this code. .A.ny person violating a section of this code shall be subject to the scheduled penalty. Subd. 2. Notice. .A..ny person employed by the City with authority to enforce this code shall. upon detemrining that there has been a violation, notify the violator, or person responsible for the violation. or in the case of a vehicular violation by attaching to said vehicle notice of the violation. said notice setting forth the nature, date, time of the violation, the name of the official issuing the notice and the amount of tile scheduled initial penalty, and where applicable, any charges relating .thereto. Subd. 3. Payment. Once such notice is given, the person respoOS1ble for the violation s~ within seven (7) days of the time of issuance of the notice, pay full satisfaction of the stated violation schedule to the City Treasurer. The penalty may be paid in person or by mail and payment shall be admission of the violation. A late charge shall be imposed for each seven (7) days the penalty remains unpaid after the first seven (7) day period. Subd. 4. Hearing Officer. The Administrator, or designee. is authorized to hear or determine a cause or controversy under this section. The llearing officer is not a judicial officer but is a public officer as defined by Minnesota. Statute 609.415 and is subject to Minnesota Stan..'!eS relating to public officers. Subd. 5. Hearing, .Any person aggrieved by this chapter may request within seven (7) days of the time of issuance of the notice to be he:n-d by the hearing officer who shall hear and de'".ermine the g...-ievance~ The hearing officer shall have the authority to dismiss the violation for cause, reduce or waive the penalty upon such terms and conditions as can be agreed upon by the parties. however. reasons for such dispositions shall be stated in writing by said he3ring officer. If the ~olation is sustained by the he3ring officer, the violator shall pay satisfaction of the charge or shall sign an agreement to pay upon such terms and conditions as set forth by the h~.ng officer. J':!O!:S948 SlI:!30-1 JUL 08 '97 89:21 KENNEDY & GRAVEN P.4 r Subd. 6. Failure to Pav. .OHAFr FOR tnsCUSSION ONLY If a violator fails to pay the charge imposed by this section. or as agreed upon following hearing before the hearing officer, the failure to pay the charge or the underlying violation, or both may be processed as a code violation or as a debt owed. or both through the judicial system. Subd. 7. Charges. All charges collected shall be paid over to the Treasurer for deposit in the General Fund of the City. Subd. &. Sc.i.eduled Penalties. Cbarges shall be imposed for violation of the scheduled administrative offenses according to a schedule duly established and adopted. from time to time. by the City Council and cont:ained in Chapter 1301 of the code. .mOU~.948 SR::3Q-Z 2 ~ -"' ,~'" I, ~ JUL 08 '97 0'3: 20 KENI'IE:DY 8c GRAVEN P.3 104.04 ADMINISTRATIVE OFFENSES ,...-1IIIAJIf- - , fOR IlleUSSICNONLY Subd. 1. Definitions. An administrative offense is a violation of any section of this code when one performs an act prohibited. or fails to act when such failure is thereby prohibited, and is subject to the charges set forth in Chapter 1301 of this code. Any person violating a section of this code sba1l be subject to the scheduled penalty. Subd. 2. Notice.. Any person employed by the City with authority to enforce this code shall,. upon determining that there bas been a violation, notify the violator, or person respot1Slo1e for the violation, or in the ~ of a vehicular violation by attaching to said vehicle notice of the violation, said notice setting forth the nature, date, time of the violation, the name of the official issuing the notice and the amount of the scheduled initial penalty, and where applicable, any charges relating ,thereto. Subd. 3. Pavment.. Once such notice is given, the person responsible for the violation s.baa within seven (7) days of the time of issuance of the notice, pay full satisfaction of the stated violation schedule to the City Treasurer. The penalty may be paid in person or by mall and payment shall be "timi~sion of the violation. A late charge sball be imposed for each seven. (7) days the penalty remains unpaid after the first seven (7) day period. SuM 4. Hearing: Officer. The Administrator, or designee. is authorized to hear or determine a cause or controversy under this section. The hearing officer is not a judicial officer but is a public officer as defined by Minnesota Statute 609.415 and is subject to Minnesota StatuteS relating to public officers. SuM 5. Hearing:. Any person aggrieved by this chapter may request within seven (7) days of the time of issuance of the notice to be heard by the hearing officer who sball hear and determine the grievance~ The hearing officer shall have the authority to dismiss the violation for cause., reduce or waive the penalty upon such termS and conditions as C3Il be agreed upon by the parties, however~ reasons for such dispositions shall be stated in writing by said he3ring officer. If the violation is sustained by the he3ring officer, the violator shall pay satisfaction of the charge or shall sign an agreement to pay upon such terms and conditions as set forth by the hearing officer. J3D!2S94a Sli:!30-1 JUL 08 '97 09: 21 KEi'lNEDY 8. GRAVEi'l P.4 ~-.r '... Subd. 6. FaIlure to Pay. , ORAPr FOA IXSCUSSION ONLY If a violator fails to pay the charge imposed by this section, or as agreed upon following hearing before the hearing officer, the failure to pay the charge or the underlying violation, or both may be Processed as a code violation or as a debt owed, or both through the judicial system. Subd. 7. Charl?es. All charges collected shall be paid over to the Treasurer for deposit in the General Fund of the City. Subd. 8. Scheduled P~ties. Cbarges shall be imposed for violation oftbe scheduled administrative offenses according to a schedule duly esrablished and adopted, from time to time. by the City Council and cont#ned in Chapter 1301 of the code. , t I I I I I i .mnUS'.8 SH:l30.: 2 &~ ., , CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, NOVEMBER 10, 1997 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:30 P.M. 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 _ McCarty _ O'Neill Garfunkel B. Review Agenda 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes October 27, 1997 (Att.-#2A Minutes) B. City Council Executive Session Minutes October 27, 1997 (Att.-#2B Minutes) C. City Council Work Session Minutes October 28,1997 (Att.-#2C Minutes) 3 . CONSENT AGENDA - Motion to approve items on Consent Agenda & Adopt Resolutions Therein: A. A Motion to Adopt a Resolution Making Budget Transfers (Att.-#3A Proposed Resolution) B. A Motion to Adopt a Resolution Authorizing the Use of Freeman Park Parking Lot for Snowmobile Safety Training Class (Att.-#3B Proposed Resolution) C. A Motion to Adopt a Resolution Approving a C.U.P. for an Institutional Wall Sign (Att.-#3C Proposed Resolution) Applicant: Lutheran Church of Our Savior Location: 23290 State Highway 7 D. A Motion to Approve a Sign Permit for an Entry Monument for Heritage Addition (Att.-#3D Planner's Memorandum) Applicant: Abingdon Development Corp. Location: Intersection of Noble Road and Edgewood Road E. A Motion to Adopt a Resolution Approving a Temporary Gambling License for the American Legion Post 259 (Att.-#3E Proposed Resolution) F. A Motion to Approve an Extension for Prosecuting Services with Ken Potts (Att.-#3F Proposed Agreement) G. A Motion to Approve a Contract for Services with Abdo, Abdo and Eick to Audit Financial Statements for the Year Ended December 31, 1997 (Att.-#3G Proposed Contract) 'lilt ....... . .- .. CITY COUNCIL AGENDA - NOVEMBER 10, 1997 PAGE 2 OF 2 H. A Motion to Approve an Amendment to Extend the Deadline Date to Proposed Watermain Extension Agreement for South Border Watermain Extension Project (Att.-#3H Engineer's Memorandum) 1. A Motion to Adopt a Resolution Correcting Resolution No. 5-88 (Att.-#31 Letter From Attorney's Office & Proposed Resolution) 4. MATTERS FROM THE FLOOR (No Council action will be taken.) 5. PLANNING - Report by Representative 6. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION REGARDING CONTINUING TO PARTICIPATE IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT PRESENTED BY GUY PETERSON, METROPOLITAN COUNCIL STAFF (Att.-#6 Proposed Resolution) 7 . CONSIDERA TION OF A MOTION TO ADOPT A RESOLUTION HONORING THE 1997 OUTSTANDING SENIOR SERVICES A WARD RECIPIENT (Att.-#7 Proposed Resolution) 8. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION PROVIDING FOR DELINQUENT UTILITY CHARGES TO BE LEVIED ON THE PROPERTY (Att.-#8 Staff Memorandum & Proposed Resolution) 9. ADMINISTRATOR & STAFF REPORTS A. Staff Report on Development Monitoring B. Staff Report on Gideons Woods Replacement Buffer & Drainage C. Status Report on 1997 City Council Priorities (Att.-#9C Status Report) D. Report on Petition Received Regarding Closing of Pleasant Avenue (Att.-#9D Petition) E. Report on DNR Grant Received for Snowmobile Patrol (Att.-#9E Grant Agreement) F. Discussion on Establishment of Work Session Date (Att.-#9F Administrator's Memorandum) 10. MAYOR & CITY COUNCIL REPORTS 11. ADJOURN TO WORK SESSION SUBJECT TO APPROVAL OF CLAIMS (Att.-#II) ~ MAYOR Tom Dahlberg CITY OF SHOREWOOD COUNCIL Kristi Stover Jennifer McCarty Jerry O'Neill John Garfunkel 5755 COUNTRY CLUB ROAD SHOREWOOD, MINNESOTA 55331-8927 (612) 474-3236 FAX (612) 474-0128 www.state.netlshorewood cityhall@shorewood.state.net Executive Summary Shorewood City Council Meeting Monday, November 10, 1997 , .' Agenda Item #3A: This resolution lays out specific line item budget transfers that have been discussed at various times over the year. Most of the adjustments have to do with engineering and the computer purchases line items transfers as explained at the last Council meeting. .. ... Agenda Item #3B: Our ordinance allows snowmobile training to take place on City park land by Council resolution. This resolution approves the one time Shorewood Hands-on Training provided by the South Lake Minnetonka f>ublic Safety Department at Freeman Park. Agenda Item #3C: .At the 27 October meeting the Council directed staff to prepare a fmdings of fact approving a conditional use pennit allowing Our Savior Church to install a wall sign on their building. The resolution included in your packet requires a four-fifths vote for approval. Agenda Item#3D: Abingdon Development has requested a sign pennit for an_area identification sign for their Heritage housing development. The sign, which is to be located in a landscaped outlot in the southeast comer of the intersection of Noble Road and Edgewood Road, complies with the requirements of the Zoning Code. The Planning Director has recommended approval; which requires a simple majority vote of the ~ounci1. Agenda Item #3E: This resolution approves a one day (December 12, 1997) license for raffles and tip boards for a fund raiser for the Sons of the American Legion, Clarence Clofer Squadron #259. ~.' , ... J f ~ ~~.':-'. 'fil ~ . Agenda Item #3F: . This motion would approve a two year. extension on the contract with Ken Potts . for prosecuting'services for the City. All prosecuting services will be provided for a cost of $18,100 per year (no increase from the current contract). . Agenda Item #3G: This motion would be to approve a contract for auditing services with Abdo, Abdo, Eick and Meyers for auditing services for 1997. The amount ofthe agreement is $9,790 or 2% over last year. _ . Agenda Item #3H: This motion would be to amend the contract for watermain construction for the South Border Watermain Project (second petition received). If approved, the residents would not have to have the cash deposit to the City until June 1, 1998. This amendment is being requested by the petitioners and is recommended for approval. A Residential Community on Lake Minnetonka's South Shore Executive Summary - City Council Meeting of November 10, 1997 Page 2 of 2 Agenda Item #31: In 1988 the City approved a lot line rearrangement for the Boote and Priest properties located on Yellowstone Trail. It was recently discovered that one of the documents conveying property back and forth contained an error in a legal description. In order to close a real estate transaction, the Priests have asked the City to adopt an amended resolution relative to the 1988 approval. Staff has reviewed the material and consider this to be a "housekeeping" item. The revised resolution in your packet is consistent with what the City had originally approved. In fact, the revised resolution conforms to the drainage and utility easement obtained by the City at the time the rearrangement was approved. Staff recommends approval of this request, which requires a simple majority vote by the Council. Agenda Item #6: Guy Peterson from the Metropolitan Council will be here to briefly explain the Local Housing Incentives Program and the Livable Communities Act and to answer questions the Council may have regarding the proposed continued participation in this program. Agenda Item #7: Weare pleased that this year's recipient of the Outstanding Senior Services Award is JoAnn Kvern, our own Southshore Senior Center Coordinator. This resolution honors JoAnn for her work. . Agenda Item #8: The Council asked staff to continue to contact owners of several properties that are continued to pay the sump pump surcharge. Please review the memorandum in the packet. This resolution authorizes levy of unpaid charges. This does not include any charges to Mr. Johnson as recommended by the City Attorney. . , ~ CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY, OCTOBER 27, 1997 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING DRAFT \ . Mayor Dahlberg called the meeting to order at 7:32 p.m. A . Roll Call Present: Mayor Dahlberg; Councilmembers Stover, McCarty, O'Neill and Garfunkel; Administrator Hurm; City Attorney John Dean; Engineer Larry Brown; Planning Director Brad Nielsen B. Review Agenda . Mayor Dahlberg read the Agenda for October 27, 1997. Administrator Hurm pointed out Item 6C to be a motion to adopt a zoning ordinance amendment; Item 6D to be a motion to adopt a zoning ordinance amendment; Item 6E to also be a motion to adopt a zoning ordinance text amendment. He further noted Item 11 to be consideration of a motion to authorize the purchase of office equipment and software rather than a resolution. The agenda was approved as amended. 2. APPROVAL OF MINUTES City Council Regular Meeting Minutes - October 13, 1997 McCarty moved, Stover seconded approving the City Council Regular Meeting Minutes for October 13, 1997, as amended on Page 3, Item B, substitute Paragraph 1 with the verbatim portion of the meeting as distributed to the Council. Motion passed 5/0. 3. CONSENT AGENDA . Stover moved, Garfunkel seconded approving the Motions on the Consent Agenda and adopting the Resolutions therein: A. A Motion to Approve a Temporary Sign Permit for the Southshore Senior/Community Center Applicant: Friends of the Southshore Senior Community Center Location: 5735 Country Club Road B. A Motion Adopting RESOLUTION NO. 97-89, "A Resolution Regarding a Final Plat for Charles Oberg, 5590 Christmas Lake Point. " Motion passed 5/0. .qt:;(ft ""!!!"'" f CITY COUNCIL REGULAR MEETING MINUTES OCTOBER 27, 1997 - PAGE 2 4. MATTERS FROM THE FLOOR <II Steve Hertzenbergh, 26115 Shorewood Oaks Drive, expressed his appreciation to the Preservation Team and the open style of government which they have adopted. Keith Monjak, 6140 Pleasant Avenue, thanked the Council for listening to him and providing the representation he voted for last November. 5. PARKS Report on October 14, 1997 Park Commission Meeting Commissioner Colopolous reported on the October 14, 1997 meeting of the Park Commission (as detailed in the minutes of that meeting). 6. PLANNING - Report by Representative Commissioner Turgeon reported on the matters considered and actions taken by the Planning Commission at their meeting of October 14, 1997, (as detailed in the minutes of that meeting). Commissioner Turgeon requested members of the Council meet with members of the Planning Commission to provide the Commission with direction relative to their role as an advisory board. She suggested meeting on November 17, 1997. Mayor Dahlberg requested staff make arrangements to schedule this meeting. . A. A Motion to Adopt a Resolution Denying Concept Plan Review of Planned Unit Development for Senior Housing Applicant: Location: Eagle Crest Northwest 25600 Highway 7 & 6140 Eureka Road Attorney Dean commented on the Findings of Fact which he felt to be defensible. He noted the findings are based upon information which was introduced at the public hearings and information which is contained within the City's regulations and zoning ordinances and within the Comprehensive Plan as well as the application for the land use request which is being made. . O'Neill moved, Garfunkel seconded adopting RESOLUTION NO. 97-90. "A Resolution Denying Concept Plan Review of Planned Unit Development for Senior Housing for Eagle Crest Northwest, 25600 Highway 7 and 6140 Eureka Road. " Councilmember Stover inquired why density was not listed in the fmdings as a reason for the denial sinc~ some of the councilmembers had specifically noted they were opposed to the project because of the density. Attorney Dean stated there were a number of issues raised in the public ~earings and he felt the contents of the findings accurately sets forth the position of the City. Councilmember Stover comment on the reference to the park land swap, noting the developer had stated during the public hearings that this would not be a necessary part of their plan. With respect to increasing the traffic, she felt any development at all of this land would increase traffic. Councilmember Stover noted in Item C the reference to a 20-foot road and pointed out the Planning Commission had recommended that be increased to 22 feet. In addition, the Fire Marshal had commented that 20 feet does meet the minimum requirement. CITY COUNCIL REGULAR MEETING MINUTES OCTOBER 27, 1997 - PAGE 3 Councilmember Stover pointed out the setback requirements take place during the developmental stage and can be shifted in order to meet the setbacks. She also pointed out the developer was looking at two options to address the fIre protection issue. One option would be to use sprinklers and the other would be to utilize Chanhassen. Councilmember Stover stated based on the thoughts she has outlined, she would not be voting for this resolution. She did not feel the findings were representative of the reasons Councilmembers O'Neill and Garfunkel voted against the proposaL Councilmember Garfunkel recalled he had also considered the traffic issue. Councilmember O'Neill pointed out he had had concerns relative to traffIc even prior to this request. He noted this will be the subject of a study session to be held on October 28, 1997. Motion passed, 3/2. (Councilmembers Stover and McCarty were the dissenting votes.) 7. 8:00 P.M. PUBLIC HEARING - CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION APPROVING ASSESSMENTS FOR PUBLIC IMPROVEMENTS - MARSH POINTE . Mayor Dahlberg opened the public hearing at 8:07 p.m. Bruce Malkerson, Attorney for Lundgren Brothers and Marsh Pointe, LLC, appeared objecting to the assessment charges relative to public improvements for Marsh Pointe on the basis they are excessive, arbitrary and contrary to state law. Hearing no further public testimony, Mayor Dahlberg closed the public hearing at 8:10 p.m. McCarty moved, Garfunkel seconded adopting RESOLUTION NO. 97 -91, "A Resolution Approving Assessments for Public Improvements - Marsh Pointe." Motion passed 5/0. 6. PLANNING - (CONTINUED) B. A Motion Regarding an Amendment to Gideon's P.U.D. Agreement and Protective Covenants Woods . Applicant: Location: Gideon's Woods Homeowner's Association Common Area of Gideon's Woods P.U.D. Fred Dresser, 5480 Gideon's Woods, asked to keep the sign for a maximum of five years in an effort to recuperate the losses the residents have suffered due to the actions of the developer. Mary Savoy, 5455 Gideon's Lane, requested the sign be allowed to remain because it blocks the lights from County Road 19 into her home. She stated the developer had promised to construct a 5 to 10 foot high berm which would screen her home from County Road 19, however this was never completed. Councilmember Stover noted the Planning Commission had unanimously voted not to change the P.D.D. She expressed sympathy to the residents, however, she felt the second motion of the Planning Commission would be a solution to the problem. It was recommended the sign be replaced with landscape screening. Councilmember Stover noted previous Councils have worked hard to eliminate the billboard signs from the city in an effort to maintain the rural atmosphere. Councilmember McCarty noted her agreement. CITY COUNCIL REGULAR MEETING MINUTES OCTOBER 27, 1997 - PAGE 4 Mayor Dahlberg asked which of the two issues, screening or finance, is the more significant issue. He suggested allowing the sign to stay for two years and then removed with appropriate screening in place. Mr. Dresser felt the issues to be equal. Councilmember Garfunkel stated the sign impacts more than just the residents of Gideon's Woods and noted letters have been received from residents of other communities who are opposed to the sign and requesting its removal. He felt it had become the view of the Council that PUD's would not be changed. Mayor Dahlberg stated he gave consideration to changing a PUD in the past and had detennined he would only do so if there is adequate neighborhood support and he noted all of the Gideon's Woods neighborhood supports this proposal. Councilmember O'Neill stated he has noted opposition from people living across the street as well as those utilizing the trails. He was sympathetic to the neighborhood, however, the sign affects too many others. Nielsen suggested a fence could be considered, however, this would not be done by the City. He noted there is work which needs to be completed on the site and until such time as that work is . completed, it may not be possible to complete any landscaping. Engineer Brown reported he has been in contact with the developer's engineer and plans have been submitted for the storm sewer pipe, however, at this time, the plans have been unacceptable due to the damage it would cause to a particular stand of trees. When this work is eventually completed, it will require additional tree plantings. Nielsen pointed out building pennits will not be issued on the remaining four units until such time as an additional $17,000 has been posted in escrow. Nielsen felt planting trees in the northeast comer would be the best plan. He will investigate this matter and return to Council with this information. Bob Rascop asked if the sign could be kept up until such time as a final resolution to this situation has been reached. Councilmember O'Neill pointed out although removal of the sign is a provision in the PUD, the PUD also anticipated the development would be finished. Nielsen pointed out there had been no . landscaping proposed for the northeast corner to replace the sign. Mayor Dahlberg noted he is very interested in the fmancial aspect of this situation and felt those opposed to the sign would be sympathetic to the residents if they were aware of the situation. Councilmember O'Neill suggested investigating the possibility of a fence and possibly a variance relative to the height of the fence. He requested Nielsen provide him with a copy of the landscaping plan. Mayor Dahlberg asked that this matter be resolved as quickly as possible. O'Neill moved, McCarty seconded withdrawing the proposed amendment to Gideon's Woods P.D.D. Agreement and Protective Covenants from further consideration. Motion passed 5/0. O'Neill moved, Dahlberg seconded to convene in Executive Session at the conclusion of the regular City Council Meeting to discuss pending litigation. Motion passed 5/0. CITY COUNCIL REGULAR MEETING MINUTES OCTOBER 27, 1997 - PAGE 5 C . A Motion to Adopt a Zoning Ordinance Amendment Relative to Signs Applicant: Friends of the Southshore Senior Community Center Location: 5755 Country Club Road Councilmember O'Neill stated he would be interested in putting time limits on the operation of the signs. Councilmember Stover asked if this would be necessary given the fact the sign is not located in a residential area. Mayor Dahlberg felt this could be addressed if it becomes a problem. Glenn Froberg was in attendance and explained the senior center is a nonprofit organization and is dependent upon recognition in the community to survive. He felt an internally lit message sign would give the proper viewing to people driving down the highway and could be informed of center events as they drive by. Stover moved, McCarty seconded adopting a zoning ordinance amendment relative to signs for Friends of the Southshore Senior Community Center, 5755 Country . Club Road. Motion passed 5/0. D . A Motion to Adopt a Zoning Ordinance Amendment Relative to Signs Applicant: Howard's Point Marina Councilmember Garfunkel expressed concern relative to the 20-year provision. Nielsen noted the Planning Commission requested staff compile an inventory of existing signs to document their current existence. Councilmember Stover asked if the inventory had been completed. Nielsen stated it will be done once the amendment is approved. Stover felt it would be helpful to have the inventory available for future reference. Nielsen commented the ordinance is intended to grandfather existing signs and not to allow additional signs. . Stover moved, O'Neill seconded adopting a Zoning Ordinance Amendment Relative to Signs for Howard's Point Marina. Motion passed 5/0. E . A Motion to Adopt a Zoning Ordinance Text Amendment Relative to Signs Applicant: Location: Lutheran Church of Our Savior 23290 State Highway 7 Mayor Dahlberg noted his son attends this church school and asked whether he would need to excuse himself. Attorney Dean stated this would not be necessary. Fred Ummel, 23290 State Highway 7, was in attendance and expressed his appreciation for the assistance he received from staff and the Planning Commission. Stover moved, McCarty seconded adopting a zoning ordinance text amendment relative to signs for Lutheran Church of Our Savior, 23290 State Highway 7. Motion passed 5/0. CITY COUNCIL REGULAR MEETING MINUTES OCTOBER 27, 1997 - PAGE 6 F . A Motion to Direct Staff to Prepare Findings of Fact Regarding a C.U.P. for an Institutional Wall Sign Applicant: Lutheran Church of Our Savior Location: 23290 State Highway 7 Garfunkel moved, Stover seconded directing staff to prepare Findings of Fact regarding a C.U.P. for an institutional wall sign for Lutheran Church of Our Savior, 23290 State Highway 7. Motion passed 5/0. G. A Motion to Adopt a Resolution Regarding a Simple Subdivision Applicant: Stab Taube Location: 27280 Edgewood Road Councilmember O'Neill raised a question relative to the driveway. Nielsen stated the driveway has not been removed, however, the Planning Commission recommended it either be removed or be used to serve a new home by May 1, 1998. . Stover moved, Dahlberg seconded adopting RESOLUTION NO. 97-92, "A Resolution Regarding a Simple Subdivision for Stan Taube, 27280 Edgewood Road. " Motion passed 5/0. 8. CONSIDERA TION OF A MOTION TO ACCEPT A QUOTE TO CLEAN SOUTHEAST WATER TOWER McCarty moved, O'Neill seconded accepting the quote of Tight Rope to clean the southeast water tower. Motion passed 5/0. 9. CONSIDERATION OF A MOTION REGARDING FUND RAISING OPTIONS FOR FOURTH OF JULY CELEBRATION Mayor Dahlberg offered to make telephone calls to people who may be interested in volunteering to assist with the fund raising. Councilmember O'Neill stated he has supported the City's past . contributions and will continue to support them in the future. Councilmember Garfunkel suggested an article in the newsletter relative to this issue. 10. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION MAKING A RECOMMENDATION FOR APPOINTMENT TO THE MINNEHAHA CREEK WATERSHED BOARD O'Neill moved, Stover seconded adopting RESOLUTION NO. 97-93, "A Resolution Making a Recommendation for Appointment of Woody Love to the Minnehaha Creek Watershed Board of Managers." Motion passed 5/0. Mayor Dahlberg recessed the meeting at 9:26 p.m. and reconvened at 9:36 p.m. 11. CONSIDERATION OF A MOTION TO AUTHORIZE THE PURCHASE OF OFFICE EQUIPMENT AND SOFTWARE Hurm explained this purchase does not involve the use of any replacement funds. Mayor Dahlberg suggested a business requirements analysis may be appropriate at some point. CITY COUNCIL REGULAR MEETING MINUTES OCTOBER 27, 1997 - PAGE 7 Garfunkel moved, Stover seconded authorizing the purchase of office equipment and software for the City offices. Motion passed 5/0. 12. CONSIDERA TION OF A MOTION ADOPTING THE TREE POLICY BY PENAL TIES FOR VIOLA TIONS ADMINISTRA TIVE SANCTIONS TO ADOPT AN ORDINANCE REFERENCE PROVIDING FOR AND DISCUSSION ON Mayor Dahlberg suggested tabling the discussion relative to administrative sanctions to some future date. Councilmember Stover felt the purpose and intent of the policy to be good, however, since it has been applied, there have been some problems. She suggested this matter be referred to the Planning Commission for their review to determine whether the points contained in the policy are still valid. . Councilmember O'Neill suggested directing staff to bring this issue to the Planning Commission for their review as soon as possible and felt it important this be included in the code. Councilmembers McCarty and Garfunkel noted their agreement. McCarty moved, O'Neill seconded adopting an ordinance adopting the Tree Policy by reference and providing for penalties for violations with a discussion on administrative sanctions at some future date. Motion passed 4/1. (Councilmember Stover was the dissenting vote.) 13. ADMINISTRATOR & STAFF REPORTS . A. Report on Shoreline Messages Received A comment was made relative to the difficulty in hearing staff speak at the Council meeting which was held at the Southshore Center. Minnetonka Sound and Light will be consulted to determine what type of improvements could be made. B . Staff Report on Development Monitoring Brown reported the blacktop work at Marsh Pointe has been completed. The Watten Ponds developer has installed two small retaining walls which he has been directed to reinstall, moving the walls back farther to allow for snowplowing. The walls were installed contrary to the direction of staff. Engineer Brown reported on the work being performed at the Stubsted property located at Eureka and Smithtown. He stated the work was completed to the homeowner's satisfaction as well as under budget. Freeman Park picnic shelter has been delivered and should be up prior to winter. Planning Commissioner Turgeon asked for Council direction relative to the existing tree policy. The Council will submit their written concerns to Administrator Hurm by the next regular City Council meeting. 14. MAYOR & CITY COUNCIL REPORTS CITY COUNCIL REGULAR MEETING MINUTES OCTOBER 27, 1997 - PAGE 8 15. ADJOURNMENT McCarty moved, Stover seconded adjourning the meeting to Executive Session at 10:04 p.m. subject to the approval of claims. Motion passed 5/0. RESPECTFULL Y SUBMITTED, Cheryl Wall at, Recording Secretary TimeSaver Off Site Secretarial, Inc. ATTEST: TOM DAHLBERG, MAYOR JAMES C. HURM, CITY ADMINISTRATOR . . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD MONDAY, OCTOBER 27, 1997 COUNCIL CHAMBERS EXECUTIVE SESSION FOLLOWING REGULAR MEETING MINUTES EXECUTIVE SESSION D~AfT 1. Mayor Dahlberg opened the meeting at 10:16 p.m. Present: Mayor Dahlberg; Councilmembers Stover, O'Neill and G Administrator Hurm; and City Attorney Dean Councilmember McCarty Absent: 2. DISCUSSION OF LITIGATION MATTERS . Mayor Dahlberg briefed the Council on discussions he has had with Johnson with respect to litigation matters. City Attorney Dean updated the Council on the status of the case. 3. ADJOURN O'Neill moved, GarfunkeI seconded, to adjourn the Executive Session at 10:44 p.m. Motion passed unanimously. RESPECTFULL Y SUBMITTED, James C. Hurm, City Administrator ATTEST: . TOM DAHLBERG, MAYOR JAMES C. HURM, CITY ADMINISTRATOR ~;2.B CITY OF SHOREWOOD WORK SESSION MEETING TUESDAY, OCTOBER 28, 1997 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. MINUTES CONVENE CITY COUNCIL WORK SESSION DRAfT 1. Mayor Dahlberg called the meeting to order at 7:34 p.m. A. Roll Call Present: Mayor Dahlberg; Councilmembers Stover, McCarty (arrived at 7:50 p.m.), O'Neill and Garfunkel; Administrator Hurm; Engineer Larry Brown Review Agenda B. . The agenda was approved as presented. The Planning Commission has requested various members of the Council meet with various members of the Planning Commission on November 12, 1997, at 7: 15 p.m. It was determined the Council will interview applicants for the Park and Planning Commission openings on December 8, 1997, at 7:00 p.m. 2. ENTERPRISE FUND BUDGETS FOR THE YEAR 1998 Water Operations Hurm pointed out the increase reflected for staffing is the result of an increase in Gopher One calls in which a staff person identifies utility lines on a resident's property. It was noted this will ultimately reduce the general fund budget. . Hurm commented on the Badger well building replacement. He suggested the Council review this matter in anticipation of a need for additional parking at this location given the proximity to the park as well as the Southshore Center. Hurm felt possibly 10 or 12 parking stalls could be established. Brown stated the overall goal is to build the smallest building possible which will reduce the estimated $120,000 cost as well as possibly creating additional parking spaces. Councilmember McCarty questioned whether the building can be built without replacing the current chlorination system. Brown felt this could be done based on the feasibility process which he has reviewed. Mayor Dahlberg asked if the contribution of 12 parking spaces will solve the existing parking problem. Hurm felt it would reduce the existing problem. Brown estimated it will cost approximately $20,000 to build 12 parking spaces. Councilmember O'Neill stated he is not in favor of spending taxpayer funds to create parking for the purpose of accommodating events for which the Southshore Center is rented. Councilmember Stover felt this would provide additional parking to the park which needs to have parking spaces available. Councilmember McCarty felt this to be parking which is being contributed to the community. She noted the organizations being benefited are nonprofit organizations. Councilmember Stover pointed out many are seniors and youth who are utilizing the Southshore Center for events for which they are not required to pay rental fees. .f;;c.., CITY COUNCIL WORK SESSION MINUTES OCTOBER 28, 1997 - PAGE 2 Councilmember Stover noted the people who have rented the building thus far have been community organizations from the contributing communities. Councilmember O'Neill stated he does not have a problem with the concept, just the funding. Brown suggested proceeding with a feasibility plan, noting parking as a future project. Councilmember O'Neill questioned how the water rate compares to that of other cities. Brown felt Shorewood to be in the upper 10 percent of municipalities. Sanitary Sewer Brown suggested investigating the possibility of televising the sanitary sewer lines on a regular basis which will identify the condition of the pipe as well as problem areas of inflow and infiltration. Councilmember O'Neill asked if it would be cost effective for the City to undertake this work rather than contracting this work out. Brown stated the cost benefit will be investigated. Brown commented on the lift station rehab program and felt the stations should be evaluated and maintenance performed on a yearly basis for one or two of the stations. He explained during the last two major storms, seven lift stations were without power. Brown recommended the rehab program provide for revamping and rewiring for emergency backup power which can be costly. . He suggested purchasing a used generator which would be mobile. Brown estimated the cost of a · used generator to be approximately $50,000 to $60,000. Councilmember Stover felt this would be more affordable than paying claims for homes which have been damaged. Recycling It is anticipated the rate will increase 20 cents per household resulting in a rate of $2.05 per month. This will result in an increase on a property owner's utility bill from $1.00 per month to $1.50 per month. It is estimated approximately half of the households in Shorewood participate in the recycling program. Storm water Management Brown explained the City is constantly attempting to resolve the smaller drainage problems within the city. With respect to a stormwater management plan, the City will be participating with Hennepin County to address this matter. 3. REVIEW OF 1998-2002 CAPITAL IMPROVEMENT PROGRAM . Council Chambers Audio and Visual Improvements Brown reported there have been many comments relative to sound problems and difficulty in hearing the councilmembers at the meetings. He reviewed proposed audio and visual improvements. Councilmember Garfunkel suggested utilizing an LCD projector for presentations in conjunction with a notebook computer and a screen which is backlit. Councilmember Stover inquired whether this would require additional staff to operate this system. Brown stated it could be operated by the current video person. This equipment could also be utilized by the Planning Commission. A suggestion had been made by new councilmembers that the raised platform be removed. Councilmember Stover stated she would like for it to stay because it enables her to see the people jn the audience. Councilmember McCarty pointed out this also enables the audience to see the Council as well. CITY COUNCIL WORK SESSION MINUTES OCTOBER 28, 1997 - PAGE 3 (Councilmember McCarty left the meeting at 9: 16 p.m.) Various arrangements of the council chambers were discussed. Councilmember Garfunkel felt the area should be more open. If the council area is moved, Brown pointed out there may be a need for additional lighting. Councilmember O'Neill noted moving the council area will result in other items which will need to be addressed such as the carpeting and wallpaper. Mayor Dahlberg recessed the meeting at 9:27 p.m. and reconvened at 9:33 p.m. It was agreed the audio quality needs improvement and presentations need to be more visible. Councilmembers Stover and O'Neill were not in favor of expending funds on redecorating the room itself. Hurm suggested wallpaper should possibly be considered. Mayor Dahlberg suggested resolving the audio and presentation issues fIrst. . The consensus of the Council was to not provide video monitors for the audience. The proposed 7x7 screen could be replaced with an LCD projector, utilizing the screen. It was also agreed there is no need for a power monitor facing the Council. Hurm felt a lapel microphone would be helpful for anyone giving a presentation. The Council was also in agreement the council bench will remain where it is currently located. The current carpeting will also remain. . Equipment Brown reported the City purchased a bobcat last year and the supplier is currently conducting a promotion in which the City could replace the current bobcat with a new bobcat, along with a complete warranty, at a cost of $750. This would allow the supplier to ship the used equipment to Finland without incurring import fees. Mayor Dahlberg inquired as to the cost of a new bobcat. Brown noted it to be $15,159 with a fIve to six year service life. He noted this would be dollars wisely spent over the long term. Mayor Dahlberg expressed concern the reputation of the dealer be verifIed. He also felt this to be a decision which could be made by staff. Brown also reported there are three trucks being held under forfeitures due to DWIs and other criminal offenses. The vehicles are disposed of through sealed bids. He noted one of the vehicles to be a 1988 Silhouette Van and felt it could be used by the Public Works Department for utility locates rather than utilizing a city truck. He explained this is a work van type vehicle. Brown felt it would be cost effective to utilize the van, noting it would not be necessary to purchase an additional vehicle. Mayor Dahlberg felt this to also be a management decision. Hurm pointed out given the increased demand which has been placed on the city vehicles, this is a cost effective solution. The Council was in agreement. CITY COUNCIL WORK SESSION MINUTES OCTOBER 28, 1997 . PAGE 4 4. ADJOURNMENT Dahlberg moved, Garfunkel seconded to adjourn the City Council Work Session Meeting at 9:50 p.m. Motion passed 5/0. RESPECTFULL Y SUBMITTED, Cheryl Wallat, Recording Secretary TimeSaver Off Site Secretarial, Inc. ATTEST: TOM DAHLBERG, MAYOR JAMES C. HURM, CITY ADMINISTRATOR . . MEMO TO: FROM: DAlE: RE: . MAYOR Tom Dahlberg CITY OF SHOREWOOD COUNCIL Kristi Stover Jennifer McCarty Jerry O'Neill - John Garfunkel 5755 COUNTRY CLUB ROAD SHOREWOOD, MINNESOTA 55331-8927 (612) 474-3236 FAX (612) 474-0128 www.state.netlshorewood cityhall@shorewood.state.net Mayor and Councilmembers AI Rolek, Finance Director November 6, 1997 Resolution Amending the 1997 Budget The amendment of the City's budget is a housekeeping matter which is done from time to time throughout the budget cycle. This formally amends the budget for expenditures which the City Council has already approved and for which they have made funds available. . In this particular resolution you are being asked to amend the budget for the acquisition of computer equipment which you approved on October 27. The resolution also amends the budget in the City Engineer department for the addition of part -time on-site inspection personnel (Phil Tipka) and for street repair. Additionally, the State Legislature. . reimbursed the City $5,000 for extraordinary snow removal expenses incurred during the winter of 1996-97. The resolution recognizes the revenue from this transaction, and increases the salt/sand budget for the 1997-98 snow season by $5,000. The total net result of this resolution is to amend the 1997. budget by increasing both total revenue and total expenditures by $5,000, the amount which we were reimbursed by the State. Should you have any questions relative to this resolution or if you would like to discuss the proposed amendments, please call me. . A Residential Community on Lake Minnetonka's South Shore t~fJ CITY OF SHOREWOOD RESOLUTION NO. 97- A RESOLUTION AMENDING THE 1997 GENERAL FUND BUDGET BUDGET AND AUTHORIZING THE TRANSFER OF FUNDS WHEREAS, the Shorewood City Council has authorized certain expenditures during 1997; and, WHEREAS, such expenditures were not included within the adopted 1997 General Fund Budget; and, WHEREAS, it has been the practice of the City Council to amend the budget for such authorized expenditures. THEREFORE, BE IT RESOLVED by the City Council of Shorewood that the 1995 General Fund Budget is hereby amended as follows: REVENUES Intergovernmental EXPENDITURES DEPARTMENT General Government Planning & Zoning Municipal Buildings Municipal Buildings City Engineer Streets & Roadways Streets & Roadways Snow Removal Contingency ACTIVITY State Snow Removal Aid ACTIVITY Support Services Capital Outlay Supplies Capital Outlay Capital Outlay Supplies Support Services Supplies Support Services Net General Fund Budget Amendment Beginning General Fund Budget Net Budget Amendments Amended General Fund Budget ADOPTED AMENDED BUDGET BUDGET DIFFERENCE. -0- 5,000 $5,000 ADOPTED BUDGET 14,750 3,000 9,200 6,300 1,800 8,650 9,650 45,000 AMENDED BUDGET DIFFERENCE 14,250 $(500) 769 (2,231) 8,700 (500) 13,231 6,931 300 (1,500) 11,650 4,000 5,650 (4,000) 6,950 5,000 (2,200) . $5,000 $2,516,698 5,000 $2,521,698 ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 10th day of November, 1997. ATTEST: Tom Dahlberg, Mayor James C. Hurm, City Administrator/Clerk CITY OF SHOREWOOD RESOLUTION NO. 97- A RESOLUTION AUTHORIZING THE USE OF THE FREEMAN PARK PARKING LOT FOR SNOWMOBILE TRAINING WHEREAS, the City of Shorewood is hosting a snowmobile safety training class at City Hall; and WHEREAS, said class is planned to be offered in mid December; and WHEREAS, DNR classes that are offered later in the winter season often offer the required "hands on" training on Lake Minnetonka; and WHEREAS, a mid December training class is too early in the winter season to allow for hands on training on Lake Minnetonka; and . WHEREAS, City Code Section 802.02, Subd. Ie allows for the operation of a snowmobile at ".. .such other locations and times as locations and times as designated by resolution of the City Council for supervised training." NOW THEREFORE BE IT RESOLVED by the Shorewood City Council that the hands on training for Shorewood's Snowmobile Safety Training Class may be conducted at the Freeman Park Parking Lot. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 10th day of November, 1997. ATTEST: . TOM DAHLBERG, MAYOR JAMES C. HURM, CITY ADMINISTRATOR .#38 .. CITY OF SHOREWOOD RESOLUTION NO. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO OUR SATIOR LUTHERAN CHURCH WHEREAS, the Lutheran Church of Our Savior (the Applicant) is the owner of the property located at 23290 State Highway 7, in the City of Shorewood, County of Hennepin, State of Minnesota, legally described on Exhibit A, attached hereto and made a part hereof; and WHEREAS, the Applicant proposes to erect a wall sign on the south side of the existing building on the property; and . WHEREAS, the Applicant has applied for a conditional use permit, pursuant to Section 1201.03 Subd. l1.e.(I)(b) of the Shorewood Zoning Code; and WHEREAS, the Applicant's request was reviewed by the City Planner, and his recommendations were duly set forth in memoranda to the Planning Commission dated 28 August and 2 October 1997 which memoranda are on file at City Hall; and WHEREAS, after required notice, a public hearing was held and the application was reviewed by the Planning Commission at their regular meeting on 2 September 1997, the minutes of which meeting are on file at City Hall; and . WHEREAS, the Applicant's request for a conditional use permit was considered by the City Council at their regular meeting on 27 October, at which time the Planner's memorandum and the minutes of the Planning Commission were reviewed and comments were heard by the Council from the City staff. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shore wood as follows: FINDINGS OF FACT 1. district. That the Subject Property is located in the R-l C, Single-Family Residential zoning 2. That the Applicant proposes to erect a wall sign, the area of which, when combined with an existing freestanding sign on the property, will not exceed three percent of the building silhouette as viewed from the street. If~t, . . 3. That the Applicant's wall sign will be indirectly illuminated by existing lighting on the church building. CONCLUSIONS 1. That the Applicant has satisfied the criteria for the grant of a conditional use permit, pursuant to Section 1201.04 and 1201.03 Subd. 11. of the Shorewood City Code. 2. That based upon the foregoing, the City Council hereby grants Applicant's request for a conditional use permit. 3. That the City Clerk is hereby authorized and directed to provide a certified copy of this Resolution for filing with the Hennepin County Recorder or Registrar of Titles. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this lOth day of November, 1997. Tom Dahlberg, Mayor ATTEST: James C. Hurm, City Administrator/Clerk -2- ", ----' CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD. MINNESOTA 55331-8927. (612) 474-3236 FAX (612) 474:0128 . www.state.netlshorewoo~ . cityhall@shorewood.sta~e.net MEMORANDUM TO: Mayor and City Council . FROM: - Brad Nielsen '- ' , - " DATE: 6 November 1997 RE: Sign Permit - Heritag~cc Fll..E NO.: 405 (Signs) ,- . Chuck Dillerud, representing Abingdon Development Corporation, has requested a sign permit to erect a monument identification sign at the northerly entrance to the ,Heri!age- residential development. The sign will be located in a landscaped outlot in the southeast comer of the inters~tion of Noble Road and Edgewood Road (see Site Plan - Exhibit A; attached). The p!oposed sign; shown on Exhibit B, contains approximately 23 square feet of area and measures 4.3 feet in height. The outlot and the proposed sign will be , maintained by the Heritage Homeowner's Association. ,Exhibit C shows how the area around the' sign will be landscape~. ' Section 'T20L03 Subd., 1 Le.(l)(a) of the Shore wood Zoning Code allow; one sign facing each bordering street for each development of 20 or more units. Such signs are limited to /- 32 square feet in area and ~ight feet in height. . The proposed sign is consistent with the reqUireme~~ of the Zoning Code, ~d approval is recommended. '~ ' cc:, Jim Hurm John Dean ,~ Chuck Dillerud ,', .:II .3 0 " A Residential Community on Lake Minnetonka's South Shore j. ... .,., ..~. " ... ~ .;. 'r. ,,: ~ - '0 ...~ ~ '.\": , \ ; t; ...~ "'. .. \ ..~ ~ r \ @ @ ~ ~ ~~C ~ ~ ~ .1'- "" ~ " \, ~ QL 'gG: ~ -' ":e ~ ...<0 2 "" tlI'g;t \) @ - ~ -~ ~- \ to ~ I I'l ~ .. - "" ~ -l.$: r.... .t+ 'r Olr.A-r ~ ~ ~ ~ co .". '3 ~ co ~:: till ,;:; ~ C9l I.. ~ ",- .". ~L 'gz. 't.; ..g " , ~\ <r= ~ ~~~. . . I I I I ~: I I .~ f ~ ~l"9l'l : 3.~.."'.ON 51 'ilL ~ ",IX) N !-' ~ ...'" N ~ " , ~ "L.,,,- ~ .~ - -- l' t gt '.., ...... N .' . en UJ a: lI'l ... ~ '" <D '" ___ _ _ '!9.o!l):"!----- !;:.I :C -..... N ~ . __ !,_6:~~f~ _ _ __--- '(.~ 1'~' ..91. 0.1 N ___---M6;~i---- '" ~ ...~ ... ~ @ \94.55 oct ..to.SO.IN _r;> N <<) ...~ ~f::; ~~ ~ .. z ....s~ '.:-,. '1- "~"b ~ HI'9 Z 5Y'ZllI: ..to.SO.IN H1'ggol t..,,~b ~ ~ ;. ,...-i- ;j;"t ...... SOOll .z ............. co '" 7'\ ~ ... ~ :R;ll .; , . ... '" ::: ~~ ~ '"' ~~ ",. :"~ '" -. f ~ ~ '<: <V ::j 59\ .. C:l ~ 0- '!? w ... o ;., ~~ ., , 7: ... ,..; N .... ~ !':? H100S ...~ ~~ 5 ~ -:',.J ~ ~ ~ ~ ~. ~ ~ ~ ~\x.~ ~~~ t~~ . . ~o . /! ' " a. tl" - . . ~ < ~I ... _ c::r- ~ ~ ~ .~ ~ ~ ~ ::x- I GO c6~ \n E"hibt\. f.) SSLt~ lBW NOa~ Nd90:Z1 L6-50-60 Et:'6-~'^' Df.}.o. --~ ... --- // / / , ~, I I { ( ! .t:.-. ',.. . . CITY OF SHOREWOOD RESOLUTION NO. 97- A RESOLUTION APPROVING A SINGLE TEMPORARY GAMBLING LICENSE WHEREAS, the Shorewood City Code, Chapter 301, provides for the licensing of certain gambling activities in the City; and WHEREAS, the City prescribes certain restrictions concerning eligibility for such licensing and application, whereby the licensee will hold the City hannless for all claims arising out of the granting of such license; and WHEREAS, the following applicant has met the eligibility requirements for such a license and has agreed to all terms and conditions of the agreement contained in the license. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Shorewood as follows: That a single temporary license for the conduct of gambling as specified in the terms, and conditions of the license be issued to Sons of the American Legion. Said raffle to be held on Friday, December 12, 1997 at the American Legion Post 259,24450 Smithtown Road, Shorewood, Minnesota. 1997. ADOPTED by the City Council of the City of Shorewood this 10th day of November, Tom Dahlberg, Mayor ATTEST: James C. Hurm, City Administrator/Clerk -*3~ r - LG220 Rev06/96 Minnesota Lawful Gambling Application for Authorization for an Exemption from Lawful Gambling License For Board Use Only Fee Paid Check # Initals Date Recd Organization Name ~OVl ~ or T 1Ie.- ~ eLlV"fn-). e.J to'";., -- -.pr-evieus-1awful-gambling exemption number C LA. ence C}o Fe Itor? ~S-7 x-oC;:?J.. 93-77-00/ Street City State Zip Code County ').. o/1bO S;Yl~f/' lot.(Jr'] Je ),hWfewtJd MN s5-33 i Name of Chief Executive Officer of organization (CEO) Daytime Phone number of CEO First Name Last Name ~ / /; 1//T-Y7 (l/J)ijq- :2 t 7" reasurer Last Name Daytime Phone Number of Treasurer D Fraternal Qg Veterans D Religious D Other nonprofit Check the box that indicates the type of proof attached to this application by your organization: D IRS letter indicating income tax exempt status D Certificate of good standing from the Minnesota Secretary of State's office D A charter showing you're an affiliate of a parent nonprofit aganization ~ Proof previously submitted and on file with the Gambling Control Board Name of Establishment where gambling activity will be conducted 11 -e- 4mt-rf/("/fn o~t ~S-<] Street City State :;'tf'fSD ~h1}lhfovvn /?C/ 5~~~~'-Voccl fI1/fJ Date(s) of activity (for raffles, indicate the date of the drawing) ST 33 I County !Ie"" e 1';' Zip Code / f2. - J'lJ.... - 97 Check the box or boxes which indicate the type of gambling activity your organization will be conducting D *Bingo t8" Raffles D *Paddlewheels D *Pull-tabs m *Tipboards - - *Equipment for these activities must be obtained from a licensed distributor Be sure the Local Unit of Government and the CEO of your organization sign the reverse side of this application. For Board Use Only Date & Initials of Specialist / L - . Is this gambling premises located within city lirnits?[ZJ Yes 0 No If Yes, write the name of the C!ty: ../ City Name 54o/f~l.(/ocJ<< If No, write the name of the County and the Township: County Name Township Name Check the appropriate status of the Township: 0 organized, 0 unorganized 0 unincorporated 1. The city must sign this application if the gambling premises is within city limits. 2. The county and township must sign this applica- tion if the gambling premises is not within city limits. 3. DO NOT submit this application to the Gambling Control Board if it is denied by the local unit of government. 4. NOTE: A Township may not deny an application. Upon submission of this application to the Gambling Control Board, the exemption will be issued not more than 30 days (60 days for cities of the 1 st class) from the date the local unit of government . signed the application, provided the application is complete and all necessary information has been . received, unless the local unit of government passes a resolution to specifically prohibit the activity. A copy of that resolution must be received by the Gambling Control Board within 30 days of the date filled in below. Cities of the first class have 60 days in which to disallow the activity. City or County Acknowledgment of Receipt of Township Acknowledgment of Awareness of Application Application Signature of person receiving application Signature of person acknowledging application Date Received: Title of person receiving application Date Signed: Title of person acknowledging application I ha~ z: information is true, accurate and comPI::te: Submit the application at least45 days prior to your scheduled date of activity. Be sure to attach the $25 application fee and a copy of your proof of nonprofit status. Mail the complete application and attachments to: Gambling Control Board 1711 W. County Rd B Suite 3005 Roseville, MN 55113 This publication will be made available in alternative format (i.e. large print, braille) upon request. Questions on this form .should..be directed to the Licensing Section of the Gambling Control Board at (612)639-4000. Hearing impaired. individuals using a TDD may call the Minnesota Relay Service at 1-800-627-3529 in the Greater Minnesota Area or 297-5353 in the Metro Area. The information requested on this form will be used by the Gambling Control Board (GCB) to determine your compliance with Minnesota Statues and rules governing lawful gambling activities. All of the information that you supply on this form will become public information when received by the GCB. /0 - :5 0.- '7 "/ To: Mayor and City Council James C. Hurm, City Administrator From: Date: October 31, 1997 Re: Extension of the Contract with Ken Potts for Prosecution Services . On Wednesday, October 29, the administrators of Tonka Bay, Excelsior and Shorewood met here with Ken Potts regarding prosecuting services. He has been the prosecutor for approximately five years. We have been very pleased with the service he offers. As the enclosed material indicates, his prosecution services have averaged Shorewood a cost of $60 to $65 per hour. This two year extension on his agreement (1998 and 1999) will see no increase in the total fee. The agreement is for $18,100 per year. He anticipates more hours will be required during this two year period because of changes in DWI laws. However, because he is now acting as the prosecuting attorney for the City of Orono, there are certain efficiencies that can be realized. We recommend approval of the two year extension of contract for prosecuting services with Ken Potts as proposed. . #3F . '. KENNETH N. POTTS, P.A. ATTORNEY AT LAW Mr. James C. Hurm Shorewood City Manager City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Dear Jim: ;'0 Ie;' 0 r-I~ 11\\-171--:;::::': ::F" ((:, II \V! t~ i '.: ~,; ilLf;;y~!-,1 \. !c~f\ii i!Uj '.. -_. -' -~I' Iii I~~ DC jJ 0 1997 MI ! By I 1000 SUPERIOR BOULEVARD SUITE 300 WAYZATA, MINNESOTA 55391 TELEPHONE (612) 475-0704 TELECOPIER (612) 476-4447 October 29, 1997 Re: Letters of Agreement Enclosed please find the following: 1) Letter of Agreement in regard to Prosecution for the years of 1998 and 1999. 2) Position Description. 3) Letter of Agreement in regard to Forfeitures. Thank you for your attention to this matter. KNP/sb Enc. ~(61b Kenneth N. Potts LETTER OF AGREEMENT To the Shorewood City Council, As a duly licensed attorney to practice law in the State of Min- nesota, I agree to perform all the duties outlined in the attached Joint Prosecuting Attorney Position Description for the City of Shorewood upon appointment by the City Council. Further I agree to the following: . Term of Emplovrnent. The City employs Prosecutor as an attorney for a term beginning January I, 1998 and ending on December 31, 1999 unless terminated under the termination paragraph. Termination. This Agreement shall terminate as follows: a) By mutual agreement of the parties. b) Upon the death of the prosecutor. c) If the City is dissatisfied with the performance of the prosecutor it may terminate the agreement upon 30 days written notice after which the City shall have no further liability to the prosecutor. . d) In addition, the City shall have the right to terminate this Agreement immediately upon the occurrence of anyone of the following events: 1) The revocation or suspension of longer than 30 days of Prosecutor's license to practice law in the State of Minnesota. 2) The conviction of Prosecutor of any crime punishable as a felony involving moral turpitude or immoral conduct. . . Shorewood City Council Page Two Compensation; The City shall pay to the Prosecutor as compensation for his services $18/100.00 per year. Said fee paid by the City encompasses the entire amount owed/ except for expenses such as subpoena fees / filing fees and transcript fees. The City shall pay prosecutor one twel veth of said annual amount each month upon receipt of invoice and report of activity. Entire Aqreement; Modifications; waiver. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements/ representations and understandings of the parties. No supplement/ modifications or amendment of this Agreement shall be deemed/ or shall constitute/ waiver of any other provision/ whether or not similar/ nor shall any waiver con- stititute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. Sincerely/ ud;J Kenneth N. Potts (Dw/J9w ~l Date POSITION DESCRIPTION JOINT PROSECUTING ATTORNEY The City Councils of Shorewood, Excelsior, and Tonka Bay have recognized the merits of selecting one attorney to render joint prosecuting services. It is the intent of this position description to outline the duties of a prosecuting attorney appointed separately by the three City councils. 1.1) Duties and Supervision. During the term of this Agreement, the Prosecutor agrees to perform the following duties: 1. Prosecution of all petty misdemeanor, misdemeanor and some gross misdemeanor offenses commi tted within the corporate limits of the cities. 2. Preparation of criminal complaints. 3. Evaluate all cases where a plea of not guilty is entered. . A. Prosecute if warranted B. Prepare pre-trial Rasmussen notice if required C. Seek a complete additional investigation if required D. Plea bargain where advisable 4. Represent cities in all pre-trial motions. 5. Perform all needed legal research and prepare briefs ,when required or advisable. 6. Appear at arraignments. 7. Try all court or jury cases. . 8. Appear at all pre-trials and trial meetings. 9. Examine and evaluate whether a case should be appealed. 10. Prepare appellate briefs and other necessary documents for all appeals and argue the case at oral arguments. . 11. Make an accurate accounting of all hours spent by activity, at least monthly, to each City. 12. Provide advice, consultation and training where required to the South Lake Minnetonka Public Safety Department, and to all other departments of the ci ties in the interpretation and enforcement of statutes or ordinances and investigations of suspected violations, in connection with the prosecution of criminal cases. 13. Performs other work as required for the proper discharge of prosecutorial duties for the cities. . . APPOINTMENT OF BACKUP 2.1) The prosecutor agrees to provide all the prosecution services himself. That should he be unavailable through illness, vacation or calendar conflicts that Prosecutor shall designate another attorney as a backup with the approval of the City Manager. That the backup attorney may be an attorney from the Prosecutor's firm or outside the Prosecutor's firm. That in no event shall the assignment of a backup attorney result in additional charges or fees to the cities. CONFLICT OF INTEREST 3.1) Should a conflict of interest arise the prosecutor shall refer the matter to the City Manager and the City Manager will select an attorney to prosecute the matter. The prosecutor will aide in the selection of this attorney upon request of the City Manager. The City Manager will negotiate with the attorney to arrive at reasonable fee arrangement. These fees will be paid in addition to the agreed upon compensation set forth in the letter of agreement. ERRORS AND OMISSIONS 4.1) The Prosecutor, at his own expense, will maintain an errors and omissions policy or malpractice insurance holding the City harmless for any alleged errors or omissions of the Prosecutor. LETTER OF AGREEMENT IN REGARD TO FORFEITURES To the Shorewood City Council, The council has determined that it is in the best interests of their citizens that vehicles being driven by multiple DWl offenders be forfeited to city. I agree to pursue forfeiture actions as set forth in Minn. Stat. 169.1217. This would include the following services: a) Filing the Summons and Complaint. b) Bringing the appropriate motions. c) Trying the case to the Court. . d) Filing all appellate pleadings if necessary. c) Obtaining appropriate title so the vehicle can be sold or maintained as set forth in the statute. Compensation; The City shall pay attorney Kenneth N. Potts $70.00 per hour plus expenses, if any, to represent it in these forfeiture actions. Term of Employment. The City employs Kenneth N. Potts as the attorney to represent it in these forfeiture actions beginning January 1, 1998 and ending on December 31, 1999. Termination. Should the City discover that the costs of pursuing . these forfeiture actions outweigh the benefits the City may . . terminate this agreement immediately. Sincerely, ~!!f: I()- J/~97 Date -, ! c: /~ 'r-: II ~-\ / J ,~ ~ ! ....'--..'.\i Ie. l.C0 1,1. ,'V/ !?~ I ..1,_.... ""'---'-./' : U/ ~ -- - .. ~ If 'i:i OCT:2 8 1997 IUI1li/1 u ;.: 'tJ By ot:toler 24, 1997 Certified Public Accountants & Consultants 1060 Northland Plaza 3800 West 8QIh Street Minneapolis, MN 55431 Honorable Mayor and City Council City of Shorewood . Shorewood, Minnesota Weare pleased to confIrm our understanding of the services we are to provide for the City of Shorewood for the year ended December 31, 1997 . We will audit the general purpose fInancial statements of the City of Shorewood as of and for the year ended December 31, 1997. Our audit will be conducted in accordance with generally accepted auditing standards and the standards for fmancial 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 an unqualifIed opinion that the fmanciaI statements are fairly presented, in all material respects, in conformity with generally accepted accounting principles. If our opinion is other than unqualifIed, we will fully discuss the reasons with you in advance. The management of the City of Shorewood is responsible for establishing and maintaining an internal control . structure. In fulfIlling the responsibility, estimates and judgments by management are required to assess the expected benefIts and related costs of internal control structure policies and procedures. The objectives of an internal control structure are to provide management with reasonable, but not absolute, assurance that assets are safeguarded against loss from unauthorized use or disposition and that transactions are executed in accordance with management's authorizations and recorded properly to permit the preparation of general purpose fmanciaI statements in accordance with generally accepted accounting principles. In planning and performing our audit for the year ended December 31, 1997, we will consider the internal control structure in order to determine our auditing procedures for the purpose of expressing our opinion on the City of Shorewood' general purpose fmancial statements and not to provide assurance on the internal control structure. 612.835.9090 . Fax 612.896.3620 4t3Lr m ~~ City of Shorewood October 24, 1997 Page Two We will obtain an understanding of the design of the relevant policies and procedures and whether they have been placed in operation, and we will assess control risk. Tests of controls may be performed to test the effectiveness of certain policies and procedures that we consider relevant to preventing and detecting errors and irregularities 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 [mancial statements. (Tests of control 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 the internal control structure policies and procedures and, accordingly, no opinion will be expressed. We will inform you of any matters involving internal control structure 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 structure that, in our judgment, could adversely affect the entity's ability to record, process, summarize, and report [mancial data consistent with the assertions of management in the general purpose [mancial statements. Compliance with laws, regulations, contracts, and grant agreements applicable to the City of Shorewood is the responsibility of the City's management. As part of obtaining reasonable assurance about whether the general purpose [mancial statements are free of material misstatements, we will perform tests of the City's compliance with certain provisions of laws, regulations, contracts, and grants. However, the objective of our audit will not be to provide an opinion on overall compliance with such provisions, 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 our engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit, we will also request certain written representations . from you about the [mancial 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. Also, we will plan and perform the audit to obtain reasonable assurance about whether the [mancial statements are free of material misstatement. However, because of the concept of reasonable assurance and because we will not perform a detailed examination of all transactions, there is a risk that material error~, irregularities, or illegal acts, including fraud or defalcations, may exist and not be detected by us. We will inform you, however, of any matters of that nature that come to our attention, unless they are 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. We understand that you will provide us with the basic 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 [mancial statements, but the responsibility for the [mancial statements remains with you. This responsibility includes the maintenance of adequate records and related internal control structure policies and procedures, the selection and application of accounting principles, and the safeguarding of assets. m ~~~ City of Shorewood October 24, 1997 Page Three Our audit is not specifically designed and cannot be relied on to disclose reportable conditions, that is, significant deficiencies in the design or operation of the internal control structure. However, during the audit, if we become aware of such reportable conditions or ways that we believe management practices can be improved, we will communicate them to you in a separate letter. Our fees for these services will be based on the actual time spent at our standard hourly rates, including travel and other out-of-pocket costs such as report production, typing, postage, etc. 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. /J1 Based on our preliminary estimates, the fee will approximate ~ for the City. This estimate is based on l{ . anticipated cooperation from your personnel and the assumptio'hlital 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 cost. Our audit report should be used only in its entirety. Any reproduction or publication of all or part of our report should be done only with our prior approval and review. 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 rtified Public Accountants · RMm~ RESPONSE: This letter correctly sets forth the understanding of the City of Shorewood. Signature: Title: Date: .. .. . ----/' MAYOR Tom Dahlberg CITY OF SHOREWOOD COUNCIL Kristi Stover Jennifer McCarty Jerry O'Neill John Garfunkel 5755 COUNTRY CLUB ROAD SHOREWOOD, MINNESOTA 55331-8927 (612) 474-3236 FAX (612) 474-0128 www.state.netlshorewood cityhall@shorewood.state.net MEMORANDUM // TO: Mayor and City Council James Hurm, City Administrator FROM: Larry Brown, Director of Public Works J}) . DATE: November 5, 1997 RE: A Motion to Approve an Amendment to Extend the Deadline Date For the Proposed WatermainAgreement - South Border Watermain Extension On September 8, 1997, the City Council approved a resolution for the South Border Watermain Extension which declared adequacy of the petition and directed staff to prepare an. agreement with the petitioners for the South Border Watermain Extension. This would be the initial step to. commence with the feasibility report process. Staff has forwarded a copy of the agreement to the petitIoners for their review and approval. Attachments 1 and 2 are the resolution adopted by the Council and the agreement forwarded to the petitioners. . Paragraph 5. of the agreement states the following: Not later than the time the petition is accepted by the City Council, the petitioners will provide the city with a deposit equal to the City Engineer's estimate of the cost of preparing the feasibility report. The city may treat the, petition as having been withdrawn if the deposit is not made by November 17, 1997. This statement was adopted as part of the generic form of the agreement (45.days versus a specific date), to insure that both the City and the petitioners were clear about the status of a petition if not acted upon. Mr. William RummIer, petitioner and spokesperson for the group, has requested that the date for making the cash deposit be moved to June 1st, 1998. This is necessary since several of the petitioners are preparing to leave the state for the winter season. Since the City's purpose for the deadline is for clarity of the status of a petition versus a project related deadline, it is therefore recommended that the agreement be revised as requested to include June 1, 1998 as the deadline for the-cash deposit for preparation offeasibility report. If approved, revised agreements will be forwarded to each petitioner. 314 A Residential Community on Lake Minnetonka's South Shore . .. ~ CITY OF SHOREWOOD RESOLUTIONNO. 97- 73 A RESOLUTION DECLARING THE ADEQUACY OF APETTIaONFOR~ROVE~NTS WHEREAS, the City has received a petition (petition) requesting that the City allow the watermain to be extended to the petitioners' property; and WHEREAS, the petition requests that the City research options for extension and related costs; and WHEREAS, the names of those petitioners and their associated locations are as follow: 1. 2. 3. 4. William RummIer ..............................27970 Smithtown Road William Gotschall..............................27980 Smithtown Road Frank Fox .........................................27990 Smithtown Road William Pye.......................................27968 Smithtown Road . WHEREAS, the City has reviewed the Petition and identified the owners of the real properties named in the Petition and has determined that the Petition has been duly executed by the owners of 100% of real property affected by the Improvement; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood, Nfinnesota: 1. The Petition is hereby declared to have been signed by the owners of 100% of the real properties named in the petition as the location of the improvements. This declaration is made in confonnity to Minnesota Statutes, Section 429.035. 2. The petition is hereby referred to the City Engineer for study contingent upon said petitioners entering into an agreement with the City of Shorewood, attached hereto as Attachment I, and that the City Engineer is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is necessary, cost-effective, and feasIble. . ADOPTED BY THE CITY COUNCIL of the City of Shore wood this 8th day of September, 1997. ATTEST: c/ _' v] . Hurm, City Administrator/Clerk Jam Attachment 1 October 6, 1997 (c(o)lP1f' CITY OF SHOREWOOD MAYOR Tom Dahlberg ..--. COUNCIL Krist! Stover Jennifer McCarty Jerry ONeill - . -- John Garfunkel 5755 COUNTRY CLUB ROAD SHOREWOOD, MINNESOTA 55331-8927 (612) 474-3236 FAX (612) 474-0128 www.state.netlshorewood cityhall@shorewood.state.net PRO:IFrT ~~~~~ Mr. William Rummler 27970 Smithtown Road Shorewood, MN 55331 . RE: Agreement Between Petitioners and the City of Shorewood for the Extension of Municipal Watermain Dear Mr. Rummler: As you are aware, the City Council has formally accepted the petition for the extension of municipal water service adjacent your property. The Council has directed that a formal agreement be presented to all of the petitioners which outlines the procedure and process that this project will follow. Attachment 1 is that agreement. Each one of the petitioners is listed as a signatory to the agreement. A copy of this agreement has been sent to all of the petitioners for their review and approval, if appropriate. - . Attachment 2 is the proposal sent to the City of Shorewood by OSM Associates, Inc. OSM is the City of Shorewood's engineering consultant for such projects. This proposal-outlines the following fee structure: - Steo 1 2 3 Descriotion Preparation of the Feasibility Report Preliminary Survey and Design Construction Survey and Inspection Fee $1,980 $3,720 $3,300 In accordance with the agreement, the petitioners must provide a deposit for step 1 for the amount of $1,980 prior to initiation of the feasibility report. Once a feasibility report has been prepared outlining if the project is technically and financially feasible, petitioners would have the opportunity to decide if the project proceeds to the next step. Similarly, steps 2 and 3 would follow a similar process for each step. A Residential Community on Lake Minnetonka's South Shore Attachment 2 As mentioned earlier, each petitioner on record as been forwarded a copy of this agreement. If the agreement is acceptable to all parties, please forward one original with all of the signatures listed on the document. Please notice that in the instance of joint ownership of a parcel, (for example husband and wife) both parties are required to sign the agreement. Please retain Exhibit A until such time as the construction costs have been locked in by the bidding or negotiating process. Please return one copy of the executed agreement (Attachment 1 only) with a check payable to the City of Shorewood for the amount of $1,980 on or before November 17, 1997. If you have any questions or need additional information, do not hesitate to contact me at 474-3236. Sincerely, CITY OF SHOREWOOD ~~~~ Larry Brown, PE Director of Public Works cc: James Hurm, City Administrator John Dean, City Attorney -~ . . . . -' CONSENT AND AGREEMENT SOUTH BORDER 'WATERMAINEXTENSIONPROJECT THE UNDERSIGNED Petitioners hereby consent, agree and understand as follows: 1. They represent 100% of the owners of real property identified as : 27970 Smithtown Road 27990 Smithtown Road 27980 Smithtown Road 27968 Smithtown Road 2. They have petitioned the City to construct the following public improvement ("Improvement") along or Within such properties: To extend municipal watermain along or through said properties from the existing watermain within the public right ofwav known as Smithtown Road. west. to a location to be determined by an Engineering Feasibility Report. and to finance the entire cost of the Improvement through a combination of special assessments and user fees to be charged against their properties. 3. Following acceptance of the petition by the City Council, the City Engineer win cause to have, prepared a feasibility report on the Improvement. The feasibility report will address issues including an estimate of the cost of the Improvement. 4. If the Improvement is determined to be feasible, the City Council, given this agreement, will direct the preparation of plans and specifications, and, depending on the estimated cost, will call for bids on the Improvement. The preparation of plans and specifications win ordinarily provide further information regarding the cost of the Improvement. 5. Not later than the time the petition is considered for acceptance by the City Council, the petitioners will provide the city with a deposit equal to the City Engineer's estimate of the cost of preparing the feasibility report. The city may treat the petition as having been withdrawn if the deposit is not made by November 17, 1997. ATfACH.ME1'.1T 1 6. Not later than the date on which the City Council directs the preparation of plans and specifications for the Improvement, the undersigned will deposit with the city an amount equal to the City Engineer's estimate of the cost of preparation of plans and specifications and the cost of public bidding, if required. The deposit shall also include the cost of preparation of the feasibility report, if not previously deposited. The City may treat the petition as having been withdrawn if the deposit is not made by the earlier of the date the City Council is scheduled to consider directing preparation of plans and specifications or 30 days following receipt on the feasibility report. 7. Not later than five days following the date on which the bids for the Improvement have been opened and tabulated, the undersigned ,will provide the City with waiver executed by all the . petitioners in substantially the form of the attached Exhibit A. In the event that all the waivers are not so provided, the City may treat the petition as having been withdrawn, may reject all bids and may abandon further consideration of the Improvement. 8. If the petitioners fail to make the deposit provided for in paragraph 6 above, or for any other reason withdrawn their petition, the city shall be entitled to apply the deposit required under paragraph 5 to reimburse it for all costs and expenses which it incurred in connection with preparation of the feasibility report. 9. If the petitioners fail to execute and deliver the instrument provided for in paragraph 7 above, or for any other reason withdraw the petition, the city shall be entitled to apply the deposit required under paragraph 6 to reimburse it for the costs and expenses which the City incurred and which were to be covered by that deposit. . 10. Upon execution and delivery of the instrument descnbed in Exhibit A the City shall award the contract in the manner provided by law and proceed with the construction of the improvement and assessment of the costs against the petitioner; and either return the deposits to petitioners or apply them against Improvements as the parties may agree. If the City holds the deposits in an interest bearing account, any earned interest will be referred to petitioners when the deposit is returned. . . .. The undersigned have read this document, are fully informed of its contents and agree to be fully bound by its terms. Property Owner 1 27970 Smithtown Road Date Property Owner 2 27970 SmithtownRoad Date Property Owner 1 27980 Smithtown Road Date Property Owner 2 27980 Smithtown Road Date Property Owner 1 27990 Smithtown Road Date Property Owner 2 27990 Smithtown Road Date Property Owner 1 27968 Smithtown Road Date Property Owner 2 27968 Smithtown Road Date EXHIBIT A WAIVER AGREEMENT The undersigned is the owner of property located at in the City of Shorewood and legally described as The undersigned together with the owners of other property has petitioned the City of Shorewood to construct the following public improvement and have agreed that 100% of the cost of the improvement be charged against the petitioners' . . properties through a combination of special assessments and user charges for water service. . The undersigned understands that the cost of the project may be as much as and the amount assessed against the undersigned's property may be as much as The undersigned understand that the project is economically feasible only because the special assessment which they have agreed to pay is greater than the ordinary special assessment provided for in the City Code. The undersigned also understand that they will additionally be charged a connection charge within 30 days after the acceptance of the project by the City Council of Shorewood. . The undersigned understands that state law gives them the right to appeal the levy of special assessments against their property. The undersigned. for themselves and their successors and assigns hereby waive any ~ghts to appeal either with respect to the procedure or the amount of any special assessment which is levied in accordance with the dollar limitations contained in this agreement. Dated: EXHIBIT A .. OCT-06-1997 11:16 P.la2 4{ As.mdtltes EnglneefS Architects Planners Surveyors . . . . ~ 1 1922-1997 October S, 1997 Mr. Larry Brown Director of Public WorKs City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Re: South Boarder - Water Main extension Proposal tor engineering seMces Dear Larry: We are pleased to have the opportunity to present to the City ot Shorewoocl this proposai for engineering services for the above reterenc.ed project OSM and Associates, Inc. proposes to provide preliminary survey (topography) and design phase services consisting of preparation of a feasibility study report., plans and speclficatfons for the subject project. The preliminary survey information is proposed to tie into the hOrlzontaJ and vertical control from the Smiihtown Road South-Link project. We understand this project consists of the preparation of alternative extensions at water service main from the 6-inch stub along the west right-of-way line of Smithtown Road to serve approximately four residents along the Iakeshore properties. We propose to perton'll these services at your direction on a time and materials basis in accordance with our 1997 fee schedule (1998 fee schedule if this project extends beyond December 31, 1997). We estimate these preliminary survey and design. phases services will amount to approximately $5,700. Additionally, we propose to perfonn the associated construction phBSQ.$ services of COn$b"Uction staking and obseJVation on a time and materials basis in accordance with our 1997 tee. schedule (1998 fee schedule if this project extends beyond December 31, 1997). An itemized opinion of cost for Elach phase of work to be performed is as follows: ~ Feasibifdy Study Report .. Prerminary survey · Design - Plans and SpecificatIons ~ Construction Phase $1,980 $1,420 $2,300 $3,300 Addilional miscellaneous expenses consist of $240 for Minnesota Department of Health permit, printing and mileage costs associated with the above mentioned tasks.. We greatly appreciate the opportunity to present this proposal for your conside~, If you find this proposaJ acceptable, we are available to begin work immediately. h:'97009.~.psJ 300 Parte Ptace East 5775 YIayzata Baulevard MianeapoiIs," 5541&-1228 612-695-5775 FAX 612-595-6773 1-800-753-5775 l , · 11/05/97 WED 09: 01 FAX 612 336 3885 FAEGRE & BENSON 141 002 filE COpy AMY 1.. HIaNNlN 61 21335-3343 November 4. 1997 Jim Hunn City Manager City of Shorewood 5755 Country Club Road Shorewood,~nnesma 55331 Re: Resolution No. 5-88 Correction Dear Mr. Hunn: . Enclosed please find a proposed correction to the above-referenced resolution passed by the City Council of the City of Shorewood on January 11, 1988 and recorded on March 18, 1988 as Document No. 5389151 (the "Resolution"). In 1988. James and Dona Priest and Marvin and Hazel Boote applied to the City of Shorewood to have an approximately 25 foot segment of the Priest property transferred to the Bootes. In that transaction, a gap in the legal description became apparent . The Priest and Boote property was divided into three new parcels which were described as Parcels 4, 5, and 6. The legal description attached to the Resolution described Parcel 6 as consisting of three pieces ofland (original1y described by the sunieyor as Parcels 2, 2A, and 3A, hereinafter "Parcel 6"). Please see the attached survey for a physical representation of Parcel 6 as currently described in the Resolution (<<Survey 1 "). As you can see, the northern portion ofParce16 (old Parcel 3A) is included with the southern portion of Parcel 6 (old Parcels 2 and 2A) even though the parties intended that the northern portion attach to the Priest property (as described as Parcel 4 in the Resolution). The larger Parcel 3, as depicted on the survey, was described as part ofParce1 4 in the Resolution (hereinafter "Parcel 4"). Parcel 4. until November 3, 1997. was owned by James and nona Priest. The property to the west of Parcel 4 is currently owned by Marvin and Hazel Boote. The 25 foot strip of land comprising old Parcel 2, the southern portion of Parcel 6, is currently owned by Marvin and Hazel Boote. The effect of the Resolution was to create Parcel 6 which, when recorded, indicated to Hennepin County that the northern portion of the gap (old Parcel 3A) belonged to the Bootes. when, at all times. the Bootes and the Priests had intended that it be owned by the Priests. jF3I 11/05/97 WED 09:02 FAX 612 336 3885 FAEGRE & BENSON James and Dona Priest transferred title to Parcel 4 yesterday to a third party. In connection with that transaction. the Bootes delivered a new quit claim deed of old Parce13A to the Priests (see attached). To correct the Resolution to reflect the intention of the parties (and, we believe, the City), we propose that Parcel 4 include in its legal description the northern portion of Parcel 6 (old Parcel 3 A), which lies continuous to Parcel 4. The legal description of Parcel 6 would accordingly be corrected to describe only the land designated as Parcel 2 and Parcel 2A on the survey, the southern portion of Parcel 6 as described currently in the Resolution. Please see a second attached surrey (<'Swvey 2") for a depiction of the proposed correction. Therefore Exhibit E to the Resolution should be corrected in the manner described in the attachment to this letter ("'Exhibit E-l j. This land division represents the intent of both the Priests and the Bootes. Please consider this matter and contact me with any questions or comments you may have. Very truly yours, Amy L. Hennen ALH:a1h Enclosures cc: Marvin and Hazel Boote (wi end) James and Dona Priest (wi encl) Sue Booker (wi end) bee: Thomas M Crosby, Jr. Thomas M. Mayerle Ml,0313539.02 I4J 003' J f . . CITY OF SHOREWOOD RESOLUTION NO. 97- A RESOLUTION CORRECTING RESOLUTION NO. 5-88 WHEREAS, Marvin L. Boote and Hazel M. Boote, husband and wife, acquired certain property from James D. Priest and Ilona G. Priest, husband and wife; and WHEREAS, in that transaction a gap in the legal descriptions describing the adjacent properties owned by the Bootes and the Priests became apparent; and WHEREAS, Resolution No. 5-88 did not accurately describe the transaction contemplated by the City, the Bootes, and the Priests; and WHEREAS, the subdivision authorized by Resolution No. 5-88 should be corrected. . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. Exhibit E Attached to Resolution No. 5-88 is hereby replaced in its entirety by Exhibit E-1 attached hereto. 2. In all other respects, Resolution No. 5-88 is hereby ratified and confirmed. 3. That the City Clerk furnish the Priests and Bootes with a certified copy of this resolution for recording purposes. 4. That this resolution can be recorded with the Hennepin County Recorder or Registrar of Titles. ADOPTED by the Shorewood City Council on the 10th day of November, 1997. . ATTEST: TOM DAHLBERG, MAYOR JAMES C. HURM, CITY ADMINISTRATOR 11/06/97 THU 08:31 FAX 612 336 3885 FAEGRE & BENSON ~.xhibit E-l Parcel 4: Lot 78, and also that part of Lot 79 lying North of a line running across said Lot 79 and at right angles to the East line of said Lot 79 from a point on the said East line 430 feet North along the said East line from the Southeast comer of said Lot 79, also that part of the West 150 feet of Lot 79 lying between a line running across said Lot 79 and at right angles to the East line of said Lot 79 from a point on the said East line 430 feet North along the said East line from the Southeast comer of said Lot 79 and a line running across said Lot 79 and at right angles to the West line of said Lot 79 from a point on the said West line 242 feet North along the said West line from the Southwest corner of said Lot 79, all in Auditor's Subdivision Number One Hundred Thirty-three (133), Hennepin County, Minnesota; and 141 002 That part of Lot 31, Auditor's Subdivision No. 133, Hennepin County, Minnesota, . lying easterly of a line drawn from a point on the northerly Hne of Yellowstone Trail distant 190 feet southwesterly from the intersection of the northerly line of said Yellowstone Trail with the east line of said Lot 31 to a point on the northerly line of said Lot 31 distant 351 .8 feet southwesterly from the northeast comer thereot: and northerly of the following described line: Commencing at the intersection of the east line of said Lot 31 with the northerly right of way line of Yellowstone Trail; thence North 02 degrees 04 minutes 14 seconds East, assumed basis for bearings, '137.57 feet, along said east line, to the begimJing of the line to be described; thence South 76 degrees 13 minutes 10 seconds West to the westerly line of said Lot 31, and there terminating; and That part of Lot 31, Auditor's Subdivision No. 133, Hennepin County, Minnesota, lying we.c;terly of a line drawn from a point on the northerly line of Glenco Road (now Yellowstone Trail) distant 190 feet southwesterly from the intersection of the northerly line of said Glenco Road with the east line of said Lot 31 to a point on the northerly line of said Lot 31 distant 351.8 feet southwesterly from the northeast comer thereof, and lying northerly of a line described herein as Line:x, and lying easterly of a line described herein as Line Y. Description of Line X: Commencing at the intersection of the east line of said Lot 31 with the north.erly right of way line of Yellowstone Trail; thence North 02 degrees 04 minutes 14 seconds East, assumed basis for bearings, 237.57 feet, along said east line, to the beginning of the line to be described; thence South 76 degrees 13 minutes 10 seconds West to the westerly line of said Lot 31, and there terminating. Description of Line Y; . 11/06/97 THU 08:32 FAX 612 336 3885 FAEGRE & BENSON 141 003 Beginning at a point on said Line X, distant 252.24 feet southwesterly from the beginning of said Line X; then North 12 degrees 38 minutes 59 seconds West to the northerly line of said Lot 31, and there terminating. Parcel 5: That part of Lot 31, Auditor's Subdivision No. 133, Hennepin County, Minnesota, described as follows: . Beginning at the intersection of the east line of said Lot 31 with the northerly right of way line of Yellowstone Trail; thence North 02 degrees 04 minutes 14 seconds East, assumed basis for bearings, 237.57 feet, along said east line; thence South 76 degrees 13 minutes 10 seconds West 227.36 feet; thence South 11 degrees 57 minutes 21 seconds East 220.49 feet, to the northerly right of way line of Yellowstone Trail; thence easterly, along said right of way l1ne, 169.93 feet, on anon-tangential curve. concave to the South, radius 934.63 feet, central angle 10 degrees 2S minutes 01 seconds, and chord bearing of North 18 degrees 58 minutes 31 seconds; to the point of beginning. Parcel 6: That part of Lot 31, Auditor's Subdivision No. 133, Hennepin County, Minnesota, lying westerly of a line drawn from a point on the northerly line of Yellowstone Trail distant 1 90 feet southwesterly from the intersection of the northerly line of said Yellowstone Trail with the East line of said Lot 31 to a pomt on the northerly line of said Lot 31 distant 351.8 feet southwesterly from the northeast corner thereot; excepting that taken for roads; and excepting: . That part of Lot 31, Auditor's Subdivision No. 133, Hennepin County, Minnesota, lying westerly of a line drawn from a point on the northerly line of Yellowstone Trail distant J 90 feet southwesterly from the intersection of the northerly line of said Yellowstone Trail with the east line of said Lot 31 to a point on the northerly line of said Lot 31 distant 351.8 feet southwesterly from the northeast comer thereof: and lying northerly of a line described herein as Line X, and lying easterly of a line described herein as Line Y. Description of Line X: Commencing at the intersection of the east line of said Lot 31 with the northerly right of way line of Yellowstone Trail; thence North 02 degrees 04 minutes 14 seconds East, assumed basis for bearings, 237.57 feet, along said eas~ line, to the beginning of the line to be described; thence South 76 degrees 13 minutes 10 seconds West to the westerly line of said Lot 31, and there terminating. Description of Line Y: Beginning at a point on said Line X, distant 252.24 feet southwesterly from the beginning of said Line X; then North 12 degrees 38 minutes 59 seconds West to the northerly line of said Lot 31, and there terminating; and 11/06/97 THU 08:32 FAX 612 336 3885 F AEGRE & BENSON 141 004 Commencing at the intersection of the east line of said Lot 31 with the northerly right of way line ofYe11owstone Trail; thence North 02 degrees 04 minutes 14 seconds East, assumed basis for bearings, 237.57 feet, along said east line; thence South 76 degrees 13 minutes 10 seconds West 227.36 feet, to the point ofbeginmng: thence South 76 degrees 13 minutes 10 seconds West 24.88 feet; thence South 12 degrees 38 minutes S9 seconds East to the northerly right of way line of Trail; thence easterly along said right of way line to a line bearing South It degrees 57 minutes 21 seconds East from the point of beginning; thence North 11 degrees 57 minutes 21 seconds East, along said line to the point of beginning, . . 11/05/97 WED . - I "'. I " . ~ .".... ~ ? c.::J ~ lJ) . ..,.' ,-"--- , I , ~ ~: Car. L4t 31) k, c. QYet. i (111 +-v , ."'-~ "~f h-L 3 / ~~ !,~ l L:I_--HPY)~ Pa.V"(-C / G, f Po. v- (e. 1 4- ( i 'r pC.\ &) 09:03 FAX 612 336 3885 CAROAAEr..t.E at ASSOCIA'ItS. INC. 941-30.31 FAEGRE & BENSON l.c;md $I.Jr"8)lOr1l f:den PrGIre. UN 55J.f.4 '. , Certificate Of Survey $urwryfar JAMtS PRIEST . __ 24020 T..",..tOlle r..." '\ Sh....""'- '*' ~I CJ.-n-r ~Itr z-v- &7d- --.k J $.~/s.,.J. J:I~ oM. p..,.,fe. PM"""" J. BooI(~ Page ~ FIr.. qse C3J1$/87 ~):~ p(i,~ at ' ( Vtt y t.t..- n II r () 11.1 -4-J'DV'\ 1'-" .. t.f .-...~ ~,...., j PARca .3 ..~,:",;",,~':'p~ ",.r-:.,._'..','", 80'/-46 SF (NO IIlJIJlINGS) ," ..... i ~: .4..; .. .",:t r'." " ' , ,", ,..... $ 16" ~:... ~~.. 111.?P MIlt fDtCE '.4 llIt$l' .,. I.llf lINE ~ .' er;r.J~~%s PA~CEl t . lIP' PAACa. 44249 SF ., ..,....' ,'-" (No llUItI:lIMc$) a i il sf !~ I SCALE I 60 FEET 141 007 , .-... .- Po.- 'rU.( S t . DtH01'ElS IRON IIc:HAIeNT .s;.... 5/...,.. ...:1 = _.--- --- I "-y cortlly - VIII Ja 0 uu. _ _, ..-,_ Of a ~ 01 IIIe lIOUIldorfIM ei SEE SHttT Z - OouIlt)l. lIlnnGoota, _ of IIl<l ~ of of ~._ -..AI.. - _II........ if _ ....... .. "" ad Iw4. ~ .7 _ _..-s:.z:f...,. 0( . .V---- ,18~! R-v~ 3-?'- S{J' ':7'~ (/-..L-;4 ;::f"'...L-",--"; ':tiC /(-,,/;-1' j- //- W 7"~ CARDAREU.E at ~~ INC. . UK. REG. NO. ~ .~ 11/05/97 WED .. I ... I ~. LGnd SUr\Ie~ Ed4n Praite. U", 5530M : ~ /" ul > ~ l/) 09:03 FAX 612 336 3885 CAROAREU.E a: ASSOCIATES. ""c. 941-JQJl FAEGRE & BENSON .~ Certifica te Of Survey Sul"ley for .MIlES PAltSf . ___ 24020 ~ T~ '\ Sh........... Un ~, ~ "ff1fA ZIV- t""-r.-..k J t$.rIJ.f". -.J JI~ M.6-fe. '-P...".,fro.1. Baclt~ PQge ~ FIe .254 e:lOe/a7 ... .. ... .; ..- ........- ... ~,~~'f ..... b~"~~~ ,.....:.~. '1l'~'t . .~:.':. ;~~ . .~~;7~ ~~ . ~[).) .4 ~ ('}...'t'"cY ....- f?t,tr.rl....- ''''. :3.4 \ ....- ~/".-T:3 ~ \ ~ '!; "-'~Ja:~'~"~~~~ ,,~'.;i'~ S0145$1' (NO BtII.DMS) !II ....!; a. ~~ '" _~tlil<<l B PARCEl T i Nf:It"AIlCEL -, ...~:, i :# !g "$ !~ 16~~T I ....' t 141 008 . ~..--..-v~"c'__........_ ~- .~ Aut1v tL. V\'2$ fo1'N- eVD p 0 S~C/ ( ovveC-t-IVVi: --- po..yce\ f....t,. ..~ P tA- v-uJ I..f". , (I .,. iC'."-; ~ 0... y c...c. \ 5 . . P4 Fa l.. 2/1 . llEN01ES lRCIf IlClNl/llENT s:-.- $1......... J a-'~:. ft. IIIllld <if ...."'1 \JIIE ~~iONE ~^\L '(EI...\.; .._---- --- ---- ... ... ---- I -, COt1II)' - - .. .. ..... ..... .......- ,....._ ttI .. ......,. of .. ............. oi SEE SIlttT 2 . -ea..tlIo~_ttl_~~"~'__A- - ---... if ...,.. ...... .. ... ... lomd. :s.r...- II, - - ~ ttI --;;Jf;"" .1~ t R-v~ .3-?-ee ~~ (?~ ~~;JZ= ;f-..../~..w" 3'- //-- !f/p' 7"~ CARDARW.E a: ASSOCIJJa INC. . UK. REO. NO. /:2.tt' 2. . 11/05/97 WED 09:04 FAX 612 336 3885 FAEGRE & BENSON 141 009 ~. ," ..... QUIT CLAIM DEED (Individual(s) to Joint Tenants) Based an Minnesota Unifonn Conveyancing Blanks (1978) STATE DEED TAX DUE HEREON: $ Date: .1997 FOR VALUABLE CONSIDERATION, Marvin L. Boote and Hazel M. Boote, husband and wife, Grantors, hereby convey and quitclaim to James Do Priest and nona Go Priest, husband and wife, Grantees as joint tenants, real property in Hennepin County, Minnesota, described as follows: "That part of Lot 31, Auditor"s Subdivision No. 133, Hennepin County, Minnesob, lying westerly ofa line dra\VIl from a point on the northerly line of G1enco Road (now Yellowstone Trail) distant 190 feet southwesterly from the intersection of the northerly line of said Glenco Road with the east line of said Lot 31 to a point on the northerly line of said Lot 3 I distant 351.8 feet southwesterly from the northeast COmer thereof, and lying northerly of a line described herein as Line X, and lying easterly of a line described herein as Line Y. . Description of Line X: Commencing at the intersection of the east line of said Lot 31 with the northerly right of ~-ay line of Yellowstone Trail; thence North 02 degrees 04 minutes 14 seconds East, assumed basis for bearings, 237.57 feet, along said east line, to the beginning of the line to be described; thence South 76 degrees 13 minutes 10 seconds West to the westerly line of said Lot 31, and there tenninating. Description of Line Y: Beginning at a point on said Line X, distant 252.24 feet southwesterly from the beginning of said Ljne X; then North 12 degrees 38 minutes 59 seconds West to the northerly line of said Lot 31, and there term1n~ti.ng. together with all hereditaments and appu.rremm.ces belonging thereto. 11/05/97 WED 09:04 FAX 612 336 3885 FAEGRE & BENSON This Deed is given to coma an erroneous legal description with respect to a portion of the property conveyed by a certain Quit Claim. Deed from. Marvin L. Boote and.Hazel M. Boote to James D. Priest and nom G. Priest, dated March 13. 1988 and recorded in the Otlice of the County Recorder for Hennepin County. Minnesota on March 22, 1988. as Document No. 5389152. Total consideration for this transaction is less than SSOO.OO. -/??~-~ 1?iLo BOOm ,jM~n-b HAZEL BOOTE Affix Deed Tax Stamp Here I4J 010 . . . . 11/05/97 WED 09:04 FAX 612 336 3885 FAEGRE &: BENSON 14I011 , . .... STATE OF MINNESOTA ) ) 55. COUNTY OF ) The foregoing instrument was acknowledged before me this 3" d day of /lC'1. 1997, by Marvin L. Boote and Hazel M. Boote, husband and wife, Grantor(s). NOTARIAL STAMP OR SEAL (OR OTHER 'ITl1.E OR RANK) ~?~ SlGNA: OF PERSON TAIaNi ACKNOWl.EDOMENT Tax: ~ twtbo n:a( property described in this 1nsltum8.l1t should be sent to (LIcladc.name aud 4dcIress ofGllUltce): THIS INSTR.uMENT WAS DRAFIED BY (llAMEAND ADD:REss): James D. and nODa. G. Priest 24020 Yellowstone Trail Shorewood, Minnesota 55331 FAEGRE & BENSON LLP (ALH) 2200 NoIWeSt Center 90 South. Seventh Street Minneapolis, MN 55402-3901 Phone: 612-336-3000 Ml.9312993.0l CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, OCTOBER 14, 1997 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES CALL TO ORDER Chair Pisula called the meeting to order at 7:00 p.m. ROLL CALL Present: Chair Pisula; Commissioners Borkon, Champa, Kolstad (arrived at 7:30 p.m.), Lizee and Turgeon; Planning Director Nielsen; Council Liaison O'Neill Absent: Commissioner Foust . 1. DISCUSS PLANNING COMMISSION'S ROLE RELATIVE TO DEVELOPMENT MONITORING Chair Pisula explained this particular item was raised in July and the Commission will review a memo which was prepared by Commissioner Kolstad and address any concerns the Commission may have relative to development monitoring and resolutions. In her memo, Commissioner Kolstad suggested the Planning Commission be kept informed on controversial issues of their final resolution to include being provided with copies of the agreements and final documents for review prior to signing, being notified of any meetings prior to construction and being advised of any changes in the Commission's original recommendations. Nielsen felt it would be beneficial for the Planning Commission to see the [mal documents which are signed. (It was decided to delay this discussion until Commissioner Kolstad arrived at the meeting.) Nielsen suggested amending the agenda to include a discussion relative to Cell Towers. . 2. DISCUSSION ON PLACEMENT OF ANTENNAE ON CITY WATER TOWERS Chair Pisula felt if it is the Commission's intent to not allow the antennas on the water towers, a policy. should be developed outlining where their placement will be permitted. Chair Pisula suggested the Commission consider a moratorium to allow sufficient time to identify sites which would be considered acceptable for antenna placement. Commissioner Champa stated he had not personally reached a resolution of whether the water tower is an acceptable site because the request was withdrawn. Nielsen noted although the moratorium is usually one year to 18 months on normal zoning matters, this time period has been reduced to three to six months on communication issues. Within that time, the ordinance will need to be addressed with locations identified and regulations specified. A site location study would be appropriate. This would also require a public hearing. PLANNING COMMISSION WORK SESSION OCTOBER 14, 1997 - PAGE 2 Commissioner Lizee felt the City should be proactive on this matter because once an application is made, it must be acted upon. Nielsen suggested this matter be considered sometime after December. Commissioner Champa inquired whether a moratorium is necessary or whether this issue can be considered without it. A moratorium would prevent any applications from being made while the ordinance is being reviewed and addressed. Commissioner Borkon felt sites should be identified, a recommendation made, public hearing held and if the neighborhood objects, the site could be abandoned. She inquired whether a moratorium could be utilized while a second site is selected. Nielsen felt the initial study would have to be thorough and not limited to one site. He also felt the antenna space on the southeastern tower should be fIlled prior to utilizing another site. Commissioner Borkon inquired whether a carrier could purchase a piece of property in a residential neighborhood and construct a tower. Nielsen stated this could occur. Commissioner Borkon was hesitant to take a stand on this issue because the City may then be locked into it. Commissioner Champa expressed his agreement. (Commissioner Kolstad arrived at 7:30 p.m.) Nielsen noted that to date, placement of the antennas has been limited to the water towers. however, it has now been suggested that one of the water tower locations may not be acceptable. He noted there is room on the first water tower for two more carriers. Once the tower is full. it will be necessary to identify another site. Commissioner Borkon felt the Commission should be cautious in implementing a moratorium or in identifying a location given the possible ramifications. Chair Pisula noted the problem with the second water tower to be its proximity to the elementary school. He noted there may be locations which are not in residential districts which may be considered more appropriate sites. for example. the public works area. Nielsen suggested a set of ordinances be developed which would discourage a carrier from being able to locate in a residential district such as requiring a fall type setback. . Nielsen pointed out that this time, the water towers have been noted as acceptable locations for these carriers. Nielsen suggested a January moratorium which would allow the Commission to work on this issue for three months. Commissioner Turgeon asked for input from the Council relative to their position on this matter. Nielsen suggested a joint study session with the Council at the January 20, 1998, meeting of the Planning Commission. 3. RESUME DISCUSSION OF PLANNING COMMISSION'S ROLE RELATIVE TO DEVELOPMENT MONITORING Commissioner Kolstad felt the Commission really does not know what goes on once an issue leaves the Commission and she felt it would be helpful to be kept more informed and establish a process in this regard. She noted Watten Ponds to be an example of this type of situation. Commissioner Turgeon suggested Nielsen report on development monitoring as he does at the Council level. Nielsen supported this suggestion and was also in favor of the Commission . PLANNING COMMISSION WORK SESSION OCTOBER 14, 1997 - PAGE 3 receiving the resolutions and development agreements to assure the recommendations of the Commission are included. Nielsen noted there could potentially be a problem with timing. He suggested when the Commission adds something to a staff report recommendation that the commissioner making the additional recommendation review the final document to ensure it has been included prior to the meeting on Monday evening. Commissioner Champa suggested this information be e-mailed to each commissioner. Commissioners Turgeon and Lizee do not have access to e-mail and, therefore, the information will be hand delivered to them. Commissioner Turgeon stated if something is added to the final document, she would like to know what was added and the reason for it. Commissioner Kolstad raised a concern with receiving the materials in sufficient time to respond to them. Nielsen commented if there are changes which need to be made to a document, they will need to be made prior to the Council meeting. . Nielsen suggested establishing a locked mail box in front of the City Hall which would enable the commissioners to stop by and pick up their packets. Commissioner Kolstad was in favor of this because she would be able to obtain the material much earlier than she currently receives it. It was decided Watten Ponds and Marsh Pointe are the developments Nielsen will report on at each of the Commission meetings. He reported on Gideon's Woods noting that developer funds were used to complete the landscaping. The building permits for the last four units are being held until an additional $17,000 is escrowed for various work which needs to be completed. Commissioner Kolstad had referenced in her memo developing an inspection report format. Nielsen explained inspection slips are currently used for building and the engineers use a slip for maintaining a punch list on projects. Commissioner Kolstad felt Nielsen's report would be sufficient to cover this matter. She felt one member of the Commission could provide some direction to the City Council on what the Commission wants to be focused on from an inspection basis. . Commissioner Kolstad felt there may be a different level of concern between the Commission and the City Council on such issues as tree preservation on a given development. She suggested a commissioner be assigned to a project as it progresses. Commissioner Lizee felt this to be the responsibility of the Council since the Council has the ultimate responsibility and because they are elected. The Commission has toured the sites and made recommendations and the councilmembers can contact any commissioner to obtain further information. Nielsen stated any commissioner who is interested to that extent should feel free to view the project and contact him with any questions or comments. The third point of Commissioner Kolstad's memo was that the Commission be notified of any meetings involving major projects where a concern has been expressed by local residents regarding the project. Reference was made to a meeting which was held on the Watten Ponds site. Nielsen stated any time a Council agenda or meeting notice is sent, the Planning Commission should be receiving a copy. Commissioner Turgeon pointed out the commissioners have not received notices of the neighborhood meetings which the Mayor has conducted. Council Liaison O'Neill was opposed to Planning Commission members attending the neighborhood meetings and taking minutes. He noted his intent to propose the Council not notice the meetings at all. Council Liaison O'Neill suggested the meetings be set up through PLANNING COMMISSION WORK SESSION OCTOBER 14, 1997 - PAGE 4 Administrator Hurm and if there will be three councilmembers in attendance, the meeting would be noticed, otherwise it would not. He stated these meetings provide an opportunity for the residents to speak with their elected officials and are meant to be informal meetings in which the residents can speak freely without minutes being taken. Commissioner Kolstad pointed out it may be of benefit for the commissioners to hear some of the comments of the residents. Commissioner Turgeon felt it would be a good communication tool for the commissioners to be able to understand what residents' concerns are within their areas and to be able to relate their concerns to other areas of the community. Council Liaison O'Neill did not feel this was the forum in which to make that work. He felt if additional people were to become involved in the meetings and minutes were to be taken, residents will not feel free to speak their minds. Commissioner Turgeon pointed out there is no intention to take minutes, but rather to listen to gain an understanding of what the whole issue encompasses for her benefit as a commissioner in making her decision. She did not intend to ask questions or take minutes. Chair Pisula did not feel the neighborhood meetings are open meetings when Planning . Commissioners are not invited to attend. Commissioner Turgeon asked if the Council and the Commission are not attempting to accomplish the same task. Councilmember O'Neill stated he did not know that they are. Chair Pisula felt it to be inappropriate that commissioners are not informed of the meeting and are discouraged from attending. It leaves the impression it is a private matter and is only a province of a couple of individuals. .Council Liaison O'Neill noted there are only two councilmembers who attend and it is, therefore, legally acceptable not to notice the meeting. These meetings have been held at the request of the various associations. Commissioner Champa commented when a neighborhood raises a concern at one of these meetings, it is referred to the Commission to address and he expressed concern the commissioners have not heard the concerns which were raised at the meeting. This could result in the Commission going in one direction and the Council turning in another. Commissioner Champa . felt it is important to meet with the Council so the Commission has an idea of which direction the Council is going. Commissioner Champa suggested one Planning Commissioner be invited to attend the meeting to simply listen so that person can relate the concerns of the neighborhood back to the Commission. Commissioner Lizee felt the Park Commission should also be included. She commented on a meeting she attended in the Lake Virginia area and noted one of the concerns raised had to do with trails and lake access. One of the residents questioned whether there would be any meetings coming up on this issue, and the councilmembers in attendance were unsure. Two nights later the Park Commission discussed this issue. Commissioner Lizee was aware of this and offered that information at the meeting and that resident became involved in that issue. She felt this to be a matter of communication. Commissioner Borkon suggested a moratorium be considered for the Planning Commission relative to any further planning work in light of the fact the Council's direction is very different from the direction of the Comprehensive Plan. Chair Pisula also felt the two groups are going in different directions. PLANNING COMMISSION WORK SESSION OCTOBER 14, 1997 - PAGE 5 Commissioner Champa did not agree. He felt there needs to be better communication. Commissioner Borkon referenced the Council meeting the evening before relative to the proposal for a senior housing development. She pointed out the Comprehensive Plan clearly states that senior housing is a direction that the Plarming Commission City of Shorewood is pursuing. Commissioner Borkon stated the City Council does not recognize that senior housing is a priority or part of what the community needs to be looking at. Commissioner Champa did not agree with Commissioner Borkon. . Commissioner Borkon did not feel the Planning Commission can continue to function as a group any longer and are stalemating at this point. She stated she wants to do what the community wants to have done as a part of what the City Council determines is important. Commissioner Borkon noted the Commission has not been given direction by the Council as to what they want to have done and she stated she does not feel comfortable proceeding until a meeting can be held in which the Council can give direction in an understandable form relative to what they want. Council Liaison O'Neill stated there are members of the Council who have no confidence in the Planning Commission. Commissioner Borkon pointed out the Commission is following the Comprehensive Plan because that is what dictates the movement of the Planning Commission. A question was raised whether the Commissioners should resign. Council Liaison O'Neill has given consideration to resigning his position as liaison to allow another councilmember the opportunity to work with the Planning Commission and gain some insight. Commissioner Turgeon stated she will do whatever the Council deems as its goal, but she must know what that goal is. Council Liaison O'Neill stated there is no clear cut direction. Nielsen noted in work sessions there have been relative to the Comprehensive Plan, there have been suggestions made regarding density in that projects have gotten too high in terms of density, down playing clustering, but beyond that there have not been significant changes. He noted his impression the Council wants a fairly strict adherence to the Comprehensive Plan and the codes which are in place. A wait and see what happens approach was taken with respect to senior housing. Council Liaison O'Neill suggested the Council and the Commission attend a retreat in which they can establish a relationship. . Commissioner Borkon commended Commissioner Champa on being a new member to the Commission and his demonstrated ability to be objective. Chair Pisula noted his agreement as did Commissioner Lizee. Commissioner Champa expressed his appreciation, but felt there to be two options at this time which are to attend a retreat with the Council in an attempt to establish a relationship with them or to resign as commissioners. He stated he does feel the Council is trying to follow through with their campaign promises. Commissioner Champa did not feel the Council has taken the time to give the Commission direction. Commissioner Borkon stated if the Commission votes for participating in a retreat, she would not want to attend any further meetings until this has been accomplished. Commissioner Champa was in favor of Council Liaison O'Neill's suggestion to appoint a new liaison to the Commission to afford another councilmember an opportunity to obtain a better understanding of the Planning Commission. PLANNING COMMISSION WORK SESSION OCTOBER 14, 1997 . PAGE 6 Commissioner Turgeon commented on the Council meeting of the previous evening regarding the senior housing proposal and noted the Commission had reviewed all of the issues it was felt the Council would look at and what the sensitive issues were to ensure they were all addressed or would be addressed prior to progressing to the development stage. The Commission applied the existing zoning with no variances granted. Commissioner Kolstad felt if the Council voted against the senior housing proposal based upon public opinion, the Commission and the Council will not be of the same mind set because the Commission cannot violate the Comprehensive Plan and the zoning laws. Commissioner Turgeon stated if the Council does not want these provisions to be utilized, they should be removed or amended. Chair Pisula did not feel some of the councilmembers respect the process which the Commission has to follow. The Commission wants to do what is right for the City and wants to work with the Council as it currently exists and has been waiting for guidance relative to changes in the Comprehensive Plan and the direction which the Council wishes to take. Commissioner Champa suggested the Commission establish a resolution to the Council stating the . objectives of the Commission and what the group would like to accomplish and how they must be accomplished. Commissioner Kolstad pointed out if the Council wants lower density, the zoning codes must be such that the Commission is allowed to make those decisions. Commissioners Champa and Turgeon noted their agreement. Commissioner Champa volunteered to meet with members of the Council to address this issue. Chair Pisula expressed the importance that Mayor Dahlberg realize this matter needs his immediate attention. Council Liaison O'Neill suggested Chair Pisula and Commissioner Champa meet with the new members of the Council to discuss this situation. Commissioner Champa noted on occasion he has had to vote in favor of a request because he did not have any reason to vote against it given the current ordinances. . Commissioner Borkon suggested having legal counsel available at the Commission meetings because she feels she is in a situation where she does not know what to do. Commissioner Kolstad stated she would not want to become involved in any large projects until this situation is resolved and the Council gives some direction to the Commission. Commissioner Champa felt the experience of the current commissioners to be an asset to the City and he felt the new councilmembers need to realize the importance of this experience. Commissioner Borkon felt the Commission had been misrepresented relative to the request for senior housing and the work that had been completed by the Commission in that regard. She commented at this point she may want to take a leave of absence until this situation has been resolved. It was Commissioner Borkon's opinion the Commission should receive a public apology from the Council. Commissioner Kolstad suggested perhaps the Commission is sending messages to the Council which makes them feel the Commission is not working on their side, however, she did agree the Commission has not received direction from the Council. . . PLANNING COMMISSION WORK SESSION OCTOBER 14, 1997 - PAGE 7 It was agreed Chair Pisula will meet with the new councilmembers along with Commissioners Borkon and Champa in attempt to resolve this situation. They agreed on Tuesday, October 21, 1997, as a possible date. 4. MATTERS FROM THE FLOOR-None 5. REPORTS Commissioner Champa inquired about the sign requests made by the marina and the church. He noted he would not be opposed to intemallighting so long as fluorescent lights are not utilized. Commissioner Lizee commented when the [mal plat was being approved for Marsh Pointe and the Council was at the point of approving the lighting plan, she conducted a neighborhood survey relative to this issue and she felt this should be at the Planning Commission level since it is part of the development stage to be considered with landscaping, curb or road issues. Commissioner Lizee suggested requests for street lights be brought before the Commission for consideration. 6. ADJOURNMENT The meeting was adjourned at 9:40 p.m. RESPECTFULL Y SUBMITTED, Cheryl WalIat Recording Secretary TimeSaver Off Site Secretarial, Inc. NOTE: Corrections to minutes by the Planning Commission are shown as italics for additions and strikeollts for deletions. CITY OF SHOREWOOD RESOLUTION NO. 97 - A RESOLUTION ELECTING TO CONTINUE PARTICIPATING IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT CALENDAR YEAR 1998 WHEREAS, the Metropolitan Livable Communities Act (Minnesota Statutes Section 473.25 to 473.254) establishes a Metropolitan Livable Communities Fund which is intended to address housing and other development issues facing the metropolitan area defined by Minnesota Statutes section 473.121; and . WHEREAS, the Metropolitan Livable Communities Fund, comprising the Tax Base Revitalization Account, the Livable Communities Demonstration Account and the Local Housing Incentive Account, is intended to provide certain funding and other assistance to metropolitan area municipalities; and WHEREAS, a metropolitan area municipality is not eligible to receive grants or loans under the Metropolitan Livable Communities Fund or eligible to receive certain polluted sites cleanup funding from the Minnesota Department of Trade and Economic Development unless the municipality is participating in the Local Housing Incentives Account Program under the Minnesota Statutes section 473.254; and WHEREAS, the Metropolitan Livable Communities Act requires the Metropolitan Council to negotiate with each municipality to establish affordable and life-cycle housing goals for that municipality that are consistent with and promote the policies of the Metropolitan Council as provided in the adopted Metropolitan Development Guide; and WHEREAS, Resolution 95-107 established the following goals for the City of Shorewood for a two-year period through 1997: . . The City of Shorewood will explore the concept of cluster planning and cooperative efforts to address affordable housing needs in cooperation with the south Lake Minnetonka cities, . Complete the housing section of the Shorewood Comprehensive Plan, . Pursue an estimated sixty units of affordable senior housing within Shorewood as recommended in the Senior Housing report of 1991, and . Work with the Metropolitan Council in addressing barriers to affordable housing in Shorewood which are direct responsibilities of the Metropolitan Council, most specifically, high metropolitan sewage charges and the lack of metropolitan transit service with no options for providing said services; and WHEREAS, each municipality must identify to the Metropolitan Council the actions the municipality plans to take to meet the established housing goals through preparation of the Housing Action Plan; and WHEREAS, Shorewood's Housing Action Plan, following review and acceptance by the Planning Commission, was submitted to the met Council on June 26, 1996; and WHEREAS, the City of Shorewood Comprehensive Plan as updated in 1995 includes the following goal: The City shall promote the development of safe, healthy and affordable housing options; :t~ Resolution No. 97- Page 2 of2 and the following objective: Develop a senior housing program which: . Allows seniors to stay in their single-family homes, . Provides a range of housing types including step-down housing, senior apartments and assisted-living housing, with initial emphasis being placed on step-down housing, . Establishes regulations which permit the construction of affordable senior housing while ensuring compatibility with existing residential neighborhoods, . Assists financially in senior housing projects to ensure affordability and enhance compatibility with existing developments; and WHEREAS, the Metropolitan Council adopted, by resolution after a public hearing, negotiated affordable and life-cycle housing goals for each participating municipality, and WHEREAS, a metropolitan area municipality which elects to participate in the Local Housing Incentives Account Program must do so by November 15 of each year; and WHEREAS, for calendar year 1998, a metropolitan area municipality that did not participate in the Local Housing Incentive Account Program during the calendar year 1997, can participate under Minnesota Statutes section 473.254 only if: (a) the municipality elects to . participate in the Local Housing Incentives Account Program by November 15, 1997; and (b) the Metropolitan Council and the municipality have successfully negotiated affordable and life-cycle housing goals for the municipality. . NOW, THEREFORE BE IT RESOLVED, that goals set by Resolution 95-107 be extended through the year 1999. FURTHER BE IT RESOLVED the City Council of the City of Shorewood hereby elects to participate in the Local Housing Incentives Program under the Metropolitan Livable Communities Act during the calendar year 1998. ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 10th day of . November, 1997. ATTEST: TOM DAHLBERG, MAYOR JAMES C. HURM, CITY ADMINISTRATOR CITY OF SHOREWOOD RESOLUTION NO. 97- A RESOLUTION REGARDING THE 1997 OUTSTANDING SENIOR SERVICES AWARD AND PROCLAIMING MONDAY, NOVEMBER 10, 1997 AS JOANN KVERN DAY WHEREAS. JoAnn Kvern has been an intricate part of the founding, growth and on-going development of the Southshore Center; and WHEREAS, JoAnn has recruited and trained hundreds of outstanding volunteers at the Southshore Center; and . WHEREAS, JoAnn worked closely with local officials in development of the five-city cooperative that made the new Southshore Senior/Community Center possible; and WHEREAS, JoAnn is the working Center Director responsible for the development of programs and services at the Center; and WHEREAS. JoAnn has planned many interesting trips for residents of the Southshore area; and WHEREAS, with her kindness and generosity, JoAnn fosters an environment of sociability and comfort for the seniors attending the Southshore Center; and WHEREAS. JoAnn has touched the lives of tens of thousands of elderly people who benefited from the services she designed, raised funds for and administered at the Southshore Center; and WHEREAS, JoAnn K vern has been presented with the 1997 Outstanding Senior Services A ward by the Minnesota Association of Senior Services. . NOW THEREFORE BE IT RESOLVED that the City of Shorewood proclaims Monday, Nov. 10, 1997 JoAnn Kvern Day ADOPTED by the City of Shorewood this 10th day of November, 1997. TOM DAHLBERG, MAYOR ATTEST: JAMES C. HURM, CITY ADMINISTRATOR ~7 . . . , . To: From: Date: Re: Mayor and City Council James C. Hurm, City Administrator Ten Naab, Executive Secretary / Deputy Clerk November 5, 1997 Levy Delinquent Utilities At the Council meeting of August 25, Council was asked to consider the adoption of a resolution certifying delinquent utilities charges to the property taxes. Three properties on this list had accumulated totals from the sanitary sewer surcharge (i.e. failure to successfully have sump pump location and method of discharge approved by the City inspector per Municipal Code Section 904.09). Staff was directed at that meeting to contact these individuals and try to get this resolved. Attached to this memorandum are copies of two letters sent out to two of the property owners asking them to set up an inspection so this issue could be finalized. We did not receive any response from either property owner. Therefore, the attached resolution that you are being asked to consider, provides for the certification ofthese delinquent charges to their 1998 property taxes. The third property belongs to Ron Johnson, whom the City is currently dealing with through litigation. Staff has been advised to allow his utility bill to continue to accumulate and not levy the delinquent amounts. Upon resolve of the litigation, the issue will once again be addressed. ~s CITY OF SHOREWOOD RESOLUTION NO. 97- A RESOLUTION DIRECTING DELINQUENT SUMP PUMP CHARGES BE PLACED ON THE 1998 PROPERTY TAX ROLLS WHEREAS, Shorewood City Code provides for the City to place delinquent sump pump charges, on the succeeding year property tax rolls for the specified properties; and, WHEREAS, the City Council has scheduled a discussion on the assessment of such charges and has caused notice of such assessments to be mailed to the affected property owners; and, WHEREAS, the Council held such discussion at a regular council meeting and has made a determination that delinquent utility charges exist for the specified properties set forth in Exhibits A 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 sump pump 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. 2. That such delinquent charges shall be called Delinquent Sump Pump Charges, Levy No. 14205. ADOPTED by the City Council of the City of Shorewood, Minnesota, this 10th day of November, 1997. . TOM DAHLBERG, MAYOR ATTEST: JAMES C. HURM, CITY ADMINISTRATOR MAYOR Tom Dahlberg CITY OF SHOREWOOD COUNCIL Kristi Stover Jennifer McCarty Jerry O'Neill John Garfunkel 5755 COUNTRY CLUB ROAD SHOREWOOD, MINNESOTA 55331-8927 (612) 474-3236 FAX (612) 474-0128 www.state.netlshorewood cityhaU@shorewood.state.net October 27, 1997 CERTIFIED Barry & Suzann Voigt 6170 Church Road Shorewood, MN 55331 . Dear Mr. & Ms. Voigt: The City Council will consider and take action on your delinquent utility charges at their meeting of November 10, the meeting starts at 7 :30 PM. at the City Hall. The Council is willing to waive these fees if your property passes an inspection on or . before the date of the meeting. Call City Hall if you wish to schedule an inspection. Sincerely, P 295 486 941 . CITY OF SHOREWOOD ~)a~ Teri Naab, Executive Secretary/Deputy Oerk cc: Joe pazandak: Building Inpector Alan Rolek: Finance Director Jim Hurm: City Administrator Postage Certified Fee Special Delivery Fee ~ SENDER: ., -8 _ Complete items 1 andfor 2 for additional 88Mces. . -Complete items 3, 4a, and 4b. . CD -Print your name and address on the 18_ of thIS lonn so thaI we C8I ; _:::: J:'tonn 10 the front of the mailplece, or on the back if space de > . ! -~Retum Recsipt Requested" on the mailpiece below the article m oS -The Return Receipt wiD show to whom the article was delivered and I/' c delivered. ~ 3.Artlcle Addressed toc~ I . Va '9+ 4j t Bp(C~ 1 ~20r\Y\ I 1 i lo't7DChW'th Kd. ~ :3hcrewocx::l /VI N 6532>1 "."c I Restricted Delivery Fee 10 m Retum Receipt Showing to :: Whom & Date Delivered I. ( 0 "& ReIum Receipt ShowI1g to Whom, <( Date, & Addressee's Adctess o g TOTAL Postage & Fees $ a- M Postm8lk or Date ! /Ojz7jq7 a. .' c\ .1 :J. .. o - :J o >- ,:Jtl, C II t= A R .. :J o >- .!! MAYOR Tom Dahlberg CITY OF SHOREWOOD COUNCIL Kristi Stover Jennifer McCarty Jerry O'Neill John Garfunkel 5755 COUNTRY ClUB,ROAD. SHOREWOOD, MINNESOTA 55331-8927. (612) 474-3236 FAX (612) 474-0128 . www.state.netlshorewood . cityhall@shorewood.state.net August 27, 1997 Barry & Suzann Voigt 6170 Church Road Shorewood, MN 55331 . Dear !vir. & Ms. Voigt: Weare at the time of year that the City must certify delinquent amounts of property specific charges to the County for inclusion on your 1998 tax bill. Our records indicate in addition to delinquent utility bills, your account shows a delinquent amount for a sump pump surcharge of $1,200. Upon further investigation I found that your property was inspected on January 1, 1994 by our inspector. He noted at that time your property was not in compliance because the sump pump was not hard piped to the outside of. the home, which is required by a City ordinance. A letter sent to you on March 28, 1995 explained that charges for this violation would begin to accrue March, 1995 unless it was corrected. The City Council has examined the listing of delinquent amounts and has asked that you once again be contacted to try and resolve the sump pump violation. The required hard piping is relatively easy and inexpensive, and we will be more than happy to reinspect your property upon request. Once your property has satisfactorily passed this inspection, fees associated with the sump pump ordinance will be waived. . If you have any questions about this issue, please feel free to contact anyone at City Hall. We look forward to getting this issue resolved. Sincerely, crrp OF SHOREWOOD r Teri Naab, Executive SecretarylDeputy Oerk cc: Mayor and City Council A Residential Communirv or: Lake Minneronka's South Shore N~ 2(1r. CITY OF SHOREWOOD .. .... Jriginal----t6- Re-inspection SUMP PUMP AND FOOTING DRAIN INSPECfrON Inspection Date Time BARRY/SUZANN VOIGT 6170 CHURCH RD SHOREWOOD, MN 55331 7 TELEPHONE (day) SPECIAL INSTRUCTIONS FOR INSPECTION TELEPHONE (eves) FINDINGS: _No Sump Pit - _Sump Pit/No Pump, .xSump Pit W/Pump _Other Indication of Water Problem _Yes _No _No . Tued to daylight (confirmed) Hard Piped to outside _Yes _Yes ~o Diagram: . COMPLIANCE Y NON COMPLIANCE CompIia~ust be verified within 14 days COMMENTS OR RECOMMENDATIONS: ?< rev-u9- - -- -0 Ih -JA~ rm-_~ ;y\~ I-q~ Inspector Date J Rc-inspection Deadline (call for reinspection by) lYPE OF STRUcrURE Acet # ,YSingle Family _Duplex _Commercial _Other (soccify) MAYOR Hobert Bean COUNCIL Kristi Slover Bruce Benson Jennifer McCarty Doug Malam CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOO. MINNESOTA 55331-8927 · (612)474-3236 ~rch 28, 1995 Barry Voigt 5170 Church Road Shorewood, MN 55331 Dear Mr. Voigt: rAesponse to the huge increases in sewer charges from the Metropolitan w~e Control Commission (MWCC) , the City attempted to do everything possible co reduce clear r.va.ter that entered the syste.l!l. One of the key steps that was caken was to adopt Ordinance 277 on August 23, 1993 which prohibited sump 9umP discharges into the sanitary sewer system and provided a penalty for .,iolation thereof. Following adoption of that ordinance"a sump pump inspection program was initiated. Every reside...Tlce witm..J. t..."I-],e City of Shorewood was to be Lj,spected by ~~ch 1, 1994, to ensure t~~t sump pumps "Nere not discharging into the sanitary sewer system. All properties which the City was unable to inspect by that date are to be charged a surcharge of $100 per month until compliance. Staff has bee...Tl given che authority to waive this surcharge and accumulated pe...Tlalties upon completion of a satisfactory inspection. The time has come however to put a close to this program. . property which you own located at 6170 Church Road within the City of _ rewood has not passed this inspection process. A satisfactory inspection must be completed within the next 30 days (by May 1, 1995) or all surcharge fees and penalties will be applied to your property and will not be waived in the future. As of the end of the first quarter of this year (~..t3rch 31, 1995), $900~00 has accrued"as a surcharge on your utility billing for non- compliance with the sump pump inspection program. Also, $400.00 has been certified to your 1995 ta~ bill, which will be removed if the property is inspected within this tL~e period. You will need to contact City Hall at 474-3236 to schedule an inspection. Our hours are Monday through Friday, 8:30 a.m. to 5:00 p.m. Sincerely, CI~ OF SHOREwOOD ~.~ Tsri Naab, Deputy Clerk -~ . '-- . Mayor a:.~c. Ci;;:v Council ..: l2$iC.~r:!:a/ -,.:r-:;"';",:~'r;;:'/ ;.--: _..;.(-? :Lr;-:/~"3~::,'-',-(.7: ~<~.'~ -:.- ~"'::-,--:,~? MAYOR Tom Dahlberg CITY OF SHOREWOOD COUNCIL Kristi Stover Jennifer McCarty Jerry O'Neill John Garfunke! 5755 COUNTRY CLUB ROAD SHOREWOOD, MINNESOTA 55331-8927 (612) 474-3236 FAX (612) 474-0128 www.state.net/shorewood cityhall@shorewood.state.net October 27, 1997 Brian Ohland 25895 Smithtown Road Shorewood, MN 55331 CERTIFIED Dear Mr. Ohland: . The City Council will consider and take action on your delinquent utility charges at their meeting of November 10, the meeting starts at 7:30 P.M. at the City Hall. The Council is willing to waive these fees if your property passes an inspection on or before the date of the meeting. Call City Hall if you wish to schedule an inspection. Sincerely, 7j~D Teri Naab, Executive Secretary/Deputy Clerk cc: Joe pazandak: Building Inpector Alan Rolek: Finance Director Jim Hurm: City Administrator P 295 486 942 . CeI1ified Fee Special 0eIiveIy Fee Restricted 0eIiveIy Fee It) ~ Retum Receipt Showing to ;; Whom & Date Deliveted / /D Q. RebIm Receipt Showi1g fll Whom ~ Dale, & Adchssee's Admess ' C) g TOTAL Postage & Fees $ :5' ~ POS1maJfc or Date ' ~ !CYZ7/Q7 A F~esidemial Community on Lake Minnetonka's Sout/? Sl10re MAYOR Tom Dahlberg CITY OF SHOREWOOD COUNCIL Kristi Stover Jennifer McCarty Jerry O'Neill John Garfunkel 5755 COUNTRY C~UB, ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (612) 474-3236 FAX (612) 474-0128 . www.state.neUshorewood . cityha/l@shorewood.state.net August 27, 1997 Brian Ohland 25895 Smithtown Road Shorewood, MN 55331 . Dear Mr. Ohland: We are at the time of year that the City must certify delinquent amounts of property specific charges to the County for inclusion on your 1998 tax bill. Our records indicate in addition to delinquent utility bills, your account shows a delinquent amount for a sump pump surcharge of $1 ,200. Upon further investigation I found that your property was inspected on December 11, 1993 by our inspector. He noted at that time your property was not in compliance because the sump pump was not hard piped to the outside of the home and the cover over the sump pump basket was not screwed down, which is required by a City ordinance. A fetter sent to you on March 28, 1995 explained that charges for this violation would begin to accrue March, 1995 unless it was corrected. The City Council has examined the listing of delinquent amounts and has asked that you once again be contacted to try and resolve the sump pump violation. The required hard piping is relatively easy and inexpensive, and we will be more than happy to reinspect your property upon request. Once your property has satisfactorily passed this inspection, fees . associated with the sump pump ordinance will be waived. If you have any questions about this issue, please feelfree to contact anyone at City Hall. We look forward to getting this issue resolved. Sincerely, OFSHOREWOOD ." Naab, ecutive Secretary/Deputy Clerk cc: Mayor and City Council A Residential Community on Lake ;'vlinnetcn/(a's South Shore . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOAEWOOD. MINNESOTA 55331-8927 · (612)474.3236 . MAYOR ,..Robert Sean COUNC:L Krisa Stover Bruce Senson Jennifer McCarty Doug Malam March 28, 1995 Brian Ohland 25895 Smithtown Road Shorewood, MN 55331 Dear M-r. Ohland: In response to the huge increases in sewer charges from the Metropolitan Waste Cont=ol commission (WdCC), the City attempted to do everything possible ~ to reduce clear water that entered the systa~. One of the key steps that was taken was to adopt Ordinance 277 on August 23, 1993 which prohibited sump pump discharges into the sanit~~ sewer systa~ and provided a penalty for violation thereof. Following adoption of that ordinance a sump pump inspection program was. initiated. Every residence within the City of Shorewood was to be inspected by March 1, 1994, to ensure that sump pumps were not discharging into the sanitary sewer system. All properties which the City was unable to inspect by that date are to be charged a surcharge of $100 per month until compliance. Staff has been g~ven the authority to waive this surcharge and accumulated penalties upon completion of a satisfactory inspection. The time has come however to put a close to this program. The property which you own located at 25895 Smithtown Road within the City of Shorewood has not passed this inspection process. A satisfactory inspection ~ must be completed within the next 30 days (by May 1, 1995) or all surcharge fees and penalties will be applied to your property and will not be waived in the future. As of the end of the first quarter of this year (March 31, 1995), $900 has accrued as a surcharge on your utility billing for non~ compliance with the sump pump inspection program. Also, $300 has been certified to your 1995 tax bill, which will be removed if the property is inspecced within this time period. You will need to contact City Hall at 474-3236 to schedule an inspection. Our hours are Monday through Friday, 8:30 a.~. to 5:00 p.m. Sincerely, CITY OF SH9RE7dDOD ~ ~~c/G6J-- ~i Naab, Deputy Clerk c-. Mayor and City Council , ,~esidenr:/ai Communir'/'Jn LaKE.l;!..;rneronka"s Sourr Shcr"'3 .. ,~ ~ cITY OF SHOREWOOD SUMP PUMP AND FOOTING DRAIN INSPECl ginal-t- In inspection GR:?GORV RE T CH 25895 SMTTHTOWN RO SHOREWOOO. MN 55331 TELEPHONE (eves)_ LEPHONE (day) ECIAL INSTRUCTIONS FOR INSPECTION :IDTMiS: _N~umP Pit - Sump PitiNo Pump, Sump Pit WfPuDlp Other Indication of Water Problem _Yes _Yes Tiled to daylight (confirmed) Hard Piped to outside _Yes iagram: . . . ... ("".., Ti ?e()~ ~ ;00 Y\ / CfJY'AV _No _No '::6-N 0 .' i J ! COMPLIANCE +:NON COMPLIANCE Compliance must be verified within 14 days ,- f l t ! COMMENTS OR RECOMMENDATIONS: Inspector Date ) ~ l.l -q :J fYPE OF STRUcrURE Re-inspection Deadline (call for reinspection by) Acct :: Commerc:::d _Other (sxcii:,' ~Singit~ -?amii~: ...-- ' _LJUpte~: . . -- 1997 City Council Priorities Status Report: Key: 1 = Completed 2 = Work has begunllikely to be reached in 1997 3 = Work to begin laterllikely to be reached in 1997 4 = Priority should be reconsidered Completed or 5 = Not likely to be addressed in 1997 Finalized 1st 2nd 3rd 4th Qtr Qtr Qtr Qtr Top Priority Items: Review the water policy in the Comprehensive Plan, the water capital 2 2 2 improvement program and funding for the program Implement strategies in improving communication 2 3 2 Review the trail plan 3 3 5 Reconsider the street reconstruction assessment policy as recommended 3 3 3 by a task force several years ago Undertake a storm water management plan 3 3 5 South Lake Minnetonka Public Safety Department contract renewal 2 2 1 needs to be completed in 1997 Decide on involvement in the Watershed District's requirement for a wet 2/4 1/2 5 pond at Minnewashta School and work with the Watershed District on the question of a large regional pond rather than numerous small ponds throughout the City Reevaluate design criteria for City streets 3 3 3 Improve relations among cities with joint elected official meetings at 2 1 1 various times throughout the year Identify Comprehensive Plan items to be reviewed in detail (this 2 2 2 includes zoning, land use and subdivision ordinance review) Second Priority Items: Consider options for purchasing green space (referendum?) 3 3 5 Evaluation of City liquor operationslbusiness plan 2 2 2 Sanitary sewer - review III strategies, re-evaluate strategies to reduce 3 3 2 sewer rates, and re-evaluate the sump pump inspection ordinance Actively participate in the Lake Minnetonka Cable Commission's efforts 3 3 1 to negotiate a new cable television contract with Triax Cable Re-evaluate senior housing strategies 3 3 2 Undertake a transit needs assessment and develop a strategy to improve 2/4 1 1 service or reduce costs for transit Develop plans for improved safety at intersections: County Road 19 3 3 2 and Manitou Road; and Seamans Drive, Yellowstone Trail, Highway 7 Undertake safety studies in specific areas such as the Minnewashta 3 3 5 School Third Priority Items: Re-evaluate snowmobile issues/determine the future of the 2 2 1 implementation plan The Planning Commission should develop a commercial maintenance 3 3 5 code for Council consideration Consider an incentive system for high performing employees 3 3 5 Develop a strategy to improve paramedic rescue response times 3 3 5 Pursue burying utility lines 3 3 5 Consider requiring a conduit be installed for use by utilities in City 3 3 5 right-of-way U ,dated 11/97 p tt9(!" ::!e ~:obe i' l..:;, I C,;) /' t1nUO r has Pi-ooo:-::.,~d to c I. \):.:;,,? s;:::?v2i-;I.l en tr-anc':::~:; to HI".,\! .l. Incluo:jr0d i:1r~ La.I,<~ Ltnd'<:lil r'ode!. re~" rr-atl. Ph~a:s.:1nt av,e... :3e.3.mans driv,:?, and the sout:h entrance to Fr'eeman P!:tri". frlese closinas are aLL tor safetv reasons. Another plan would leave Pleasant ave, open and upqrade that intersection by straiqhteninq it and brinainq the Level cd Pl'::lasant ave. UP to the level of H~\'\/. 1. rhi:", proDosaL (.\rould qreatl\,. increa:3e the ,3.mount of traffic on pleasant ave. because the other four closinas would still occur. F;or the safet\' of our families. r would 1il<.'2 to se.'? Pleasant aVEl. and 1.-)t1t5ev L.J.ne tlJrned int:o a (;edd ,:.=-nd st r E;: '2 t ., f"herefore: We the undersiqned reClue':st thi.'lt j"jnJ)()T Close. PLeasant ave. at Hwy 7. ,::iddr 2'o;S f'!aml:? 1.. ~~~~ f(AtiJ~JL. 57Jt1.A/EI( .~,.. t.,;,JC-f PIrur+;fo(J.j ':f;;::~4 /; $- ~ 6/ V~ ;:r;/?~~"T 4~ : - MAc. 9-47fE.O ev.lf>..,- L", . 8~~1 ~f1' fi<d~~<:h 9 _ ~'::'"" ~~<1So~ -:2A\OO~\",!'~ \....A>>"," t.0. ~tI'n~ ':/ijjJ40~~~ lo l~ f{~-d ~ (P/~D rk,9~T If~ c/'-//.)o (J3~-c.~,/ ~. ~./~J--~d/. C f , ;- f~{)Ar 1t. . 12. L:.. !A . l. .) . phone It lJ...~ - b (J~-~ ~7o ~c;Co tt7o--891i ~77/-&f/~2 ~ 14 -~ 'I (;.:l Sp.,~ /(' '7lcr - ~I J 7- ~,.ze/ L(?e - q;L'J.<g '+1 t;)-I(~ 07 A':tA...'1l-z9 q ij 1 '1- 7 71 J ._--"-,,,~----._'.._,_.,--- -.-" -.,. "".. .-.-. -------.--_.. . -~--'----!....'~:-.:. ExcelsiorlShorewo"od S~~.SBllorlWednesday.'No~. 5,1997 SA )f Excelsior dedication f ; i~ . . . . . (behind podium) was one of many speakers at thededicatioil ceremony for the Port of Excelsior SatUrdayafter"-':' ; I ~ ;, " . ' , .' ~, ; , , ; , : f:" I " I ~ , , .' ~ I . " , .",'o , ;,. i ~ J . " POLICE Snowmpbile safety course offered through SLMPSD The South Lake Minnetonka Public Safety Department, in conjunction with other groups, will be offering a snowmo- bile safety training course at the Shore- wood City Hall Dec. 10 to 13. Class space is limited, so register at Shorewood City Hall. J Information: 474-3236. SLMPSD,receives grant for . snowmobile enforcement The SLMPSD has been awarded a . grant by the Minnesota Department of Natural Resources to' fund snowmobile enforcement. The funds will be used to .. increase the police presence along the LRT trail and other parts of the commu- nity where snowmobiles'are used.- . Officers working under the grant will , focus on careless operation, speed and al- . cohol-related offenses. South Lake offi- ,>cers will also coordinate with other law- <.,' <,enforcement' agencies for maximum ef- , 'Jectiveness'during peak snowmobiling " times, according to a news release. The !,>?goal"of this project is.to make snowmo- {;':' biling as safe 8:ndenjoyable an activity as ,," possible. ,TEEN "NEEDS WHEELS? :. Check out the Auto' Grid. , 't:'" RECEiVED SE? 2 4 lS97 Minnesota Department of Natural Resources 500 Lafayette Road 51. Paul. Minnesota 55155-40_ September 22, 1997 Dear Local Law Enforcement Administrator, The provisions of Laws of Minnesota 1997, Chapter 216, Section 5, Subdivision 8, authorized the Department of Natural Resources to fund grants to Local Law Enforcement Agencies for purpose of snowmobile law enforcement above and beyond the current levels oflocal snowmobile enforcement activities. The amount available for these grants is $400,000.00 for each of the next two fiscal years. County Law Enforcement Agencies have been allocated $375,000.00 and Local Agencies will receive the remaining $25,000.00. After the second year, the Legislature will need to authorize funding to continue this Grant Program. . The Snowmobile Safety Enforcement Grant Program is patterned after the Sheriff's Boat and Water Safety Grants Program. The Snowmobile Grant Forms are similar to the Boat and Water Safety Grant Forms, therefore most administrators will be familiar with the forms and application process. The Snowmobile Safety Enforcement Grant Funds must be used to fund enforcement efforts above and beyond current enforcement efforts of your agency. Your Agency is required to work with DNR Conservation Officers and participate in DNR Snowmobile Taskforce enforcement efforts. Failure to meet this requirement will result in your Agency not being eligible for future grant funding. The Snowmobile Safety Enforcement efforts should be concentrated around the following priority . areas: - Alcohol Related Violations ( SWI, Careless and Reckless Operation) - illegal Operation (Speed and Operating on Roadways) - Coordinated Work Efforts with DNR Conservation Officers To be eligible for Snowmobile Safety Enforcement Funds, you will need to complete an Operations Report, Form SG-002a, and a Fiscal Report, Form SG-003a, for FY 97 (a~ached). These forms will be used to establish your Agency's "current level of snowmobile enforcement activity" and the associated Snowmobile Safety Enforcement Grant Fund Allocation. These reports must be received in this office by October 8, 1997. Applications not received by this date can not be considered. Completed forms should be mailed to: Snowmobile Safety Enforcement Grant . DNR- Enforcement, Box 47 500 Lafayette RD. S1. Pau~ MN 55155-4047 LJNK Informalion: 1'l12-2lJh.6157. I-X()()-71'l1'l.1'l()()O . TTY: 612-2%-54X4. I-XOO-657.3929 .\n FqlJ~11 ()p~" IrlUllIly hllplll\ \.t ft I'rlllkd 11I1 l{\:I..'\ I..'k,! I';;PI.."I" (','nl:IHlln~ .1 ~~ \11111111,1:1\ ,d ~ ['. ....~.. \'!1',:1!!~~'~ '). '-. \\ "11 \.:lUl"" : llver''ll\ Snowmobile Grant Page Two Once the Snowmobile Safety Enforcement Grant Fund Allocations are made, your agency will have until October 31,1997, to complete the total application packet, obtain signatures, and return documents to this office for approvaL After final approval your Agency should receive payment in about four weeks. If you have any questions, please contactLT GeraIdPeterson at 218/828-2601. . SJ!:'tJ~ COL Leo Haseman, Director Division of Enforcement . p r= l'"' C" 'I~ f '-L'. ~ . .-'1-. I -.. ~"T tJ ;J ; 1 5 1997 Minnesota Department of Natural Resources October 8, 1997 Dear Local Law Enforcement Administrator, I have received your application for Snowmobile Safety Enforcement Grant Funding in the form of the reports you submitted. I am pleased to inform you that your agency qualifies for the funding amount as indicated on the Agreement Form in the Grant Application Packet (attached). . Please follow the attached grant application instructions carefully and submit the required documents to the address below: Snowmobile Safety Enforcement Grant DNR- Enforcement, Box 47 500 Lafayette RD.. St. Pau~ MN 55155-4047 Please note the deadline for submitting grant applications is October 31, 1997. Applications received after this date can not be processed. Grant fund payments should be sent about four weeks after your completed applications forms are received in this office. . Your Agency must submit Completion Reports (SG-002 & SG-003) by May 1, 1998. Please refer to the Grant Application Instructions (Form SG-005, sections 5-6) for furth~ details. If you have any questions, please contact LT Gerald Peterson at 218/828-2601. Q:,e~ r~ COL Leo Haseman, Director Division of Enforcement DNR Informarion: 612.296-6157. i-;-\()(}-7fl6-r)()(}(} . TTY: 612-:u".5~X~. .\01).h"-..:"2" \;. E.Jll~:! C):-'0\'rUr1lt\ ~:~1:"~'.'\":~ "'" p~.;~ ~~.':,.. ~..: " 'Form 5G-006 SNOWMOBILE SAFETY ENFORCEMENT GRANT AGREEMENT Oc1obec 15, 1997 AGENCY South Lak~ Minnctooka Police DepartmCDt AMOUNT OF PAYMENT 1ERM OF AGREE?vIENT DA1E OF AGREE?vIENT S1000.00 July 1, 1997 Through Jl.U1e 31, 1998 THIS IS AGREEMENT, as per DATE OF AGREEME1'l.!, between.thes:r.A.7E.GEMn'n-tES.aT~actin.g~)Laodilirough the Commissioner ofNawral Resources, hereafter referred to as the 'State", and above named Local Law Enforcement Agency, hereinafter referred to as the "Agency". Whereas, Under the provisions of Minnesota Statutes 97A.205, Section 383.03, and Chapter 436, all law enforcement officers are authorized to cany out the provisions of Chapter 84 and the Snowmobile Regulations Rules, hereinafter referred to as the "Minnesota Rules", promulgated by the Commissioner ofNawral Resources, including patrol and enforcement of the snowmobile rules and regulations, all hereinafter referred to as "Local Law EnforC(lllent Agency Duties"; and Whereas, in connection with Local Law Enforcement Agency Duties, the Local Law Enforcement Agency must submit to the rent ofNawral Resources, Division of Enforcement, a budget to cany out the ~ Law Enforceme~~ Agency puties; and Whereas, Under the provisions of Laws of Minnesota 1997, Chapter 216, Section 5, Subdivision 8, the Department ofNan.rraI Resources, Division of Enforcement is authorized to grant funding to local law enforcement agencies for the purpose of snowmobile law enforcement activities above and beyond current levels of snowmobile law enforcement; and Whereas,-The Local Law Enforcement Agency has submitted a proposed budget to perform the Local'Law Enforcement Duties to the State which is attached hereto as Form SG-009. NOW, THEREFORE, it is agreed as follows: A. (DUTIES) The Local Law Enforcement Agency shall perform the Local Law Enforcement Agency Duties as defiDed herein. These duties include enforcing all snowmobile statutes, regulations and rules, including but not limited to alcohol related offenses and illegal operation of snowmobiles. Work efforts are to be coordinated with Department ofNaturaI Resources Conservation Officers. An operation budget (SG-009) and all reports (SG-002 & SG-003) are to be completed and submitted to the State. .ERM) This agreement shall be effective under Term of Agreement as stated above. Funds not expended by the later date shall be returned to the State. In no case will expenses incurred outside of this agreement be funded by the State. C. (PAYMENT) The State shall advance the Local Law Enforcement Agency the Amount of Payment as stated above for the activities stated in Laws of Minnesota 1997, Chapter 216, Section 5, Subdivision 8. Further detail on allowable expenses is stated in "Allowable Expendiwres under the Snowmobile Safety Enforcement Program" (Form SG-004), attached to this document and incorporated herein. D. (REPORTS) The Local Law Enforcement Agency shall promptly submit reports on both activities and expendiwres when requested by the State. E:-tREGORDS) The books, recoreis-, dea.unents, and aecounting procedures, a5d p~cricesofthe L'1Cal LID.v F..f"crcerr'PO'f' ~ency relevant to this grant shall be subject to examination by contracting department, as well as the legislative and state auditors. Records shall be sufficient to reflect all costs incurred in performance of this grant. F. (EQUIPMENT) The title to all items of equipment purchased "ith funds from this grant shall remain with the Local Law Enforcement Agency. All equipment purchased entirely with these funds must be used only for snowmobile safety enforcement activities. "0 G. (TERMINATION) The State may terminate this agreement "with cause". The term "with cause" shall mean that the Local Law , Enforcement Agency and lor administrator has failed to cany out the responstoilities mandated under this Agreement Provided. however, this Agreement may not be terminated without 30 days written notice by the State setting forth the "cause for termination". ff at any time within the 30 days "cause for termination" notice period, the State detennines that the "cause for termination" is not cured within the 30 day notice period, the Local Law Enfofcement AgencY shall retun1aD.y unused funds advanced as of the date of termination. IN WITNESS WHEREOF, the parties have caused this contract to be duly executed intending to be bound thereby. .0" . AUTHORIZED SIGNATURES A en State Local Lsw Euforccmc:m Administrator Date DcpartmaJt ofNaanI Resouro:s Date f?LQ~ I 0 - 2-\ ~I BoardICounal CWrpc:mx1 Date ~/l 4/~ , AuditocIF"JSCal 0fIiCCl" Date State ofMiaaesot1l Anomey General's 0fIic:e Approved -Date maWz&~ as to form _ execution. - 10 -"Z..{ -~"l Assistaot .AlUlmc:y Gcntnl CODING BELOW THIS LINE IS FOR DEPARTMENT OF NATt.TRAL RESOURCES USE ONLY IT FUND AGENCY ORG APPROPRIATION UNIT ACTIVITY' OBJECT CODE RPT. CATEGORY A.lrtOUNT VENDOR NA.\!E PO NUMBER. INVOICE . . .. To: From: Date: Re: Mayor and City Council Jim Hurm, City Administrator November 3, 1997 Work Sessions & Agenda Topics for Council Review 1 2 3 4 5 6 7 11/1 0 11/12 11/17 11/19 11/25 12/1 12/8 Administrative Sanctions - Tree Policy Plannin Commission Procedures CIP Issues - Water & Streets Senior Housin Discussion Com rehensive Plan Review Com rehensive Plan Review Interview for Park & Plannin (iifieallea;~ii; Review City Goals, Values & 1997 Priorities; City Administrator Performance Review Snowmobiles - With Neighbors Along LRT Spring Park Festival Plannin Commission 1/98 Citizen Participation at Council Meetings & 0 en Forum Discussion on Metropolitan Council Park Commission & Foundation Metropolitan Council re resentatives pjp November 1997 3 4 7:00p Planning Comm I 9 10 11 7:30p City Council Veteran's Day 7:30p Park Com 16' 7:30p CC Work Session - CIPiBudget Cont. 7:15p CC Work Session - Planning Com 5 6 12 13 17 7:00p Planning Commission 18 19 7:30p CC Work 7:30p Park Session - Sr Hsg Foundation 20 21 -City Appreciation Party 23 24 25 7:30p City Council 11 :30a Office staff meeting 26" 27 28 Thanksgiving Office Closed .. Saturday 9:00a Gideon's Wood/Mayor 1 7 8 14 15 22 29. 30 December 1997 Monday Tuesday 1 7:30p City Council 7:00p Planning Work Session - Comm Comp Plan Sunday 7 8 7:00p Commission 7:30p Park Com Interviews 14 15 16 7:30p City Council 7:00p Planning Commission 21 28 221 23 11 :30a Office staff meeting 29 Wednesday 2 3 7:30p City Council 7:30p Truth & Taxation 9 10 5:00p Snowmobile Training 24 Office Closed at Noon 30 Thursday Friday 4 11 5:00p Snowmobile Training 7:30p Truth & Taxation - Reconvened 17 18 Christmas 25 Saturday 5 6 12 13 . 9:00a Snowmobile Training - Practical 19 20 26 27 31 . r CHECK APPROVAL LISTING FOR NOVEMBER 10, 1997 COUNCIL MEETING CHECKS ISSUED SINCE OCTOBER 22, 1997 CKNO TO WHOM ISSUED PURRl3E AMOUNT 21780 US POSTMASTER HWY. 7 MAILING $267.09 21781 THERESA NAAB MILEAGE/POSTAGE REIMB 168.05 21782 PETTY CASH PETTY CASH REIMB. 89.42 21783 US POSTMASTER NOV. NEWSLETTER POSTAGE 547.91 21784 PEPA PERA. 2,541.08 21785 ICMA RETIREMENT TRUST 457 DEFERRED COMP 1,533.36 21786 CllY COUNlY CREDIT UNION PAYROLL DEDUCTIONS 929.00 21787 ANOKA CO SUPPORT/COLLECT CHILD SUPPORT -C. SCHMID 156.50 21788 MN DEPARTMENT OF REVENUE STATE TAX 1,285.65 21789 KATHLEEN HEBERT SEC 125 REIMB/MILEAGE & EXP. 315.34 21790 PAMELA HELLING MILEAGE 23.31 . 21791 JAMES HURM MILEAGE & EXPENSES 223.96 21792 AT&T WIRELESS AIR TIME 196.89 21793 NORTHERN STATES POWER UTILITIES 592.97 21794 JOSEPH PAZANDAK MILEAGE/SUPPLIES 129.04 21795 ALAN ROLEK SEC 125 REIMB 114.00 21796 US WEST COMMUNICATION/ADVERTISING 1,635.10 21797 GRUSSING ROORNG PERMIT REFUND 20.50 21798 CYNTHIA NELSON REFUND U/B OVERPAYMENT 32.01 21799 ROGER FAZENDIN REALTORS REFUND DOUBLE U/B PAYMENT 165.68 21800 GTE DIRECTORIES ADVERTISING 39.00 21801 QUALllY WINE & SPIRITS UQUORIWINE PURCHASES 1,541.62 21802 PEPA NOV. PERA LIFE INSURANCE 45.00 21803 MEDICA NOV. HEALTH INSURANCE 4,558.91 21804 HEALTH PARTNERS NOV. HEALTH INSURANCE 2,912.51 . 21805 LEAGUE OF MN CITIES NOV. DENTAL INSURANCE 562.76 21806 MINNESOTA MUTUAL LIFE NOV. srr DISABILllY 90.00 21807 UNUM LIFE INSURANCE CO NOV. LIFE INSURANCE 85.90 21808 AFSCME COUNCIL 14 NOV. DELTA DENTAL 224.00 21809 CllY OF TONKA BAY NOV. RENT-TB LIQUOR 1,000.00 21810 GRIFFIN COMPANIES NOV. RENT-L1Q I 6,901.00 21811 TOWLE REAL ESTATE CO NOV. RENT-L1Q II 3,358.79 21812 ANCHOR PAPER CO PAPER 61 .44 21813 BRADLEY NIELSEN SEC 125 REIMB. 100.00 21814 NORTHERN STATES POWER UTILITIES 2,914.97 21815 CllY OF TONKA BAY CIGARETTE L1CENSE-TB L1Q 50.00 21816 US WEST COMMUNICATIONS 180.64 21817 FLARE HEATING & AlC REFUND PERMIT-NOT IN SHWD 20.50 21818 G R MECHANICAL REFUNDOVERPMT-PRV 145.00 21819 BELLBOY CORP. UQUOR PURCHASES 4,012.88 21820 BELLBOY BAR SUPPLY MISClSUPPL Y PURCHASES 529.38 Page 1 . . fO> CKNO 21821 21822 21823 21824 21825 21826 21827 21828 CHECK APPROVAL L1STIt;G FOR NOVEMBER 10, 1997 COUNCIL MEETING CHECKS ISSUED SINCE OCTOBER 22, 1997 TO WHOM ISSUED GRIGGS, COOPER & COMPANY JOHNSON BROS. LIQUOR CO LAKE REGION VENDING LEEF BROS. PAUSTIS WINE COMPANY PHILLIPS WINE & SPIRITS QUALITY WINE & SPIRITS THE WINE COMPANY PURPa3E L1QUORIWINE/MISC PURCHASES L1QUORIWINE PURCHASES MISC PURCHASES MATS WINE/BEER PURCHASES L1QUORIWINE/MISC PURCHASES WINE PURCHASES WINE PURCHASES TOTAL CHECKS ISSUED Page 2 AMOUNT $18,006.98 16,839.16 1,383.75 26.20 917.80 15,331.98 658.38 308.05 ~ Clry OF SHOREWOOD CHECK APPROVAL LIST FOR NOV. 10, 1991 COUNCIL MTG CHECK~ VENDOR NAME DESCRIPTION DEPT. AMOUNl ._._._.___.__ .____._._.._._____._.___.__________ .___._._______._.______.________ ________ _________w__ 21829 EARL F. ANDERSEN, INC. SIGNS TRAF CON 1,151.63 21830 BITUMINOUS ROADWAYS, INC. COLD MIX-WINTER RD PATCH STREETS 21831 BRYAN ROCK PRODUCTS, INC. HOCKEY RINK URr-;r i...jr~lGE REPr~lI P ***fOTAL FOR BRYAN ROCK PRODUCTS, 21832 CUW COMPUTER CENTERS INC COMPUTER EQUIP Pr-;R}<~S & jyjUN SLOG 21833 CARGILL SALT DIVISION ICE CONTROL + SALES TAX SNOW & I T FU~F CON 21834 COLLINS ELECTRICAL SYSTEM SIGNAL MAINT .135:;:, COORDIl".lr;:lTEU BUSli'..~ESS 21856 DALE GREEN CO MAINT CONTRACT-COPIER SY~3 T DF':r~ll Nr:lGE RE Pr:::: I R 21851 D.C. DRIVES Hr::lh'D DRI...."ES 21858 EXCELSIOR-CITY OF SIGNAL-OAK ST 3RD QTR WATER PURCHASE ~~~ TOTAL FOR EXCELSIOR-CITY OF :llt3~~(9 !::)(C.~EL.S.1 C!f~~ QTPLY DUES ROTAF.:Y CLUB lyjEr;LS./E)(P *** TorAL FOR EXCELSIOP POTARY CLU 21840 E-Z RECYCLING INC. OCT RECYCLING CONTRACT l"1UN SLDG l",UN SLDG Th~AF CON I,.,IATER DE ~2 :s ..:1()~3 .. 8() r::::Dt-jI N r;DMIN F:ECYCLIN WATER TREATMENT CHEMICAL WATER DE 21841 FEED-PlfE CONTROLS, INC. .t54~Z FINr:l FLf::.ET FUELING FUEL CITY GAR t<Z8.. .l() .4t.,~Z N )' t.l i::.r', ~ "'''l'~ __""J.......J "" ..........J. Q',1 11 , C., . , , J. , 221 " 94 ~i ~l. 6 ... .::1 .~::j (:.J J~.) 1.1 ..:.~ ." .~..,~ I .,'_ /.f/.l'l H ()() ll~Z.. ~5() 1 -,~q1 nt', , ......f ," I .. OJ '.' 150.54 2 ~ 3331 N 2e.' /.{.tJ .. ()() l'q. f:J '4 () () 18() M ()() I.f, :2 S.:::! '4 'I:)() 2,f.9l()...3':5 I.l~Z3.. .::l() 21843 GOPHER STAfE ONE-CALL, IN ONE CALL SERVICE WATER DE 23.62 ONE CALL SERVICE SEWEP DE 25.65 *** TOTAL FOP GOPHER STATE ONE-CAL 41.25 21844 JIM HATCH SALES CO. EOUI P lYjAlj"'.ll 21845 HENNEPIN COUNTY TREASUPER SEPT PRISONER EXP 21846 HYDRANT SPECIALIST INC \.,1f:::: l ER PEPr-":1 I P 21841 IN1ERS1ATE BATTEPY INC Bf~T TEf~IES :?J.~i4t\ f<.t::i...j Jr;PCHU INSURANCE LIQUOR LIABILITY LIQUOh~ LlABH_ITY *** TOTAL FOR KEN JARCHO INSURANCE 21849 KOKESH LANDSCAPE SF< l~ 'j' h: l_f;:~f".~l)SL~f~F)E. 2J_~~5() l_AKf~LA~tD ENG E~QlJIP (;0 WA'J"ER EQUIP MAIN"!' Page 3 CITY GAR POLICE P 1..,lr;TEP DE CITY GAR t.~ ~ 85.::,.. ()() il..if;'rE:h~ [)f:: :2 1.+ :~~ 14 ::' !::I :~() ... ()() 1 ...:.:<(..It..... ,....ff~..1 . ~ ;.i....... '..J' oJ.. 'J 'J 118.11 .3:-. f.>(:'''q... ()() 3" 191. ()O 2 ;, L~~.l'::'"t.. .:;r() ", ':.:''"? ,~. .~- ..:" " CITY OF SHOREWOOD CHECK APPROVAL L1S1 FOR NOV. 10, 1991 COUNCIL MTG CHECKW VENDOR NAME DESCRIPTION DEPT. AMOUNT ___WO__O"_'__ _'_'_"_~___'_'_'_____'____'_______ --___.____________._..~__.___ .-----.--- ..-----.---....-- 21851 LEAGUE OF MN ClfIES INS T INSURANCE 21852 L.IFE AND SAfE'J"Y FIRST AID SUPPLIES 21853 M & M AUTO BODY INC ",/EH I eLE REP{~ I F.; MAINT CONTRACT-DUPLICATO MUN BLDG .1.:::1 ,~ t;t () 21854 METRO SALES, INC. 21855 MIDWEST ASPHALT LUK~_ Tf~lCK (TAX) 21856 OFFICE DEPOT OFF ICE SUPPLIE::) 218:::,1 i,I,,if-l. i"!UELLER .~, ElL r;~C}<, TOP BU~Cf<, T OP Sr~ND BU;CK T OP *** TOTAL FOR WM. f-lUELLER & ::)ONS ,. C""", u', "', 'C' ...:)CJ!"~~) ~ 1 !,-.{ ..,~ . 21858 NAVARRE TRUE VALUE 1 CE i"jEL T SLDG j"1r::l1f'iT Pr;f?}<; SUPPL 1 E:3 EQUIP f"jr=lINT SUPPLIES PUMP HOUSE REPAIR *** TOTAL FOR NAVARRE TRUE VALUE ~z 1 ~:s .::1 t::.t ORR.SCHELEN,MAYERON/ASSOC SEPT GEN ENG SEPT GEN Ef'.IG SEPT Ir,ir:;TEf~; ENG SR em ENG SHADY ISL BRIDGE BLDR Bf"4DGEP ENG !::UF,;tj<;r~ RD Ei'-.lG SO LINK ENG Sf"ll T H T (1ir!N E NG TOTAL FOR ORR.SCHELEN.MAYERON/ . ENG ::\(;(<;~ 21860 PITNEY-BOWES INC. POSTAGE METER RENTAL 21861 F)f~;O:3 T r:;F F TEi1P HELP 21862 RED WING"S MOBIL SERVICE EQUIP f-lAINT 21863 RIVER VALLEY AUTO PAPTS EQUIF) i1r::df'lT HUN BL_D(~ S4,180~OO C~ 1 T \,' l~f~1f~ 44.89 CI TY Gr:;P ~3l t~ ,. '~~'.l ..:l:251 .. ()() S T Ft~f= I:: T ~3 GEN GO\" T 116..10 S'I'REE'i"S 92S~70 ---------- 576..00 SNOW & I 116.26 PARKS & 164.51 ~: ~~ ~)~:~~z '4 51~1 i1Uf".1 B L 0 (;; i"lUN E3L.UG 1 9 . 1.::. ~~1 ~:s.1 '4 () ':;1 PARKS & 18.96 CITY GAR 21.66 CITY GAR 6.04 WATER DE 31.94 ~ ..q.)'8Mt~,4 2:! ;$ 3~:.lt~ .. 3.:~ ::;;TREETS Ir,lr:;T!::P DE t':''l2t'l.. <)C1 .1 )' () ,. (J() !~, 3 ... .~::i () .l() =' 3.SC' ,. f~.'jS 2.55.. ()() 1.12 .. .::1 () ,q )' f9 .. .:'-' {::.'J . .# .....~.. .... ~.. bb',) ... 1....."._) l t'l ~ () f....';J .:) ,. ~3 ':;) r'lUN f:3LDG 2J.0. /9 GEi"l GO\"T l t.'".J.S H ()() CIlY G{lh~ 21.l '. .:::l() CITY Gr:;R 9.49 21864 ROWEKAMP ASSOC. APCVIEW SOFTWAPE/TRAININ PLANNING I.llE5,. if:;, 21865 SENIOR COMMUNITY SERVICES OCTOBER JANITORIAL 21866 SENSIBLE LAND USE COALITN 98 MEMBERSHIP DUES 21861 SHOREWOOD TREE SERVICE TREE/STUf-lP REMOVAL Page 4 j'-1UN BLDG :i' ~ICI ,. ()() PL(;NNl i".IG )' .~::I .~ () () l REE i"1f~d ~5 :--) f) ,~ ~:~t ,~::; C H E C !o( F-~ E G 1 (" T E R I, ~ CHECK CHECK El1PLOYEE N:;I-jE CHECK CHECK TYPE D!~ T E rlUl-jBER NUMBER :;MOUN T COl1 10 28 9/ InQ EI-11 L Y G BASTYR 212305 2"1 .02 'J ~ COI-j 10 28 9"1 110 CONNIE D. BASTYR 212306 ~52CI .. 8"l cor1 1{', 28 9/ lIS LAI,'liRENCE A.. BFWWN 21230/ 1432.48 Cor1 10 28 9/ 325 ANGELA t-J. COLE 212308 403.22 COM l() 28 QO', ~I.=I() THor-iAS A.. DAHLBERG 212309 230.8l ~ I Cor-i 10 28 9l 500 CI-lARLES (" DAVIS 212310 "161.40 .:>. cor-j 11'0 28 91 //5 JAr-1ES C. EAKINS 212311 -, oo, .. 6() I_I COM 1" 28 9/ 110() JOHN J. GARFUNKEL 212312 184. /0' I..,.,' COI-l 10 28 9l 1190 KATHLEEN A. HEBERT 212313 661./3 COr-I l() 28 9/ 1400 PATRICIA R. .HELGESEN 212314 554.85 COI-j 10 28 97 1550 J AI-iE S C. HURM 212315 1/48.30 Cor-I 10 28 9/ 1601 BRIAN D. JAKEL 212316 46. /6 COr-i lC' 28 9/ 1/0C' JEFFf~EY A. JENSEN 21231/ 945.43 COl1 , " 28 9/ 1800 DENNIS D. JOHNSON 212318 843.40 ......1.....' COI-l In 28 f~, l 1 Q<;{', MARTIN L. JONES 21231 t..:) 64.16 s _.~ . Cor1 10 28 '.;;'l 2l(J() \.,IILLI:;f1 ,oo JOSEPHSON 21232() 632. ':?4 ,- . COI-l 1() 28 r" ... 2495 i"iOLLY D. LATTERNER 212321 1()5. II :,"" l COl1 10 28 9/ 2500 SUSAN 1"'1. LATTERNER 212322 642.68 COr-i lC' 28 QO', 2550 PETER ',A} . LENZEN 212323 :l~1.. 2t:+ ~ I COI-i lC' 28 9l 2800 JOSEPH P. LUGOWSKI 212324 1002. II COI-l 10 28 q'" 2805 JASON P LUND 212325 422.l0 , I COI-l l''J 28 9'7 29()() RUSSELL R. 1-1ARRON 212326 32.35 COr-I 1....:;. 28 9/ ';>Qo;:n JENNIFER T. r-lCCAR T Y 212327 182.51 ":""-'..Ju Cor-I In 28 Q'" 3()1'.)() THERESA L. NAAB 212328 601.58 ~ I Cor-i l(J 28 9l 3100 LAI,^!RENCE A. N I CCUr-l 212329 1124.40 cm'j 10"1 28 9l 3I:l()() 8f~ADLEY J. NIELSEN 212330 8/2.89 COr-l If) 28 '9"7 343() GERr;LD r; . O'NEILL 212331 184. lCI COM 10 28 9"7 3435 ANDI~E 1,10,1 C. OTTEN 2123'::f2 88.46 COr-l 10 28 '91 35C'0 JOSEPH E. PAZANDAK 212333 1085.65 COi"l l() 28 '7'7 3580 CHRISTOPHER J. POUNDER 212334 920.80 COr-l 10 28 9-"" 3600 DANIEL J. RANDALL 2012S35 919.94 . COi"l 10 28 '.;; l 3/01 6f~IAN M. ROERICK 212336 51.12 cor-j 10 28 9/ 3800 ALAN J. ROLEK 21233l 1142.03 COr-l In 28 9/ 3815 MICHAEL J. F-~UFFENACH 212338 343.66 'J COr-l 10 28 9/ 3900 CHRISTOPHER E. SCHi"lID 212339 448_44 COI-l 10 28 '~ -; 3910 R CONRAD SCHI1ID 212340 61.53 COM 10 28 S~l 4200 BRENDA L. SMITH 212341 181.40 COM 10 28 9l 4500 KRISTI STOVER 212342 184.l0 Cor-i 10 28 9'7 4515 REBECCA f~.. TARVIN 212343 188.90 COI-i 1() 28 9/ 45i/ PAI1ELA J. HELLING 212344 2()9.. ().::' CUi-j 10 28 9/ 4750 RALPH A. WEHLE 212345 669.56 :;Co;;o:;o: TOT AL 5;0:;0:;0:;0: 21322 _ 5() Page 6