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111296 CC Reg AgP ,.' ,.. ( CJ:TY COUNCJ:L REGULAR MEETJ:NG CJ:TYOF SHOREWOOD TUESDAY, NOVEMBER 12, 1996 5755 COUNTRY CLUB ROAD COUNCJ:L CHAMBERS 7:30 P.M. AGENDA 1 . CONVENE CJ:TY COUNCJ:L MEETJ:NG A. Roll Call Mayor Bean Stover Benson Shaw McCarty B. Review Agenda 2 . APPROVAL OF MJ:NUTES A. City Council Regular Meeting Minutes October 28, 1996 (Att.-#2A Minutes) B. City Council Special Session Meeting Minutes October 30, 1996 (Att.-#2B Minutes) C. Canvassing Board Meeting Minutes November 6, 1996 (Att.-#2C Minutes) 3. CONSENT AGENDA - Motion to approve items OD Consent Agenda &: Adopt Resolutions Therein: A. A Motion to Adopt a Resolution Establishing a 150' Buffer Zone on Area Lakes (Att.-#3A Proposed Resolution) B. A Motion to Adopt a Resolution Approving a Conditional Use Permit for Accessory Space Over 1,200 Square Feet (Att.-#3B Proposed Resolution) Applicant: Allan Larson Location: 4320 Oellwood Lane C. A Motion to Adopt a Resolution Approving a Final Plat - McCary Addition (Att.-#3C Proposed Resolution) Applicant: Thomas and Mary McCary Location: 6010 Ridge Road O. A Motion to Adopt a Resolution Correcting Levy #13502 and Authorizing Abatement of Assessment for pro 32-117-23-22-0022 (Att.-#30 Proposed Resolution) " . MATTERS FROM THE FLOOR (Presentations are limited to 3 minutes. No Council action will be taken.) !""- .. . CITY COUNCIL AGENDA - NOVEMBER 12, 1996 PAGE 2 OF 2 5 . pLANNING - Report by Representative 6 . CONSIDERATION OF A MOTION REGARDING A HAIlE CHANGE FROM EUREKA WAY TO REUTIMAN LANE (Att. -#6 Letter to Affected Residents) 7 . DISCUSSION OF POLICY REGARDING COMBINATION OF LOTS AND ASSESSMENTS (Att. -#7 Administrator's Memorandum) 8 . CONSIDERATION A MOTION TO ADOPT A RESOLUTION ELECTING TO CONTINUE PARTICIPATING IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT (Att. -#8 proposed Resolution) 9 . CONSIDERATION OF A MOTION APPROVING AN AGREEMENT FOR THE GROOMING OF FREEMAN PAIUt AND THE LRT TRAIL (Att.-#9 proposed Agreement) 10. ADMINISTRATOR &: STAFF REPORTS 11. MAYOR &: CITY COUNCIL REPORTS 12. ADJOURN SUBJECT TO APPROVAL OF CLAIMS (At t . - # 12 ) .'- ~ ~ . . - .. " 'CITY OF 1, , SHOREWOOB-,- ~755 COUNTRY C~UB ROAD · SHOREWOOD, MlNNESOTA 55331-8927 . (612) 474-3236- Executiv~ SunlmarY) Shorewo~d CityC~unciI Meeting Tuesday, November 12, 1996 ,--~' , .' Agenda Item 3A: This resolutionjdentifies the Jakes withinShorewood on which snowmobiles may be driven with a 150' buffer zone as permitted in the snowmobile ordinance recently adopted by ,the City Council. Agenda Item3B: Allan Larson requests a conditional use permitto build a detach~d gazebo on his property which brings the total amount of accessory space at 4320 Dellwood Lane tQ over 1200 square feet. The Planning Commission agreed with the Planning' Director's reconn:nendation to approve the ~.U.P. The:J:Ilotion to adopt this resolution will_fequire a four-fifths yoteCfor ,-approvaL_ \. '\ ! " . ',--~ /~/>, __ " ___'. _ ',," ..--or./"'; ..-,--' _ '..-- _ _'. ~ __," --:. ~ ,_ r' :. \, - Agenda Item 3C: Thi~resofution approves ah-Vo-lotsubdivisioriforThomas McCary, at6010 i Ridge ~oad. ApprovaFrequires a simple majority vote. ' .~ .... :' . l!', /' .----:\,~.-~ '_. ' . ~~,-:, ---<. "-~\\ . . ~/_ .' Agenda Item 3D: ,It has beeg.broughf to olit attention that the propertyo~ed by E.G. Wartman, 269~;; Edgewood Road, ,was erroneously included in the water system assessments adopted in / 1995. This occurred because the'original parcel was subdivided as part of the Heritage plat and; as such, was assessed $5,000 for'waterimprovements. However, wa~r was not extended allthe way t() the parcel and it did riot benefit by the improvement. The resolution in the packetcol'1"ects the assessment role and authorizes abatement of the assessment to the property until it is benefited 'by a \yater systempnprOV~JI~,ent.,. .' ''''o.,; " ',' "" _ \. .'</.' _ "_~~_~' ':'\ \:,____ 'c' . ' Agenda'Item 6: It appears from early input that neither residents of Eureka Way nor the proposed · Smithtown Way. are interested in having their street renamed to Reutiman Lane. I ,'\> '/! - " .' , '(c': .:C:;/ > , ,'\ ..' " Agenda Iterti 7: The Council should hold-a discussion on ho~ a lot cre~ted for only a shorttime--: only to oerecOJnbined with a-neighboring property should be treated under the special assessment policy. An example is the Herman prpperty on Eureka Road. A memorandum of explanation is enClosed in the packet.. ", , ,,: ' _ . \ , \' ,,/,' ;,.' ". \, -' :', \ Agenda Item 9: In order to continue: as a part of the Livable Communities Act Program, a _ 1"esolution must be passed and submitted to the Metropolitan Council by November 15; A resolution, which is very similar.to the one passed for 1996, is enClosed in the packet. Tom < Caswell from the Metropolitan Council staff will beable to attend the meeting 'if you have any questions. . - .. . : ,") ,', Agenda Item 10: This is an agreem~nt with the Southwest Trails whereby they agree to groom the LRT trail through Shorewood to our specifications and agree to groom the cross country trail in Freeman' Park. .....:.. A Residential Community on Lake Minnetonka'S South Shore # CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY, OCTOBER 28, 1996 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING DRAFT Mayor Bean called the meeting to order at 7:30 p.m. A. Roll Call Present: Mayor Bean; Councilmembers Benson, McCarty, Shaw, Stover; City Administrator Hurm; City Attorney Tim Keane; Planning Director Brad Nielsen; Finance Director AI Rolek and Engineer Larry Brown. Review Agenda B. . Mayor Bean noted the Park Commission would be added to the agenda as Item 5A. McCarty moved, Stover seconded to approve the agenda for October 28, 1996. Motion passed 5/0. 2. APPROVAL OF MINUTES City Council Regular Meeting Minutes October 14, 1996 Stover moved, Shaw seconded to approve the City Council Regular Meeting Minutes of October 14, 1996, as submitted. Motion passed 5/0. 3. CONSENT AGENDA Mayor Bean read the Consent Agenda for October 28, 1996. McCarty moved, Stover seconded to approve the Motions on the Consent Agenda . and to adopt the Resolutions therein: A. A Motion to Approve Job Descriptions for Secretarial & Part Time Clerical Positions B. A Motion to 1\uthorize an Appointment of a Light Equipment Operator c. A Motion to Authorize an Appointment of a Secretary D. A Motion to Approve a Revised Contract for Desk Top Publishing Services E. A Motion to Approve a Contract for Janitorial Services F. A Motion Adopting RESOLUTION NO. 96-92, "A Resolution Making an Appointment to the Park Foundation" G. A Motion Adopting RESOLUTION NO. 96-93, "A Resolution Granting Approval of the Final Plat of Woodside Second Addition" ~. REGULAR CITY COUNCIL MINUTES OCTOBER 28, 1996 - PAGE 2 4. MATTERS FROM THE FLOOR Alexia Kelsey, 25605 Smithtown Road, expressed appreciation for the support shown by the Council for the Kids Safety Sunday event. Ms. Kelsey noted that the event was rescheduled due to its popularity. She stated she would like to have Kids Safety Sunday scheduled for May 18, 1997. She is currently seeking sponsors for the event and noted several businesses have expressed an interest. Mayor Bean asked staff to address this matter. 5. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION APPROVING THE SALE OF $860,000 G.O. WATER REVENUE BONDS, SERIES 1996A Bob Thistle, Springsted Public Finance Advisors, presented fmdings on the bidding process. Mr. Thistle noted the City's credit rating to be AI, which is considered a very high rating for a city the size of Shorewood. Mr. Thistle recommended the Council approve the low bid of Juran & Moody, Inc., with an interest rate of 5.1793 percent. Shaw moved, McCarty seconded adopting RESOLUTION NO. 96-94, "A . Resolution Approving the Sale of $860,000 G.O. Water Revenue Bonds, Series . 1996A to Juran & Moody, Inc., at an interest- rate of 5.1793 percent." Motion passed 5/0. A. PARK COMMISSION Park Commissioner Dan Puzak reviewed the matters considered and actions taken at the Park Commission Meeting held on Tuesday, October 22, 1996 (as detailed in the minutes of that meeting). 6. PLANNING Planning Commissioner Turgeon reviewed the matters considered and actions taken at the Planning Commission Meeting held on Tuesday, October 1, 1996 (as detailed in the minutes of that meeting). A. A Motion to Adopt a Resolution Approving the Concept and Development Stage Plans - Watten Ponds P.U.D. Applicant: Abingdon Development Corp. Location: 5370 & 5340 Eureka Road . Planning Director Nielsen noted the following changes to the Concept and Development Stage Plans for Watten Ponds P.D.D. Page 3, Conclusions, Item B3, delete the last sentence and add, "The natural buffer for Lots 4-7, Block 2, shall be 40 feet." Page 4, Item 7, in addition to the listed restrictions, add "yard waste disposal and fertilizer application within wetland buffer areas." Page 4, No.8, the front yard setback should be 30 feet rather than 35 feet; under the asterisk should read, "The wetland buffer for Lots 4-7, Block 2, shall be 40 feet," as opposed to 35 feet. Mayor Bean inquired with respect to the detached accessory space restrictions. Nielsen noted that would need to be added as provision No. 12. Mayor Bean stated this should specifically include tennis courts. In addition, Mayor Bean recalled concerns which had been raised with respect to restricting landscaping and preserving as much natural vegetation as possible as opposed to . . REGULAR CITY COUNCIL MINUTES OCTOBER 28, 1996 - PAGE 3 sodding the yards. Nielsen suggested adding to Page 3, No. 11, "with provisions to maximize the amount of natural vegetation on each home site." Councilmember Stover, noted on Page 2, Findings of Fact, No.7, the word "proposes" should be stricken. Nielsen agreed with this change. Stover moved, Benson seconded adopting RESOLUTION NO. 96-95, "A Resolution Approving the Concept and Development Stage Plans - Watten Ponds P.U.D. for Abingdon Development Corp., 5370 & 5340 Eureka Road," subject to the changes made. Motion passed 5/0. B. A Motion to Direct Staff to Prepare a Findings of Fact Regarding Conditional Use Permit for Accessory Space Over 1,200 Square Feet Applicant: Allan Larson Location: 4320 Dellwood Lane Mr. Larson was present. Mayor Bean noted it appeared the proposed location of the gazebo would require the removal of an 11 inch oak tree. He asked if the gazebo could be moved to the north and located in the open space. Mr. Larson stated the proposed location is an open space, noting another oak on the property had been disturbed and then died. He noted a tree preservation and replacement plan has been included with his request. Stover moved, Benson seconded directing staff to prepare a Findings of Fact regarding a Conditional Use Permit for accessory space over 1,200 square feet for Allan Larson, 4320 Dellwood Lane. Motion passed 5/0. C. A Motion to Direct Staff to Prepare a Findings of Fact Regarding Conditional Use Permit to Co-locate Personal Communications Services Antennas on Shorewood Water Tower Applicant: SBA, Inc. (representing Sprint Spectrum L.P.) Location: 5500 Old Market Road Dale Runkle, Zoning Manager for SBA, appeared along with Sonya Dusil and Steve Wallik. Mr. Runkle commented the water tower meets the design criteria and is the only facility which will be needed within the community to launch the system. It is anticipated the system will be in place by March, 1997. Councilmember McCarty noted there is still some question as to the necessity of a permanent surface with which to access the equipment. Nielsen explained a construction easement will be necessary, however, once the equipment is installed, the original landscaping will be replaced. Councilmember McCarty inquired with respect to security lighting and expressed concern any type of lighting be kept to a minimum as well as hooded. Ms. Dusil noted SBA would not be requesting any lighting on the site. Mayor Bean noted the additional space on the platform where the BTS unit is to be located and asked if any plans were anticipated for the future use of this space. Mr. Runkle explained the platform has space available for an additional BTS unit as well as amplifiers and work space. Mayor Bean also asked what type of fence would be used. Ms. Dusil stated the fence would be a 6-foot high chain link fence with barbed wire along the top for security purposes. REGULAR CITY COUNCIL MINUTES OCTOBER 28, 1996 - PAGE 4 Councilmember Shaw felt the platform was large and asked what was anticipated to be contained on the platform. Mr. Runkle explained the platform could accommodate additional equipment or an additional BTS unit if the present unit exhausts its capacity. Councilmember Shaw inquired if approval of this request would constitute approval of other changes SBA may want to make. Nielsen noted if SBA would want to change the antenna or equipment, a request would need to be brought before the City. Councilmember Shaw expressed concern that additional BTS units would be added beyond the two for which there is space and he stated he would be more comfortable with a building should additional BTS units be requested. City Administrator Hurm noted these concerns could be addressed in the lease agreement which will be reached between the City and SBA. Shaw moved, McCarty seconded directing staff to prepare a Findings of Fact regarding a Conditional Use Permit to co-locate personal communications services antennas on Shorewood Water Tower for SBA, Inc., representing Sprint Spectrum L.P., 5500 Old Market Road subject to entering into an agreement. Motion passed 5/0. Mayor Bean noted he would be in agreement with Councilmember Shaw that a building should . enclose the equipment should additional BTS units become necessary beyond the capacity of the proposed platform. D. A Motion to Direct Staff to Prepare a Findings of Fact Regarding Appeal Interpretation of City Code Regarding Non-conforming Docks Applicant: James Cabalka Location: 58XX Christmas Lake Road Attorney Mark Kelly appeared on behalf of the CabaIkas. Mr. Kelly explained the position of the CabaIkas and stated he felt it reasonable for the Council to conclude the CabaIkas' dock rights were grandfathered in. Councilmember Stover related her understanding the issue is not how long the Cabalkas have lived in their home, but rather how long the dock has been in existence. She pointed out letters had been received from people expressing their memory of what existed in the 1960s and that approximately . half of the letters submitted recall a dock and half recalled no dock. Councilmember Stover suggested staff be directed to research the Hennepin County archives to assist in arriving at a defInite answer. Planning Director Nielsen was uncertain if the aerials at Hennepin County would reveal anything different than the aerials which had been provided by Mr. CabaIka, however he noted staff could research this matter. Councilmember Shaw suggested the DNR may have aerial photographs which were obtained during a study which was made of the lake. He felt the DNR would be a more helpful source. Mayor Bean noted the issue of the dock had been raised due to the concerns of residents. He felt it would be appropriate to have staff research the matter to reach a complete conclusion. Councilmember McCarty noted her agreement. Stover moved, McCarty seconded directing staff to research the matter and continuing the matter to November 25, 1996, for further consideration. Motion passed 5/0. " . . REGULAR CITY COUNCIL MINUTES OCTOBER 28, 1996 . PAGE 5 7. CONSIDERATION OF MOTIONS REGARDING PROPERTY LOCATION AT 25565 SMITHTOWN ROAD Ms. Naomi Carlson appeared to address the Council. A. A Motion Regarding Safety Concerns Related to Abandoned Property Mayor Bean commented that since security has been maintained he would be willing to allow this matter to be continued, however he asked that staff review the property on a weekly basis to assure security is maintained. B. A Motion Regarding Request to Abate Charges Levied Mayor Bean noted the Council had previously discussed the sump pump charges were not intended to be punitive in nature as much as to ensure participation. He stated he would be inclined to waive the sump pump charges for this year, however he would not be in favor of abating the legal fees. Councilmember Stover felt this would be a reasonable compromise. Ms. Carlson addressed the Council expressing her disappointment the hearing had not been postponed, but rather remained on the agenda at the last Council meeting. Mayor Bean clarified that this matter had in fact been tabled that evening. Ms. Carlson stated she had asked to have the matter tabled and this request was denied. Mayor Bean pointed out that he cannot of his own accord arbitrarily remove a matter from the agenda. The direction the evening of the meeting was that no action would be taken. Ms. Carlson stated she did not feel the sump pump charges were a service and requested that all of the sump pump fees be abated. She pointed out she had addressed the issue immediately after she was made aware of it. With respect to the legal fees, Ms. Carlson stated they had been hidden in the clean up charges. She further requested the property not be referred to as abandoned, but rather as vacant. Councilmember McCarty pointed out this matter did remain on the agenda and clarified that Mayor Bean may not of his own motion remove an item from the agenda. She noted that it was the duty of the Council to look at the issue of the safety of the property and pointed out the remaining issue had been tabled. Councilmember McCarty stated she had indicated to Ms. Carlson in a telephone conversation the Council would consider tabling the matter. Councilmember Benson explained the agenda is published and there are certain procedures which must be followed to table a matter which is noticed on the agenda. Councilmember McCarty expressed her opinion the legal fees should not be paid by the Shorewood taxpayers. Councilmember Benson did not feel the plan was to utilize sump pump charges as a penalty, but rather to encourage people to have the inspection done quickly. He was in agreement with Councilmember McCarty with respect to the legal fees, however he felt the sump pump charges for 1995 and 1996 should be abated. ' Councilmember Shaw noted Ms. Carlson has complied with the concerns of City Staff. He felt that since she has dealt with the safety issues and is working on the property, he would be in agreement with abating all of the sump pump charges, although he did not feel the legal fees should be abated. Shaw moved, Benson seconded to abate all of the charges levied against 25565 Smith town Road for violation of the sump pump ordinance. REGULAR CITY COUNCIL MINUTES OCTOBER 28, 1996 - PAGE 6 Councilmember McCarty suggested perhaps a token sump pump charge would be appropriate. Councilmember Shaw acknowledged although it was a poor business decision on Ms. Carlson's part to allow this situation to go this far, it was the contract purchaser of the property who actually violated the sump pump ordinance. He further stated this was not meant to be a way to generate revenue and the intent was not to penalize, but to encourage compliance. Mayor Bean pointed out Ms. Carlson is ultimately the fee owner and is responsible for the payment of the taxes. Finance Director Rolek noted there have been charges in the past which have been waived, however, once they have been assessed, they have not been abated. Councilmember Stover asked if the property owners are aware of how much will be assessed and if they receive notice the Council will be holding an assessment hearing. Rolek noted the property owners are made aware of this information. He pointed out the notices are sent to the tax payer of the property who, in this case, was Greg Fox. Councilmember Stover noted the unique position of Ms. Carlson is that she could possibly have thought Mr. Fox was complying with the notice relative to the sump pump inspection. Motion passed 4/1. McCarty was the dissenting vote. Mayor Bean recessed the meeting at 9:24 p.m. and reconvened at 9:31 p.m. . 8. CONSIDERA TION OF A REQUEST BY CITIZENS FOR A BETTER ENVIRONMENT TO AMEND ORDINANCE 308 TRANSIENT MERCHANTS, SOLICITORS, PEDDLERS, CANVASSERS AND GARAGE SALES City Attorney Keane explained a request had been received to amend the ordinance to allow door to door solicitations until 9:00 p.m. He researched the matter and felt several areas of the ordinance should be readdressed. Attorney Keane pointed out this matter has been forwarded to the League of Minnesota Cities Insurance Trust for their review. Councilmember Stover noted the ordinance was created at the request of the residents. She further suggested anyone wishing to solicit could acquire a license from the City and no one would be allowed to solicit after sunset for any reason. Attorney Keane stated he would prepare some minor modifications to the ordinance for the . consideration of the Council. REGULAR CITY COUNCIL MINUTES OCTOBER 28, 1996 - PAGE 7 9. CONSIDERATION OF A MOTION TO ACCEPT A PETITION TO CHANGE EUREKA WAY TO REUTIMAN LANE Administrator Hunn noted the petition was being submitted to the Council and stated notice would be sent to the residents of Eureka Way prior to any action taken. Mike and Lori Braun, 25805 Eureka Way, were presented and informed the Council that their residence is the only residence which utilizes Eureka Way as its address. The Brauns noted there would be significant cost and inconvenience in changing the legal description of their property as well as the abstract, in addition to changing drivers' licenses and other personal documents. The Brauns felt the request to change the name to Reutiman Lane was a nice gesture, however, they suggested the name be used in Smithtown Meadows since there is not a named street in that development. Mayor Bean noted the petition would be accepted and stated the affected residents would be notified. He also commented City Staff could look at Smithtown Meadows as a possible solution. . 10. CONSIDERATION OF A MOTION AUTHORIZING ACQUISITION OF A SNOWMOBILE . City Administrator Hunn noted City Staff has reviewed several options with respect to this matter. He suggested if none of the other options being considered are feasible that the Council authorize the acquisition of a snowmobile through the use of the equipment reserve fund. Hunn noted that upon the sale of the snowmobile at some future point, the funds would be returned to the equipment reserve fund. Councilmember Benson felt the use of a snowmobile would be necessary for enforcement and that this would not be an unreasonable cost. Mayor Bean suggested at some point the police department could purchase the snowmobile from the City and allocate it back to the City based on a usage formula. Benson moved, McCarty seconded authorizing the acquisition of a snowmobile not to exceed $6,000, including any associated equipment as needed. Motion passed 5/0. 11. ADMINISTRATOR & STAFF REPORTS Report on Council Meeting Scheduled on Cable TV City Administrator Hurm was informed by Jim Daniels, Executive Director of the Lake Minnetonka Cable Commission, that the Commission broadcasts the Council meetings of eight City Councils and due to the limited number of prime time spots and the varying times of the meetings, the meetings are aired on a rotating basis. Specific evenings and times are not guaranteed, however, each meeting is aired at least two times. The air times are broadcast on Channel 8. City Administrator Hunn also noted the Metropolitan Council has sent amendments to the Regional Blue Print, the Transportation Development Guide Policy Plan, Water Resources Management Plan, amendment to the Aviation Development Guide, amendments to the Regional Recreational Open Space Plan. There will be public hearings on the November 19th and 20th. These materials are available for review at City Hall. REGULAR CITY COUNCIL MINUTES OCTOBER 28, 1996 - PAGE 8 City Attorney Keane reported on the Johnson inverse condemnation case explaining that at the conclusion of approximately seven days of trial, a verdict was returned in which the jury awarded essentially what the City had appraised the value of the easement to be. As to the second item of . damages, the jury awarded zero dollars despite the large claim. With respect to damages and cost to clean up the property, the jury awarded a dollar verdict substantially less than the Johnsons were asking for, but one which the City believes should be lowered. A motion will be filed within the week seeking a reduction of the jury award. 12. MAYOR & CITY COUNCIL REPORTS Councilmember Shaw inquired with respect to the double staking which is taking place at the Christmas Lake intersection. He noted the Highway Department is asking for temporary easement which would involve the taking of most of the trees in the area. Councilmember Shaw had requested City Staff to investigate this matter to ascertain whether the Highway Department would be willing to guarantee the safety of the trees. City Engineer Brown explained he is in the process of checking on this matter with MNDOT, however, if there is a construction easement, the trees will probably be removed. 13. ADJOURNMENT . Shaw moved, Stover seconded to adjourn the meeting at 10:13 p.m. subject to the payment of claims. RESPECTFULL Y SUBMITTED, Cheryl Wallat, Recording Secretary TimeSaver Off Site Secretarial ATTEST: ROBERT B. BEAN, MAYOR JAMES C. HURM, CITY ADMINISTRATOR . CITY OF SHOREWOOD SPECIAL CITY COUNCIL MEETING WEDNESDAY, OCTOBER 30, 1996 MINUTES 1. CONVENE CITY COUNCIL MEETING COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 6:30 P.M. Mayor Bean called the meeting to order at 6:30 p.m. DRAFT A. Roll Call -."'...____c__..,~...~ Present: Mayor Bean; Councilmembers Benson, McCarty, Shaw, Stover; City Administrator Hurm; City Attorney Tim Keane; Finance Director AI Rolek and Engineer Larry Brown. Review Agenda B. 2. 6:30 P.M. PUBLIC HEARING ASSESSMENT HEARING FOR WATERMAIN PROJECT NO. 95-15, SMITHTOWN ROAD (SOUTH LINK) . A Motion to Adopt a Resolution Regarding Assessment Roll for Project 95-15, Smithtown Road (Southern Link) Mayor Bean noted there were no persons from the public present at the meeting. He opened the public hearing at 6:45 p.m. Hearing no public testimony, Mayor Bean closed the public hearing at 6:45 p.m. Councilmember Stover commented the project had been completed, it needs to be paid for and this is the best way to accomplish that. McCarty moved, Benson seconded adopting RESOLUTION NO. 96-96, "A Resolution Regarding Assessment Roll for Project 95-15, Smithtown Road (Southern Link)." Motion passed 5/0. . Mayor Bean recessed the meeting at 6:48 p.m. and reconvened at 7:05 p.m. 3. 7:00 P.M. PUBLIC HEARING ASSESSMENT HEARING FOR WATERMAIN PROJECT NO. 95-14, EUREKA ROAD A Motion to Adopt a Resolution Regarding Assessment Roll for Project No. 95-14, Eureka Road City Attorney Keane explained the procedure to be followed, noting the purpose of the hearing is to allow affected property owners to make inquiry of the proposed assessment and also file an objection which would then allow for an appeal to be filed in District Court. The property owner has an opportunity to offer evidence and testimony in support of their objection and to bring to the attention of the Council any unique facts or circumstances which may address a potential error in the determination of the assessment or the assessment roll. Mayor Bean noted a written objection had been submitted for Parcel 18 by Kelly Krauss, 5525 Eureka Road. SPECIAL CITY COUNCIL MINUTES OCTOBER 30, 1996 - PAGE 2 City Attorney Keane stated the Council had been provided with an Opinion of Value, dated July 1, 1995, prepared by C.E. LaSalle & Associates, a second Opinion of Benefit, dated October 29, 1996, prepared by City Assessor Rolf Erickson, as well as a Summary Opinion of Value and Benefit, dated October 29, 1996, prepared by Steve DeCaster, MAl, of Lunz, Massopust, Reid, DeCaster & Lammers, Inc., for purposes of consideration of the City's burden of benefit equal to or exceeding the proposed assessment per parcel. Attorney Keane noted the objective of the meeting to be full, fair, open and complete and accord all affected property owners an opportunity to address the Council and the proposed assessment roll. City Engineer Brown briefly explained the project. Finance Director AI Rolek explained the amount of the assessments for single family and multi-family properties. In addition, he reviewed the methods of payment which would be available as well as the criteria which would need to be met to qualify for a deferment of the assessment. Attorney Keane commented notice of the Council's Special Meeting was provided through mail and published notice. Mayor Bean opened the public hearing at 7:16 p.m. Hearing no public testimony, Mayor Bean . closed the public hearing at 7:16 p.m. Councilmember Stover asked for a clarification of the process to be followed in requesting a deferment of the assessment until the subject property could be sold. Rolek explained the procedure to be followed. Councilmember Stover reiterated the project has been completed, it needs to be paid for and this is the best way to accomplish that. McCarty moved, Benson seconded adopting "RESOLUTION NO. 96-97, "A Resolution Regarding Assessment Roll for Project No. 95-14, Eureka Road." Motion passed 5/0. Mayor Bean recessed the meeting at 7:19 p.m. and reconvened the meeting at 8:05 p.m. 4. 8:00 P.M. PUBLIC HEARING ASSESSMENT HEARING FOR WATERMAIN PROJECT NO. 95-16, SMITHTOWNROAD (COUNTRY CLUB ROAD TO EUREKA ROAD) A Motion to Adopt a Resolution Regarding Assessment Roll for Project No. 95-16, Smithtown Road . City Attorney Keane noted the Council had been provided with an Opinion of Value, dated July 1, 1995, prepared by C.E. LaSalle & Associates, a second Opinion of Benefit, dated October 29, 1996, prepared by City Assessor Rolf Erickson, as well as a Summary Opinion of Value and Benefit, dated October 29, 1996, prepared by Steve DeCaster, MAl, of Lunz, Massopust, Reid, DeCaster & Lammers, Inc., for purposes of consideration of the City's burden of benefit equal to or exceeding the proposed assessment per parcel. City Attorney Keane explained the procedure to be followed, noting the purpose of the hearing is to be full, fair, open and complete and accord all affected property owners an opportunity to address the Council and to make inquiry of the proposed assessment and also file an objection which would then allow for an appeal to be filed in District Court. The property owner has an opportunity to offer evidence and testimony in support of their objection and to bring to the attention of the Council any unique facts or circumstances which may address a potential error in the determination of the assessment or the assessment roll. . . SPECIAL CITY COUNCIL MINUTES OCTOBER 30, 1996 - PAGE 3 City Engineer Brown noted written objections had been received from the property owners of Parcels 4,20,21,22,36 and 37. He briefly described the project explaining Parcel 29 was being re~oved from the roll since that property was not noticed properly for the public hearing process. This parcel will be assessed along with the Wedgewood Drive watermain project at a future time. Finance Director AI Rolek explained the amount of the assessments for single family and multi- family properties. In addition, he reviewed the methods of payment which would be available as well as the criteria which would need to be met to qualify for a deferment of the assessment. Mayor Bean opened the public hearing at 8: 17 p.m. Tom Dahlberg, 25270 Smithtown Road, explained his belief the letter from the LMRD consultant argues that the $5,000 figure cannot be guaranteed to be objectively valid for any particular property. He feels the suggestion was being made to the City to review the assessment cost of each property on an individual basis. Mr. Dahlberg noted in the documentation of the study, adjustments were made to remove differences except the availability of municipal water when the comparable homes were studied for the assessment. He requested detailed documentation of the adjustments which were made to the comparables and the methodology used to arrive at the $5,000 figure. Edward Bergslien, 24785 Smithtown Road, expressed concern he would be assessed another $5,000 when the watermain is put in on Club Lane. He noted he had been told he would not be required to hook up at this time, but could wait for a closer hook up to become available. Mayor Bean confIrmed this was accurate. Councilmember Stover requested the criteria for deferment of the assessment be reviewed. Finance Director AI Rolek explained the criteria which would need to be met for a property owner to qualify for a deferment. . Bob Northrup, 25335 Smithtown Road, asked why his property was listed as a multi-family parcel. Mayor Bean noted the record reflects there are two separate and distinct dwelling units on the property. Mr. Northrup explained one well supplies water to both dwellings and there are multiple owners who are listed on the mortgage. Mayor Bean pointed out if the two dwellings were separated, the assessment would actually be higher. David Cooley, 24725 Smithtown Road, explained his belief he will be paying higher property tax on his property which would have theoretically increased in value due to the availability of municipal water. He inquired if all properties would be assessed the same value if they are not all hooked up. He stated he does not have any problem with the $5,000 assessment. City Attorney Keane stated in speaking with the City Assessor, an adjustment is not made due to the improvement or the assessment. There may be adjustments over time reflecting the increased value of property sales within the area. Mr. Cooley asked if the value of a particular property would be affected if one property is hooked up to municipal water and the other is not. Attorney Keane explained whether an individual property is hooked up is not a factor in the City Assessor's valuation. Frances Johnson, 25335 Smithtown Road, noted her objection to the assessment stating she did not feel this was an improvement, but rather a burden. Ms. Johnson felt the developers and people selling their properties should carry a larger part of the burden. Hearing no further public testimony, Mayor Bean closed the public hearing at 8:37 p.m. ._' r.. SPECIAL CITY COUNCIL MINUTES OCTOBER 30, 1996 - PAGE 4 Councilmember Benson pointed out written objections to the assessment must be filed by the close of the hearing. Tom Dahlberg submitted a written objection to the assessment at this time. Councilmember Shaw clarified this would not apply to senior citizens or others who would be requesting a deferment. Councilmember Stover asked if the deferment process would need to be refiled each year. Attorney Keane clarified a deferment shall be renewed each year upon a similar filing by September 30th. McCarty moved, Benson seconded adopting RESOLUTION NO. 96-98, "A Resolution Regarding Assessment Roll for Project No. 95-16, Smithtown Road with the removal of Parcel 29." Motion passed 5/0. Councilmember Stover noted the project has been completed and it needs to be paid for. She stated this is the fairest and most reasonable way to accomplish that. 5. ADJOURNMENT Shaw moved, Benson seconded to adjourn the meeting at 8:43 p.m. . RESPECTFULLY SUBMITTED, Cheryl WaIlat, Recording Secretary TimeSaver Off Site Secretarial ATTEST: ROBERT B. BEAN, MAYOR . JAMES C. HURM, CITY ADMINISTRATOR ~.. ',-- . . CITY OF SHOREWOOD CANVASSING BOARD WEDNESDAY, NOVEMBER 6, 1996 MINUTES DRAFT COUNCIL Cl 5755 COUNT] 5:30 P.M. 1. CALL TO ORDER The Shorewood City Council Canvassing Board convened at 5:30 p.m. on Wednesday, November 6, 1996 upon arrival of a quorum, to review the local election results from the General Election held November 5, 1996. Roll Call Present: Mayor Bean; Councilmembers Benson, McCarty, Shaw, Stover; and City Administrator Hurm. 2. CANVASS OF ELECTION The Council reviewed a "Resolution Accepting Local Election Results" for the local election held Tuesday, November 5, 1996 as presented by the Election Judges of all four Shorewood precincts. Benson moved, Shaw seconded, to adopt Resolution No. 96-99 "a Resolution Accepting Local Election Results". Motion carried unanimous by Roll Call Vote. In the case of a requested recount the City Council must establish an amount necessary to cover expenses of the recount. In the case of discretionary recount in this local election, the requesting candidate is responsible for expenses. Shaw moved, McCarty seconded, to set a bond, cash, or surety in the amount of $250.00 as a flat fee. This is the best estimate of direct costs for a discretionary recount. Motion passed unanimously. 3. ADJOURNMENT Shaw moved, Stover seconded, to adjourn the Canvassing Board for the 1996 Local Election at 5:32 p.m., Wednesday, November 6, 1996. Motion passed unanimously. ATTEST: ROBERT B. BEAN, MAYOR JAMES C. HURM, CITY ADMINISTRATOR . . CITY OF SHOREWOOD RESOLUTION NO. 96- A RESOLUTION REGARDING SNOWMOBILING ON LAKES WITHIN THE CITY OF SHOREWOOD WHEREAS, Section 802.02, Subdivision 1 (b) of the City Code states that persons may operate a snowmobile within Shorewood on . . . ."public waters as pennitted by resolution of the LMCD or Shorewood City Council, but not closer than one hundred and fifty feet (150') to the shoreline except when entering or exiting the public waters traveling in a line perpendicular to the shoreline"; and WHEREAS, the Planning Department has identified lakes within the City of Shorewood as listed in Section 1201.26, Subdivision 4 of the City Code which are at least three hundred feet (300') from shoreline to shoreline. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Shorewood hereby affnms that snowmobiling is allowed under the requirements of Section 802 of the City Code on the following lakes: Lake Minnetonka Lake William Christmas Lake Galpin Lake Virginia Lake Como Lake ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 12th day of November, 1996. AITEST: Robert B. Bean, Mayor James C. Hurm, City Administrator #3fJ CITY OF SHOREWOOD RESOLUTION NO. 96-_ A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR ADDITIONAL ACCESSORY SPACE TO ALLAN LARSON . WHEREAS, Allan B. Larson (Applicant) is the owner of real property located at 4320 Dellwood Lane, in the City of Shorewood, County of Hennepin. legally described as: "Lot 2 and Lot 3, Block 1, Albitz addition"; and WHEREAS, the Applicant has applied to the City for a Conditional Use Permit for the construction of a gazebo, the area of which. when added to the area of existing accessory space on the property. will bring the accessory space up to 1988 square feet; and WHEREAS. the Shorewood City Code requires a Conditional Use Permit for the construction of accessory space exceedimg 1200 square feet; and WHEREAS, the Applicant's request was reviewed by the City Planner. and his recommendations were duly set forth in a memorandum to the Planning Commission dated 30 September 1996, which memorandum is 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 1 October 1996. the minutes of which meeting are on file at City Hall; and WHEREAS. the Applicant's request was considered by the City Council at their regular meeting on 28 October 1996, 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 Shorewood as follows: FINDINGS OF FACT 1. That the total proposed accessory space (1988 square feet) does not exceed the floor area above grade of the principal structure (4900 square feet). 2. That the total area of accessory space does not exceed 10% of the minimum lot area for the R-IC/S Zoning District in which it is located (2.000 square feet). 3 . That the design and materials of the proposed gazebo are consistent with the architectural character of the existing home. 4. That the proposed gazebo complies with all setback requirements for the R -1 CIS District, and the amount of impervious surface on the site does not exceed 25 percent. 7;,8, . . CONCLUSION 1. That the application of Allan Larson for a Conditional Use Permit as set forth hereinabove be and hereby is granted. 2. That the City Administrator/Clerk is hereby authorized and directed to provide the Applicant with 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 12th day of November, 1996. ATTEST: Robert B. Bean, Mayor James C. Hurm City Administrator/Clerk 2 , iJ . . CITY OF SHOREWOOD RESOLUTION NO. 96 - A RESOLUTION APPROVING THE FINAL PLAT OF McCARY ADDITION WHEREAS, the fmal plat of McCary Addition has been submitted in the manner required for the platting of land under the Shorewood City Code and under Chapter 462 of Minnesota Statutes, and all proceedings have been duly had thereunder; and WHEREAS, said plat is consistent with the Shorewood Comprehensive Plan and the regulations and requirements of the laws of the State of Minnesota and the City Code of the City of Shorewood. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1 . That the plat of McCary Addition is hereby approved. 2. That the Mayor and City Administrator/Clerk are authorized to execute the Certificate of Approval for the plat on behalf of the City Council. 3 . That this final plat and the Water Service Agreement attached hereto and made a part hereof shall be fIled and recorded within (thirty) 30 days of the date of certification of this Resolution. BE IT FURTHER RESOLVED that the execution of the Certificate upon said plat by the Mayor and City Adminitrator/Clerk shall be conclusive, showing a proper compliance therewith by the subdivider and City officials and shall entitle such plat to be placed on record forthwith without further formality, all in compliance with Minnesota Statutes and the Shorewood City Code. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 12th day of November, 1996. Robert B. Bean, Mayor ATIEST: James C. Hurm, City Administrator/Clerk 3,t_ CITY OF SHOREWOOD WATER ASSESSMENT AGREEMENT THIS WATER ASSESSMENT AGREEMENT is entered into this day of , 1996, by and between Thomas E. and Mary B. McCary (Property Owners) and the City of Shorewood, a Minnesota municipal corporation (the City). RECITALS: WHEREAS, the Property Owner is the fee owner of real property (hereinafter "the Property") legally described in Exhibit A, attached hereto and made a part hereof; and WHEREAS, the City did or shall undertake the construction and installation of a municipal water system to serve the Property; and . WHEREAS, the Property Owner did apply to the City for the division of the Property to create a new buildable lot (hereinafter the ''Buildable Lot") legally described as: ''Lot 2, Block 1, McCary Addition, Hennepin County, Minnesota"; and WHEREAS, the Buildable Lot will benefit from access to municipal water at such time it is provided by the City; and WHEREAS, the parties intend that the Property Owner of the Buildable Lot shall promptly pay for the cost of the construction and installation of the municipal water system (hereinafter the "Water Assessmenf') at the time municipal water is made available to the Buildable Lot. . NOW, THEREFORE, in consideration of the promises contained herein ~d for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1.) The Water Assessment is fair, reasonable, not subject to appeal and shall be promptly paid by Property Owner at such time as water is made available to the BuildableLot 2.) This Water Assessment Agreement binds and benefits the Property Owner and the City and their respective successors and assigns. IN WITNESS WHEREOF, the parties have executed this Water Assessment Agreement on the day and year first above written. . . CITY OF SHOREWOOD PROPERTY OWNER . By: By: Its: City Administrator/Clerk By: STATEOFMINNESOTA ) ) 55. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of 1995, by , the City Administrator/Clerk of the City of Shorewood, a Minnesota municipal corporation on behalf of the corporation. Notary Public STATE OF MINNESOTA ) ) 55. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 1995, by day of Notary Public STATE OF MINNESOTA ) ) 55. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 1995, by day of Notary Public This instrument was drafted by: LARKIN, HOFFMAN, DALY & LINDGREN, Ltd. 1500 Norwest Financial Center 7900 Xerxes Avenue South Bloomington, Minnesota 55431-1194 (TJK) . Legal Description: "That part of Government Lots 7 and 8,. Section 36,. Township 117, Range 23 described as commencing at the center of said Section 36; thence West along the North line of Government Lot 8 and its extension 1236.92 feet; thence due South at "right angles 1254.24 feet to a point hereinafter designated and referred to as Point "X", thence South 58 degrees, 46 minutes East 151.3 feet to a point hereinafter designated and referred to as Point "Y" which Point is marked by a Iudicial Landmark; thence South 31 degrees, 3 minutes West 215.6 feet to the actual point of beginning; which point is marked by a Iudicial Landmark; thence North 70 degrees, 30 minutes West 148.6 feet to a point marked by a Iudicial Landmarlc; thence North 70 degrees, 30 minutes West 148.6 feet to a point marked by a . Iudicial Landmark; thence North 67 degrees, 42 minutes West through a Iudicial Landmark distant 10 feet more or less from the shore of Christmas Lake to the shore of Christmas Lake; thence Northeasterly along the shore of Christmas Lake to an intersection with a line bearing North 58 degrees 46 minutes West from said Point "X"; thence South 58 degrees, 46 minutes East through a Iudicial Landmark distant 18 feet more or less from the shore of Christmas lake to said Point ,.X',.; thence continuing South 58 degrees, 46 minutes East 151.3 feet to said Point"Y"; thence North 33 degrees, 59 minutes East 48.88 feet to a point marked by a Iudicial Landmark; thence South 58 degrees, 46 minutes East 365.83 feet to an intersection with a line drawn parallel with and 1481.85 feet South, measured at right angles from the North line of said Government Lot 8, which point of intersection is marked by a Iudicial Landmark; thence East along said parallel line through a Iudicial Landmark distant 8 feet more or less from the shore of Silver Lake to the shore of Silver Lake; thence Southwesterly along the shore of Silver Lake to an intersection with a line bearing South 67 degrees; 56 minutes East from the actual point of beginning; thence-North 67 degrees 56 minutes West through a Iudicial Landmark distant 15 feet more or less from the shore of Silver Lake to the actual point of beginning. For purposes of this description the North line of said Government Lot 8 is assumed to be a due East and West line. Iudicial Landmarks on the Southwesterly boundary line are set pursuant to Torrens Case No. 14880. Iudicial Landmarks on the Northeasterly boundary line are set pursuant to Torrens Cases numbered 14880 and 14646, according to the Government Survey thereof. Subject to a road easement over said parts of said Government Lots 7 and 8 which lies 6 feet on either side of the following descnbed line: Commencing at a point on the line between Points "X" and "r",7 feet Northwesterly of Point "r',. thence South 30 degrees, 45 minutes 10 seconds West 216.83 feet more or less to the South line of said!ract:,. Hennepin County,. Minnesota.'" . Exhibit A . . CITY OF SHOREWOOD RESOLUTION NO. 96- A RESOLUTION CORRECTING SPECIAL ASSESSMENT LEVY NO. 13502 AND ABATING SPECIAL ASSESSMENTS FOR 26985 EDGEWOOD ROAD, PIN No. 32-117-23-22-0022 WHEREAS, the City Council adopted Resolution No. 95-64 assessing the costs of water system improvements against benefitted properties, such assessment roll being identified as Levy No. 13502; and, WHEREAS, it has subsequently been determined that a parcel identified as PIN No. 32-117-23-22-0004, and lateridentified as PIN No. 32-117-23-22-0022, was listed in error upon such assessment roll; and, WHEREAS, it is the intention of the City Council to correct such error through the abatement of such assessments against said parcel. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. The assessment roll identified as Levy No. 13502 is hereby corrected by removing PIN No. 32-117-23-22-0022 from such roll. 2. That the special assessments levied against PIN No. 32-117-23-22-0022 are hereby abated until such time as the property is benefitted by a water system improvement. ADOPTED by the City Council of the City of.Shorewood, Minnesota, this 12th day of November, 1996. Robert B. Bean, Mayor AITEST: James C. Hurm, City Administrator/Clerk :/:F 3]) . . . . November 7, 1996 ~~CG~U\VI~rn\i [[1 NOV 121996 ~\ By = . Dear Mr. Hurm: Thank you for the letter notifying us of the upcoming City Council meeting addressing the name change of Eureka Way to Reutiman Way. Mike and I attended the October 28th meeting and expressed that although we feel it's a nice gesture on Mr. Reutiman's part, we are opposed to the name change. There are three homes that use Eureka Way for access to their properties but we are the only residents who use Eureka Way as o~ address. As we stated to the council, the time, expense and inconvenience of changing our drivers licenses, bills, and mostly our legal property description and abstract paper is too much to ask of us. It took months to get our legal access and easements re-written for our mortgage company when we purchased this property four years ago. As we said . before, we also would have signed the petition had it not had an affect on us. As an alternative, I suggested at the meeting on October 28th that perhaps Reutiman Way could be used in the Srnithtown Meadows development (Tony Eiden). Mike and I are opposed to changing Eureka Way, but feel both parties can be satisfied with this proposal. I'd like to thank you and Brad Nielsen for notifying us of the meetings and procedures. Sincerely, Ciru-- i A~ ~ Lori and Michael Braun . . . . Steven C. Jaeger 25655 Smithtown Road Shorewood, MN 55331 (612-470-1124) ~ ~ ce~ D\V7 ~ lR\ ~ NOV 6 1996 ~ Oc.IloIB-1, 1996 .By City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Attention: James Hurm Dear Jim: Thank you for taking the time to discuss issue of changing the proposed name "Smithtown Way" to "Reutiman Way". Sherry (wife) and I are strongly opposed to this request and would prefer to maintain the original Smithtown Way as the street name. We feel the address change from Road to Way would be much less confusing and the difficulty of spelling Reutiman would require continuous correction or instruction. We are the people who will be dealing with this confusion. Please let this be the decision of the people who are directly affected by this proposal and keep the original name of "Smithtown Way". Thank you for consideration in this matter. Steven C. 470-1124 . Page 1 \ ~. . November 5, 1996 <<FirstN ame>> <<LastN ame>> <<Address 1>> <<City>>, <<State>> <<PostalCode>> . Re: Renaming a Street to Reutiman Way Dear Mr. and Ms. <<LastName>>: The City Council has received the attached petition to rename Eureka Way to Reutiman Way. It was suggested at the October 28 City Council meeting that the proposed Smithtown Way, which is at the original Reutiman homestead, could more easily be renamed to Reutiman Way at this point. Please provide your opinion on either of these proposals in writing if possible to City Hall before the upcoming City Council meeting, Tuesday, November 12, 1996 at which time your comments will be considered along with the petition and new suggestion. Sincerely, CITY OF SHOREWOOD . James C. Hurm, City Administrator Attachment cc: Mayor and City Council Chuck Dillerud Robert Reutiman jji(; FirstN am LastName Company Address! City State PostalCod e e Tom Kelsey Ingrid 25605 Shore MN 55331 Schaff Smithtown wood Road Steve & Jaeger 25655 Shore MN 55331 Sherry Smithtown wood Road Chuck Dillerud Tony Eiden 4100 Plymo MN 55447 Company Berkshire uth Lane Alan Krutsch 25725 Shore MN 55331 Smithtown wood Road Michael and Braun 25805 Shore MN 55331 Lori Eureka Way wood Vernon and Compton 411 Water Excelsi MN 55331 Marjorie St, P.O. M or . Raymond & Olsen 25775 Shore MN 55331 Patricia Smithtown wood road . :'.;f PETITION TO CHANGE EUREKA WAY TO REUTIMAN LANE TO: Honorable Councilmembers, City of Shorewood WHEREAS, there presently exists a roadway in the City of Shorewood bearing the designation "Eureka Way;" WHEREAS, on July 4, 1915, E.rnest Reutiman and family homesteaded in what now is the City of Shorewood and said ~ roadway provided access to their homestead and that of some of their descendants; and WHEREAS, the Eureka neighborhood is already well remembered by other street designations including a~ more major thoroughfare, Eureka Road, which joins Smithtown Road to highway #7; and WHEREAS, the City has properly seen fit to remember other early settling families by designating roadways with their sur- ,',,;.,' names; ~ NOW, THEREFORE, the undersigned hereby Petition that the certain roadway in the City presently designated as "Eureka Way" be redesignated as thereafter known as "Reutiman Lane." Name Address ,{ I L. ( , ;( /~ ..q ,/. -'{ i--c Date , :C · ./7 . i- V' I "/ -! ,~~ ! \-::-.' ,4 f ,,~,/" J." L. ;./ / ( l.r--.., ~ 1.\,.L,A.. L --.f.. / '/t:-,("_---t-rt' / ' ,- ,f " Kl,~e e ~-<--hUtj.1./1 ~.,- . '/ .'.. ("i ~\ ;+", l J.,~(\~ .iLL\)-;~ ,~ \i p---- -f (,;"J ~ (! Y\ art.--- \1~ .'\'-<H^\ .rl. V ~qrSi~ -f h, A I I ,. c' f\Jt1JJc'..{ I~ ..5"- j ~~, to -S" -CH~ / ;(5TY tJ ;)51]0 S""i'\-~~\..v v'i 6<5'7 go Srnr-t1\.+Vw (\ {::c\. ~ 5 'D LLU ~,::s:"'t~Yfl Rc:\ cr, T 5.-n;;' /7 /:'f.:....u;tJ ,~ D Fd i ,Q .05 ~ (:}b ~ I 'C>7 . ~J5" - ;'~ /J5'! q ic ! . . )1 ~~~~:C',",::> ....{'.. 4 C~~'\' " -,.;' '.' . ., . rlc-.- . ' (V <.,r.). ,~ . ' +~---- . . . ~ :r' ,'. .y ~~ ~\- ;it ~ y .~ S\. ~ r .~ s.~ . r:-: . . \\ ~~ Q . -..! '')''. ~- ~- . . 1~ 1'. .~. .~ . ~ ~ \ ;.\ . . ).... : ~\~ \) . . ., 1 +9/6 / /? . ~Q 004'./ -' l - ... z~ .- re -- ... U.~I ~ , r ;fi - ./ / / 1./ .... . :.- To: Mayor and City Council ~ From: James C. Hurm, City Administrator Date: November 7, 1996 . Last year John Paulson, 5615 Eureka Road, created and sold a vacant parcel addressed as 5635 Eureka Road to his neighbor to the south, Mike and Lori Herman, 5645 Eureka Road, who are now in the process of combining that lot with their lot. They are requesting that the trunk water charge of $5,000 be abated. This was levied at Mr. Paulson's request when the parcel was subdivided. The 1995 levy paid in 1996 was $565.44. Fourteen more installments are due. Because the parcel in question was a separate new parcel at the time of the fIrst levy installment of $565.44, it was a legitimate charge. However, should the Council wish to refund that installment it must still be determined to whom it should be refunded to. Should the Council rebate or abate the installments, that parcel should then be charged a full trunk water charge should it ever again be subdivided as a buildable lot. . #':7 ALT- 4 ...-- ---'-r- ..:.; .,~. " .l . '.\. REV-77 ,.... .. ".J ... --- ... 01 --- I I I I .1 I _-.J._ SGR-WAZAT3~ FORU-UAP200 ~DATE.19901106/01 ..~ .. c'\ :"',', .... .... "r' -1-1 ,', :'t : ", .... · . I \,.;:...'." .....1...' I . : .. I::: ,t:: '::' 1 ,i \ . I.:......~ 2673. 25 RES 8R 11 ~:" "," ..... 51) I .5 \ ....... .to 8 (Jl '-' \ ~ I t t 113.$ - ,.... ,.... ~ . ~ ;;:- .... .... \. )t ,. ,..... 1II- ....CIt j Ul .... 125 (II (" - ..... 4 ".' \' -------- (j.-- ._---~-----_._-------- ~~ g ~: '" .~---..----- I5iil ~ .;. ~ -.------- ~ -~. ----t- .--___. ~ '~ ~ .... ,.....QJ IOCI.01 u (I) .t X' A 0"0- -------~ ~, ~ ~.r)) -~-'1l--..--l--h ~ . ... f' \~(.Cri .... {O....i. - ~. ~ ~'" r:;,.... .. t I . A ~~. "' (II .. N ~I..t) - 1II -c~..- .....~ ~. S'-' (1j 1G' GO ~~~ O '--~. ~ ~- (~; (,.'-J ~:.. . ~ ~:<c> >~ .~. 1::', ~b,.. (", ,.... ~lJ fl.' 1...".'<'\ \' (" .' .....,1 co'" '-' ............---- :~f 'VI (. . ,I-' ,'j '" ~ . . CITY OF SHOREWOOD RESOLUTION NO. 96- A RESOLUTION ELECTING TO CONTINUE PARTICIPATING IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT CALENDAR YEAR 1997 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 Shorewoof 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 ~ .-, Resolution No. 96- Page2of2 - 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; 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 fmancially 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 1997, a metropolitan area municipality that did not participate in the Local Housing Incentive Account Program during the calendar year 1996, 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 15,1996; 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 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 1997. ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 11th day of November, 1996. Robert B. Bean, Mayor ATIEST: James C. Hurm, City Administrator . . AGREEMENT FOR THE GROOMING OF FREEMAN PARK AND THE LRT TRAIL The following is an agreement between the Southwest Trails Association and the City of Shorewood, with regard to the grooming of the Light Rail Transit Trail and Freeman Park cross- country ski trail within City limits. The City of Shorewood . Acknowledges the Southwest Trails Association as the only groomer of trails within the Shorewood City limits. . Will publicize grooming patterns and days through the City Newsletter and Sun Sailor. . Will monitor the Southwest Trails Association grooming process. Southwest Trails Association . Shall provide work on a volunteer basis for the City of Shorewood. All members of the Southwest Trails Association will serve the City of Shorewood without compensation. . Shall maintain liability insurance in the amount of at least $1,000,000 which will list the City of Shorewood as an additional insured. . Will, from December 1 to March 31, groom the Light Rail Transit Trail between the City limits of Victoria and the City limits of Excelsior and shall also groom the Freeman Park cross- country trails. . Will commit to grooming the trail and Freeman Park at least once a week, and no more than two days following a snowfall provided there is a minimum of 4" to 6" base. . Will notify either the South Lake Minnetonka Safety Department or Shorewood City Hall as to any problems which may delay or stop the grooming of either the LRT trail or Freeman Park in the specified time listed above. . Shall indemnify and hold the City of Shorewood harmless against any and all claims arising out of this agreement. These understandings and rules may be amended from time to time by the City of Shorewood upon notice to Southwest Trail Association. Southwest Trail Association Date City of Shorewood Mayor Date City of Shorewood City Administrator Date DataJPublic WorkslParkslCorrespondencelAgrmtffrail Grooming =IFf! -. . CKNO 19552 19553 19554 19555 19556 19557 19558 19559 19560 19561 19562 19563 19564 19565 19566 19567 19568 19569 19570 19571 19572 19573 19574 19575 19576 19577 19578 19579 19580 1 9581 19582 19583 19584 19585 19586 19587 19588 19589 19590 19591 19592 . CHECK APPROVAL LISTING FOR NOVEMBER 12, 1996 COUNCIL MEETING CHECKS ISSUED SINCE OCTOBER 30, 1996 TO WHOM ISSUED RJFlFOX FIRST STATE BANK FED/FICA TAX PERA. PERA ICMA RETIREMENT TRUST 457 DEFERREDCOMP CITY COUNTY CREDIT UNION PAYROLL DEDUCTIONS MN DEPARTMENT OF REVENUE STATE TAX KATHLEEN HEBERT SEC 125 REIMB/MILEAGE JASON HENDRICKSON MILEAGE HENNEPIN COUNTY TREASURER SEPT. PRISONER EXPENSE BRADLEY NIELSEN SEC 125 REIMB NORTHERN STATES POWER UTIUT1ES JOSEPH PAZANDAK MILEAGEJlNSPECTION CLASS VICKI STROMBERG ADD'L TIME - FALL NEWSLETTER US WEST COMMUNICATION/ADVERTISING WASTE MANAGEMENT WASTE REMOVAL MOLLY CRONIN OVERPAID FINAL SEWER BILL BELLBOY CORPORATION UQUOR BELLBOY BAR SUPPLY SUPPLlESlMISC GRIGGS, COOPER & COMPANY UQUOR/WINE JOHNSON BROS UQUOR CO WINE LAKE REGION VENDING MSC LEHMANN~R~ MSC PAUSTlS WINE COMPANY WINE PHIWPS WINE & SPIRITS L1QUOR/WINE QUALITY WINE & SPIRITS L1QUOR/WINE THE WINE COMPANY WINE PERA. NOVEMBER PERA LIFE INS MEDICA NOVEMBER HEALTH INSURANCE HEALTHPARTNERS(MEDCENTER~ NOVEMBER HEALTH INSURANCE HEAL THPARTNERS(GROUP HEAl NOVEMBER HEALTH INSURANCE LEAGUE OF MN CmES NOVEMBER DENTAL INSURANCE MINNESOTA MUTUAL LIFE NOVEMBER SIT DISABILITY COMMERCIAL LIFE INS CO NOVEMBER LIFE INSURANCE AFSCME COUNCIL 14 NOVEMBER DELTA DENTAL CITY OF TONKA BAY NOVEMBER RENT-TB LIQUOR GRiffiN COMPANIES NOVEMBER RENT-L1Q I RYAN PROPERTIES NOVEMBER RENT -UQ II THERESA NAAB MILEAGE/SEC 125 REIMB US WEST COMMUNICATIONS CHERYL JOHNSON ESCROW REFUND VOGT HEATING & AIR CONDo REFUND MECHANICAL PERMIT LIZ EDMUNDS MSC Page 1 AMOUNT $7,381.42 2,269.18 796.30 842.00 1,286.04 223.50 27.00 71.00 100.00 3,951.94 282.54 40.00 1,277.21 152.00 72.88 2,485.59 97.78 2,561.41 2,018.55 869.75 780.71 333.00 2,190.82 1,330.26 174.70 45.00 .4,341.04 1,549.99 1,492.28 535.96 85.50 81.20 192.00 1,000.00 5,793.51 2,576.88 264.23 195.13 150.00 205.00 58.75 . . CKNO 19593 19594 19595 19596 19597 19598 19599 19600 19601 CHECK APPROVAL LISTING FOR NOVEMBER 12, 1996 COUNCIL MEETING CHECKS ISSUED SINCE OCTOBER 30, 1996 TO WHOM ISSUED BELLBOY CORPORATION GRAPE BEGINNINGS, INC GRIGGS, COOPER & CO. JOHNSON BRCS LIQUOR CO. LAKE REGION VENDING LEHMANN FARMS PAUSTlS WINE COMPANY PHILLIPS WINE & SPIRITS QUALITY WINE & SPIRITS RJRR)SE UQUOR WINE L1QUORIWINE L1QUORIWINE MISC MISC WINE L1QUORIWINE L1QUORIWINE TOTAL CHECKS ISSUED Page 2 AMOUNT $1,544.20 383.32 5,311.57 3,883.20 416.31 133.03 84.60 2,566.77 914.19 CITY OF SHOREWOOD CHECK APPROVAL LIST FOR NOV. 12, 1996 COUNCIL MTG CHECK~ VENDOR NAME DESCRIPTION DEPT. AMOUNT 19602 AUTOMATIC SYSTEMS CO WATER TOWER CONTROLS 19603 EARL F. ANDERSEN, INC. SIGNS 19604 JEFF REINHART DBA OCTOBER JANITORIAL 19605 B & J AUTOMOTIVE TIRE REPAIR 19606 BIFFS, INC. PORTABLE TOILET RENTAL 19607 BOYER TRUCKS SPRAY PAINT 19608 BRYAN ROCK PRODUCTS, INC. ROCK FWCK *** TOTAL FOR BRYAN ROCK PRODUCTS, . 19609 COORDINATED BUSINESS SYST COPIER MAINTENANCE 19610 E-l RECYCLING INC. OCTOBER RECYCLING 19611 FINA FLEET FUELING FUEL 19612 GEH CONSTRUCTION, INC SO SI-IORE SR CTR 19613 GOPHER STATE ONE-CALL. IN ONE CALL SERVICE ONE CALL SERVICE *** TOTAL FOR GOPHER STATE ONE-CAL 19614 GREENWOOD. CITY OF LASELS-SNOWMOBILE MAlLIN .....9615 HANCE HARDIAlARE. I ~~C. PARK BENCHES . POWER STRIPS *** TOTAL FOR HANCE HARDWARE. INC. 19616 INFORMATION POLICY OFFICE DATA PRACTICES UPDATE 1.9617 J.H. LARSON ELECTRICAL CO BLDG MAINT 19618 KEN JARCHO INSURANCE INSURANCE INSURANCE INSURANCE *** TOTAL FOR KEN JARCHO INSURANCE 19619 KAR PRODUCTS SHOP SUPPLIES- 19620 LARKIN. HOFFMAN. DALY... SEPTEMBER LEGAL SEPTEMBER LEGAL *** TOTAL FOR LARKIN, HOFFMAN, DAL 19621 LEAGUE OF MN CITIES ANNUAL MEMBERSHIP DUES 19622 MTI DISTRIBUTING COMPANY IRRIGATION PARTS-FREEMAN PARKS & 33..9"7 19623 MANN MADE PRODUCTS EQUIP MAINT & TAX Page 3 39,900.00 TRAF CON 158.28 MUN BLOG 260.00 PUB WKS 15.00 PARKS & 56.10 PUB WKS 67.73 PARKS & 494.03 -------- 164.68 658.71 MUN BLDG 414.00 RECYCL Hi 4,255.00 CITY GAR 385.43 60,040.00 WATER DE 23.62 SEWER DE 23.63 47.25 29.22 PARKS & 24.54 GEN GOVT 37.22 61.76 GEN GOVT.. 5.65 CITY GAR 60.50 MUN BLDG 1,356.00 -------- 3~135-00 -------- 2,911.00 7,402~00 CITY GAR 84.66 PROF SER 6,467.76 -------- 153.00 6,620.76 COUNCIL 3,909.00 281.15 PUB IAlf<~S CITY OF SHORE WOOD CHECK APPROVAL LIST FOR NOV. 12, 1996 COUNCIL MTG CHECK~ VENDOR NAME DESCRIPTION DEPT. AMOUNT -------- ------------------------- ------------------------ -------- ----------- 19624 MIDWEST ASPHALT CORP. ASPHALT 19625 MINNEGASCO UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES FOR MINNEGASCO *** TOTAL .9626 WM. MUELLER & SONS, INC. SAND BUCKSHOT *** TOTAL FOR WM. MUELLER & SONS, 19627 NATIONAL CIVIC LEAGUE ANNUAL MEMBERSHIP 19628 NAVARRE TRUE VALUE ELECTION SUPPLIES BADGER HOCKEY BADGER W/H *** TOTAL FOR NAVARRE"TRUE VALUE 19629 PARRANTO ASSOCIATES, INC PROFESSIONAL FEES 19630 PITNEY-BOWES INC. POSTAGE MACHINE RENT " POSTAGE SUPPLIES *** TOTAL FOR PITNEY-BOWES INC. ~9631 PRECISION COMPUTER SYSTEM ANNUAL LICENCE FEE ANNUAL LICENCE FEE ANNUAL LICENCE FEE FOR PRECISION CGt1PUTER S *** TOTAL ( 19632 R & W ROLLOFF SERVICE, IN FALL YARD WASTE 19633 RIVER VALLEY AUTO PARTS HYD HOSE 19634 RUPPERT & RUPPERT ASSOC. PROFESSIONAL FEES 19635 SO LK MTKA PUB SAFETY DEP TRAFFIC OFFICER COURT OT *** TOTAL FOR SO LK MTKA PUB SAFET 19636 SULLIVAN UTILITY SERVICES PUMP MANHOLE 19637 SUPERAMERICA FUEL 19638 TIME SAVER OFF SITE SEC MINUTES CRESCENT BEACH EXPENSES PARKS & GEN GOVT 19639 TONKA BAY~CITY OF Page 4 STREETS WATER DE ltJA TER DE WATER DE CITY GAR PARKS & MUN BLDG 556.99 450.26 78.75 127.16 31.66 36.03 159.25 15.11 41.33 9.88 57.82 SNOW & I 478.52 -------- 812.31 1,290.83 COUNCIL 50.00 GEN GOVT 19.10 -------- 19.59 PARKS & 38.62 77.31 PROF SER 2,062.50 MUN BLOG 138.90 GEN GOVT 44.75 183.65 FINANCE 1,171.50 WATER DE 239.63 SEWER DE 239.6Z 1,650.75 RECYCLIN PUB "'JKS PROF SER 2,420.00 100.60 1,922.50 POLICE P 8,911.05 POLICE P 248.52 9,159.57 SEWER DE CITY GAR 265.00 207.60 245.00 J.01..47 CITY OF SHOREWOOD CHECK APPROVAL LIST FOR NOV. 12, 1996 COUNCIL MTG CHECK~ VENDOR NAME DESCRIPTION DEPT. AMOUNT -------- ------------------------- ------------------------ -------- ----------- CRESCENT BEACH EXPENSES PARKS & 157.55 *** TOTAL FOR TONKA BAY-CITY OF 259.02 19640 TONKA PRINTING CO. MECHANICAL PERMITS 19641 UNITOG RENTAL SERVICES UNIFORMS 19642 VAN WATERS & ROGERS, INC. CALCIUM CHLORIDE 19643 v.JA TERPRO PRV'S & 1 1/2" ~1ETER 19644 ZIEGLER, INC. CUTTING EDGES 19645 DUNN & SEMINGTON CREATIVE BADGER PARK SIGN DESIGN ~646 MN SUN PUBLICATIONS LEGAL ADS LEGAL ADS LEGAL ADS LEGAL ADS LEGAL ADS *** TOTAL FOR MN SUN PUBLICATIONS *** TOTAL CHECKS FOREAPPROVAL *** TOTAL CHECK APPROVAL LIST - Page 5 PROT INS 124.61 CITY GAR 380.98 SNOv.1 & I 4.12.69 WATER DE 18,617.67 CITY GAR 140.37 -------- 106.50 GEN GOVT 103.76 -------- 53.41 -------- 88.56 -------- 88.56 -------- 88.56 422.85 165,853.42 231,272.66 ****TOTALS**** 20176.23 Page 6