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090897 CC Reg AgP ~ '! CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDA Y, SEPTEMBER 8, 1997 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:30 P.M. AGENDA 1 . CONVENE CITY COUNCIL MEETING A. Roll Call B. Review Agenda Mayor Dahlberg_ Stover _ McCarty _ O'Neill Garfunkel 2 . APPROVAL OF MINUTES A. City Council Work Session Minutes of August 18, 1997 (Att.-#2A Minutes) B. City Council Regular Meeting Minutes of August 25, 1997 (Att.-#2B Minutes) C. City Council Work Session Minutes of August 26, 1997 (Att.-#2C Minutes) 3. CONSENT AGENDA - Motion to approve items on Consent Agenda & Adopt Resolutions Therein: ~ . *'" A Motion to Approve an Extension for Deadline to File a Final Plat - Smithtown Woods (Att.-#3 Letter of Request) Applicant: Clint Carlson Location: 25895/25865 Smithtown Road 4. MATTERS FROM THE FLOOR (No Council action will be taken.) 5 . PLANNING - Report by Representative A Motion to Adopt a Resolution Approving a Simple Subdivision (Att.-#5 Planner's Memorandum & Proposed Resolution) Applicant: Peggy Greer, represented by Michael Greer Location: 6045 Chaska Road I ,~ 6. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION ACCEPTING A PETITION, DECLARING ADEQUACY AND ORDERING PREPARATION OF A FEASffiILITY REPORT - SOUTH BORDER WATERMAIN EXTENSION (Att.-#6 Proposed Resolution) '"- .. CITY COUNCIL AGENDA - SEPTEMBER 8, 1997 PAGE 2 OF 2 7 . CONSIDERATION OF ISSUES REGARDING SNOWMOBILES IN THE CITY A. A Motion to Direct Staff to Submit a Winter Use Permit to Hennepin County for the LRT Trail (Att.-#7 Proposed Trail) B. A Motion to Establish a Speed Limit for Snowmobiles on the Light Rail Transit (LRT) Trail 8. CONSIDERATION OF A MOTION REAUTHORIZING SAFETY IMPROVEMENTS ON SOUTHEAST QUADRANT OF THE INTERSECTION OF SMITHTOWN ROAD AND EUREKA ROAD SOUTH (Att.-#8 · Engineer's Memorandum) 9. CONSIDERATION OF A MOTION TO APPROVE THE 1998 LAKE MINNETONKA COMMUNICATIONS COMMISSION PROPOSED BUDGET (Att.-#9 Proposed Budget) 10. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION REQUESTING COUNTY ASSISTANCE IN THE OVERSIGHT OF THE MINNEHAHA CREEK WATERSHED DISTRICT (Att.-#lO Proposed Resolution) 11. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION APPROVING THE 1998 PRELIMINARY BUDGET AND PROPOSED 1997 PROPERTY TAX LEVY (Att.-#ll Proposed Budget) 12. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION ESTABLISIDNGA DATE AND TIME FOR THE TRUTH IN TAXATION PUBLIC HEARING (Att.-#12 Proposed Resolution) 13. ADMINISTRATOR & STAFF REPORTS A. Staff Report on Development Monitoring B. Report on .Shoreline Suggestions (Att.-#13B Received Messages) C. Discussion on Cable Broadcast of Council Meetings (Att.-#13C Staff Memorandum) 14 . MAYOR & CITY COUNCIL REPORTS A. Mayor's Repo~tonMeeting with Gideon's Woods Residents on August 30 B. Mayor's.Report on Meeting with Lake Virginia Area Residents 011 September 6 C. Discuss Setting Open Forum on Senior Housing Proposal 15. ADJOURN SUBJECT TO APPROVAL OF CLAIMS (Att.-#15) .~ ....., ~ ? ..... . .r , -j ~~'.) .:-. t~ .I~ ~. MAYOR Tom Dahlberg COUNCIL Kristi Stover Jennifer McCarty Jerry O'Neill John Garfunkel CITY OF SHOREWOOD 5755 COUNTRY CLUB,ROAD. SHOREWOOD, MINNESOTA 55331-8927. (612) 474-3236 FAX (612) 474-0128. www.state.netlshorewood.cityhall@shorewood.state.net Executive Summary Shorewood City Council Meeting Monday, September 8, 1997 Agenda Item #3: Mr. Clint Carlson has requested an extension of the deadline for submitting the above-referenced plat. This project has been in various stages of the application process since late 1994, inCluding one extension under his most recent application. It is recommended that the applicant be granted one additional extension to no later than 31 January 1998, by which he must submit all necessary items, including Watershed District approval. Failure to meet this extended deadline should result in voiding any previous approvals. It should also be understood that the plat will be subject to whatever fees are required at the time it is approved. Approval of the extension requires a simple majority vote. Agenda Item #5: The Applicant was unable to submit the necessary information in time for this packet. Consequently this item is postponed. Agenda Item #6: This resolution accepts the petition and orders a feasibility report for an additional watermain extension to the west of Smithtown Road, near the Victoria border. Agenda Item #7 A: The County has asked that municipalities submit their winter use permit request for the LRT trail corridor by September 15. As a result of a previous'work session, this application includes hiking, biking, snow shoeing, cross country skiing, pet walking and snowmobiling. A motion to submit this request is appropriate. Agenda Item #7B: There was some discussion at the work session about lowering the snowmobile speed limit on the LRT trail corridor from 20 mph to 10 or 15 mph. It was decided to hold the debate on this item until five members of the Council could be present. Agenda Item #8: An enclosed memorandum explains a proposal to improve the southeast comer of the intersection of Smithtown Road with Eureka Road South (Stubstad property). The recommendation of the City Engineer addresses the speed and traffic concerns at that intersection as well as tying in curbing improvements with the neighboring property. Agenda Item #9: Jim Daniels, Executive Director of the Lake Minnetonka Communications Commission, was present at our last meeting. We did not have approval of the Commission's budget specifically on the agenda, so we have done so for this meeting. Because we had the opportunity to review the budget at the last meeting, I have not asked Jim Daniels to return. If you have any questions on the budget, please let us know ahead of time so we can get the . answers. Otherwise the appropriate action is a motion to accept the proposed budget. A Residential Community on Lake Minnetonka's South Shore Executive Summary - City Council Agenda for September 8, 1997 Page 2 of 2 Agenda Item #10: The Steering Committee representing the cities within the Minnehaha Creek Watershed District (MCWD) which includes Mayor Bennis of Deephaven and Mound City Manager Ed Shukle is requesting the cities within the district to pass a resolution which asks Hennepin County to cooperate with the cities in monitoring and overseeing the activities of the MCWD. The resolution being presented for your consideration is slightly different than the Steering Committee resolution. Our resolution takes out accusations that we feel are not substantiated. Agenda Item #11: By Minnesota statute, the City must certify a preliminary levy and budget to the County Auditor by September 15 of each year. Following the budget workshop on August 26, the concensus of the Council was to approve a 1998 preliminary budget and net levy of $2,758,893 and $1,782,818, respectively. The approval of this resolution is necessary to establish the preliminary budget and property tax levy. Following adoption of this resolution and its submission to the County, the City may not increase the levy, but may decrease it from what is established in this preliminary resolution. Agenda Item #12: This resolution sets a budget hearing and a continuation hearing for the 1998 . operating budget. The initial hearing must be held within the first two weeks of December, and there are only certain dates on which these hearings can be held (please review the calendar in your packet). If the Council wishes, the regular meeting dates could be changed to coincide with hearing dates. Agenda Item #13B: Three suggestions were left on the Shoreline recently related to parks and trails. Council might want to consider referring these items to the Park Commission. . CITY OF SHOREWOOD WORK SESSION MEETING MONDAY, AUGUST 18, 1997 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. MINUTES 1. CONVENE CITY COUNCIL WORK SESSION DRAft Mayor Dahlberg called the meeting to order at 7:34 p.m. A. Roll Call Present: Mayor Dahlberg; Councilmembers Garfunkel, McCarty, and O'Neill; Administrator Hurm; Planning Commission Liaison Turgeon; Police Chief Young Councilmember Stover Absent: B. Review Agenda . The agenda was approved as presented. 2. DISCUSSION ON ISSUE REGARDING SNOWMOBILES IN SHOREWOOD DURING THE UPCOMING SEASON Administrator Hurm distributed updated financial information and explained the estimated citation revenue is approximately $3,000, resulting in a total program cost of $5,300. I. SNOWMOBILE USE ON LRT TRAIL . Councilmember McCarty commented she is in favor of banning snowmobiles from the trail, but not banning them entirely from the city. Councilmember O'Neill stated he is not in favor of taking snowmobiles off the trail and putting them on the street. Councilmember Garfunkel shared the opinion of Councilmember O'Neill. Mayor Dahlberg felt snowmobile use should remain the same, however, the signage needs to be increased in size. Councilmember McCarty was confident Councilmember Stover's position would be to keep snowmobiles off of the trail. Turgeon explained citation reports from the previous season were gathered and reviewed. The information compiled relative to the citations was based on where the person receiving the citation lived. Turgeon noted approximately 10 percent of the citations were issued to Shorewood residents. It was noted citations were issued to persons residing in places such as Atlanta, Thunder Bay and St. Paul. Turgeon explained there are approximately 30 DNR citations which were not included in the document since she was not able to ascertain who received the citations. It was noted the highest percentage of violations were issued to residents of Minnetonka and Excelsior. The majority of the violations occurred in Wedgewood, on County Road 19 as well as Eureka and consisted largely of speed violations. The season violations were evenly spread among the various areas of residence. .#--,",n ~~rJ CITY COUNCIL WORK SESSION MINUTES AUGUST 18, 1997 - PAGE 2 Turgeon recalled Officer Keller had expressed some concem relative to patrolling the trail alone. She explained Officer Keller's activity log was reviewed and it was noted approximately 50 percent of the time Officer Keller was not alone on the trail, but was accompanied by DNR officers, reserve officers, or water patrol deputies. Turgeon suggested if the status of the prior year is to be maintained, the Council will need to know how many hours Officer Keller was on the trail as well as the'amount of assisted time he received from other agencies. If the amount of assisted time from other agencies does not continue to be available, it will be necessary to obtain assistance through the use of additional reserve officers in order to maintain the amount of citations which were issued during the previous season. Turgeon recalled when complaints had been discussed, two residences were singled out as the point from where complaints were received. She pointed out that although there were 20 complaints from one resident, there were 18 citations on Eureka, 3 on Smithtown and 35 on Strawberry Lane. Turgeon noted 13 complaints were received from the second resident and there were 46 citations in that area. She suggested instead of looking at this as complaining neighbors, this information indicates two very troubled areas within the city and this needs to be addressed. Turgeon proposed taking pedestrians off the trail given the speed problems and the number of citations which were issued. She did not feel this to be an appropriate location for mixed used. . Mayor Dahlberg requested Turgeon take the information and compile it into a bullet point summary of the conclusions drawn from the analysis. Councilmember O'Neill felt there to be a significant amount of information missing such as the number of snowmobiles on the trail as well as the times of heavy use. Turgeon noted the DNR has determined there to be 600 to 1,000 snowmobiles present on the trail on a given weekend. She pointed out there are 229 registered snowmobilers in Shorewood. Councilmember O'Neill asked what percentage of the snowmobilers are violating the rules. Turgeon was unsure whether this would be information which could be obtained. Mayor Dahlberg asked if the patrol cars have a tendency to pick up snowmobilers who are speeding at intersections and Chief Young noted this to be the case. Councilmember O'Neill suggested getting beyond the point where snowmobiles will be on the trail or not and if they are going to continue to be allowed on the trail, then a decision needs to be made relative to monitoring and enforcement of the situation. Turgeon stated manpower and cost are . concerns. Councilmember O'Neill noted Chief Young had suggested it would be less expensive to utilize overtime hours versus hiring an additional officer. Hurm noted staff would need direction by September 15th due to the time constraints relative to submitting the required permit. Councilmember O'Neill commented it is evident when speed traps are used, there is a reduction in violations and he felt this first year of enforcement on the trail would have an effect. Mayor Dahlberg noted that while safety is a concern, he did not have an overwhelming sense that mixed use was a larger safety issue than mixed uses on the roadways. He did not feel mixed use on the trail to be any more or less dangerous than having pedestrian or bicycle traffic on Smithtown Road. Councilmember McCarty felt the difference to be that Smithtown is a road and has traditionally been used for mixed use. She stated there is a great difference between a 100foot wide trail which has been used for passive use and is then opened to motorized vehicles for three months as opposed to a road where people regularly walk and bike for 12 months out of the year. CITY COUNCIL WORK SESSION MINUTES AUGUST 18, 1997 - PAGE 3 Councilmember McCarty asked if there is a perception from anyone in Shorewood that there is a problem with mixed use on the trail, is the Council prepared to remove pedestrian traffic from the trail and allow snowmobiles the use of the trail. . Turgeon felt Officer Keller should be a reference point noting he has commented he does not feel safe on the trail. Councilmember O'Neill pointed out Officer Keller's concerns were relative to encountering a situation of multiple persons where he would be alone to handle the situation. Mayor Dahlberg stated he is not in a position at this time to prohibit mixed use of the trail. Councilmember O'Neill felt there to be a fair amount of prejudice relative to this subject. Councilmember McCarty pointed out the people who received citations were not from the Shorewood area and are using the trail as a pathway to the lake. Councilmember McCarty felt a close look would need to be taken of the amount of officer time involved as well as the $5,300 which was expended. Mayor Dahlberg stated he does not want to argue that one form of recreation is second class to another. With regard to mixed use on the trail, he did express concern relative to the trail just as he has concern relative to mixed use on the streets which potentially creates a hazard to both young and old. Mayor Dahlberg felt a side trail to be a potentially viable option. In the meantime he felt it to be an extreme position to eliminate snow shoeing and cross country skiing uses. Mayor Dahlberg stated he would not be in favor of discontinuing mixed use this year, however, he would be willing to reconsider the matter next year. Turgeon noted input has never been obtained from people who live along the LRT. She noted people on Smithtown Road are opposed to a trail for passive use, yet the Council is advocating motorized use for residents along the LRT whose homes are no farther away from the trail. Councilmember Garfunkel felt the difference to be that one trail is already in existence. Mayor Dahlberg felt the residents along the LRT should be surveyed to obtained their input. . Dana George expressed concern that various members of the Snowmobile Task Force have provided input and information to the Council. He noted the Task Force was in force for approximately a year and a half, a consultant was utilized and he felt that at some point in time, the Council needs to make a decision. Mr. George questioned why the Task Force was disbanded and suggested reactivating the group to gather the information the Council is looking for. Councilmember O'Neill felt if people are uncomfortable with snowmobile use on the trail, they can make the decision to not utilize the trail. Councilmember Garfunkel noted his agreement. Councilmember O'Neill asked how great an issue safety is as opposed to people on the trail being annoyed with the noise and speed. He felt safety may be argued as a way in which to win the dispute. He did not feel mixed use to be any more unsafe than allowing bicycles and children on Smithtown Road. Mayor Dahlberg asked for input from the Council relative to the Snowmobile Task Force. Councilmember McCarty felt a simple survey of the residents living along the LRT could be done. She felt the Task Force did a wonderful job and compiled an incredible wealth of information. Councilmernber McCarty did not feel the Task Force would need to be reestablished. She stated all of the necessary information is contained in the report. In addition, the majority and minority positions are summarized in the report. A . Permit CITY COUNCIL WORK SESSION MINUTES AUGUST 18, 1997 - PAGE 4 Question 1: Would Council make any changes for the 97-98 Winter Use Permit of the LRT trail? It was decided no changes would be made to the list of specified uses. B. Other LRT Related Concerns Question 1: Should the City accept a recommendation by Police Chief Rick Young to open the winter use of the trail in Shorewood on November 15? It was noted the season start date in 1996/1997 was December 1. Turgeon noted the State trails open the season on December 1. Chief Young felt many people violated the start of the season because some trails open on November 15th and he suggested the trails be opened on the earlier date to avoid confusion. Chief Young noted the State trails begin grooming and maintenance on December I, however, if people are out using the trails prior to that date, nothing would be done about this. Councilmember Garfunkel felt if appropriate signage were posted on the trail, this would alleviate . the problem with snowmobilers being unaware of the season opening date. Chief Young felt people need to become better informed than they were in the previous year that the season opens on December I. Councilmembers Garfunkel and McCarty were not in favor of using an earlier date. Councilmember O'Neill agreed with Chief Young and felt it would be appropriate to open the season on November 15th. He stated this does not simply affect the trail, but would be the citywide start of the season, therefore, snowmobiles could not be used anywhere in Shorewood prior to December 1 regardless of any snowfall there might be. Chief Young stated the earliest start date would be November 15th. This is the date Hennepin County turns use of the trail over to the City. The State and the DNR officially begin the snowmobile season on December 1st. Turgeon felt if the date were to be changed this year, it would add another inconsistency. Councilmember Garfunkel was in favor of retaining the December 1 opening date and felt this needs to be posted very clearly. Mayor Dahlberg noted there was not sufficient support on the . Council to change the opening date. Question 2: Should barricades with signs stating "Trail Closed" be placed on the trail until the open date? Relative to barricades, Councilmember O'Neill felt these would interfere with snow shoers, skiers and walkers. Councilmember Garfunkel stated he would be in favor of signage, but was opposed to using a barrier. Mayor Dahlberg requested the percentage of citations which came from people who violated the opening of the season. Turgeon noted it to be 28 percent. It was decided clear signage would be used rather than barriers. CITY COUNCIL WORK SESSION MINUTES AUGUST 18, 1997 - PAGE 5 Question 3: Should the City begin working with neighbors of the LRT Trail to identify places for evergreen buffers? Turgeon noted the concern of the Task Force was relative to the soil conditions and whether the soil would be conducive to placing buffer trees. Councilmember O'Neill felt the residents could plant trees on the back of their property as a buffer. It was noted the area proposed for the buffer would be the right of way. Councilmember O'Neill also expressed concern relative to the cost. Mayor Dahlberg noted the Council did not appear to be interested in pursuing this option. II. ISSUES A . Signage - This issue was previously discussed. B. Lake Access . Question 1: Should anything further be done to improve access from Lake Minnetonka to the LRT Trail west of Timber Lane? Turgeon explained the Task Force was concerned with the topography at this access area and felt it may be better to correct this area permanently to allow for access to the lake. She reviewed the various options which had been considered. Hurm stated the various agencies have not been consulted to determine whether this would be permitted. Councilmember O'Neill suggested exploring the options which are available. Mayor Dahlberg felt there to be support to move the sign and explore the possibility of building a ramp or reconstructing the area. Question 2: Should anything further be done for additional Lake access? There was no support for additional lake access noting there is nothing that can be done. to address this issue. Turgeon listed the options which had been investigated. . C. Freeman Park Question 1: Should any trail grooming be done in Freeman Park for cross-count~y skiing? McCarty stated grooming the trail for cross country skiing is unnecessary since a cross country skier can make a trail very easily. D . Policing and Enforcement Question 1: Does the City Council feel the hours of enforcement should be increased or decreased? Chief Young stated the amount of hours is dependent on the amount of snowfall. Officer Keller will be on the trail as often as possible. There was no support for decreasing the hours. CITY COUNCIL WORK SESSION MINUTES AUGUST 18, 1997 - PAGE 6 Councilmember Garfunkel did not think a specified number of hours could be set. Mayor Dahlberg asked if this is a management decision which would be better left to the police department on a daily basis. Chief Young pointed out the amount of hours spent on the trail is dependent on the amount of snowfall. Councilmember O'Neill felt Officer Keller was initially hired for increased patrolling on the streets for enforcement of the speed limit. He questioned whether complaints relative to speeding are reduced in winter. Chief Young stated the complaints decrease during the winter months and if the number of speeders decrease, he felt this would be weather related. Mayor Dahlberg commented if there were no snow through mid January, then Officer Keller would not be out on the trail. He felt it would be a day to day management issue based on the amount of snow which is present. It was decided not to increase or decrease patrol hours. Councilmember McCarty would like the level of enforcement to stay the same or increase and if there is a problem on the trail in December, then the hours should increase. Councilmember O'Neill noted the cost would need to be considered and this will have to be taken into consideration when discussing increased enforcement relative to speed in Shorewood and the . possibility of adding overtime hours to address this issue. Turgeon felt Officer Keller's time could be coordinated with other agencies such as the DNR and the Water Patrol. Chief Young explained the Sheriff will come out, but only until such time as the lake freezes. Once that freezing occurs, their work is on the lake. Mayor Dahlberg felt the 182 hours utilized in the previous year should be a target for this year given the same conditions, however, other enforcement issues in the city need to be considered and these needs will need to be balanced. Councilmember McCarty stated an hour limit cannot be set given the unpredictability of the amount of snow there will be. Question 6: Would you like to expand the enforcement program? Turgeon questioned why two snowmobiles would be necessary when there is only one officer available. Chief Young noted there is not a back up officer assigned for the Shorewood trails, however, there had been discussions relative to paying officers overtime to provide that back up. . Hurm stated an alternative would be to approach the fIre department relative to the use of their snowmobile. The consensus of the Council was not to raise this issue relative to a discussion of the overall enforcement budget in Shorewood. Question 2: Should a request to increase snowmobile related fines be submitted to the Hennepin County Judge? Mayor Dahlberg was in favor of increasing the fines, particularly for hazardous violations such as speed. Chief Young explained an increase in fmes would not be approved just for the City of Shorewood, however, he felt it would be worthwhile to inquire and noted he would be in favor of an increase. Chief Young recommended a minimum fme of $100. The Council requested Chief Young work with staff in researching this matter. CITY COUNCIL WORK SESSION MINUTES AUGUST 18, 1997 - PAGE 7 Question 3: Should the communications approach change from the concept of "Zero Tolerance" to "Strict Enforcement of the Law" to reduce conflicts of interpretation? Chief Young suggested the concept of zero tolerance be changed to strict enforcement of the law. He explained it would be impossible to write a citation on a violation of 1 mph. He noted it to be a communication issue. Ingrid Schaff was present and noted snowmobilers who were traveling at 10, 15 and 20 mph in excess of the speed limit were given warnings rather than citations. In one instance, she related a snowmobiler was traveling 30 mph in excess of the speed limit and was given a warning because she was driving a new machine. Ms. Schaff stated the speed limit needs to be enforced. She commented no one would expect a citation to be issued for a violation of 1 mph over the speed limit. Mayor Dahlberg suggested the Council adopt a policy which would specify that anyone exceeding the speed limit by 7 mph or more be ticketed. Chief Young stated the current policy is to issue a citation for violations in excess of 10 mph since this is what the judges have stated. <;ouncilmem1;>er McCarty did not want to see people exceeding the speed limit by 15 mph being gIven a warnmg. . Councilmember O'Neill proposed lowering the speed limit on the trail. Councilmember Garfunkel stated there is no guarantee a lower speed limit will actually reduce violations on the trail. He commented a limit needs to be set and then enforced. Councilmember Garfunkel remarked if the speed limit is unreasonable, this will increase the amount of violations. Mayor Dahlberg stated he would support a 20 mph limit utilizing the policy that anything 5 mph or more over the speed limit would be enforced. Councilmember McCarty pointed out there is officer time which is involved in appearing in court. Turgeon suggested issuing warnings for those exceeding the speed limit by 10 mph. Councilmember O'Neill felt this should be addressed with all five councilmembers in attendance and Councilmember McCarty noted her agreement. . Christine Lizee was present and related the trail to a no wake zone such as the channels on Lake Minnetonka and felt the snowmobilers could be limited to 10 mph for the portion of trail they travel prior to reaching the lake where increased speeds are permitted. Mayor Dahlberg asked if aID mph speed limit would be extreme. Dana George felt 10 mph to be unreasonable for 2.5 miles of trail. Mayor Dahlberg also questioned whether decreasing the speed would be setting this program up for failure because people will be constantly violating the speed limit. Mayor Dahlberg commented the success of the program lies in aggressive enforcement and the signal this sends to everyone. He suggested leaving things as they are with continued aggressive enforcement and the question which remains is at what speed the ticketing will begin. Councilmembers McCarty and O'Neill felt this should be discussed when Councilmember Stover is able to be present. Councilmember Garfunkel felt the speed limit should be set at the speed the Council would like to see on the trail and then that speed limit needs to be enforced. Councilmember O'Neill would prefer to set the speed limit at 10 mph, but would agree to 15. Councilmember McCarty noted her agreement. CITY COUNCIL WORK SESSION MINUTES AUGUST 18, 1997 . PAGE 8 Turgeon pointed out the ordinance calls for a speed limit of 10 mph on the streets and Chief Young noted ticketing begins at 20 mph. It was agreed to change from zero tolerance to strict enforcement of the law. Question 4: Should the City of Shorewood Snow Patrol be disbanded? Relative to the Snow Patrol, Hurm noted their function has been education rather than enforcement. He commented if the need for education arises, Southwest Trails could be consulted. It was the consensus of the Council there is no need to retain the assistance of the Snow Patrol. Question 5: Would you like any additional reports or different data gathered for the upcoming season? Chief Young asked if there is more data which is needed. Turgeon felt a more user friendly format would be useful, however, there is sufficient data available for review. E. CONTINUED USE OF SNOWMOBILES . Hurm noted the issue of a side trail and possible grant funds which may be available have not been investigated. Councilmember McCarty noted her understanding the side trail issue was a dead issue. Turgeon noted that to be her understanding as well. Question 1: How will the Council determine if snowmobiles will be continued to be used in the City? Mayor Dahlberg commented this issue will be decided by a vote. Councilmember McCarty pointed out it was the philosophy of past Council that this issue would be re-evaluated on a yearly basis. She noted there are many variables such as citation reports which would cause the Council to re- evaluate the program. Question 2: Do you want annual reports, and each year make a decision OR, after . 2 or 3 years of data gathering, reevaluate the issue of snowmobiling? The consensus was if a majority of the Council wants to re-evaluate this issue, it will be reviewed. Question 3: Should the Park or Planning Commission have a role in program evaluation? It was noted the Park Commission may be called upon to review the permit application. CITY COUNCIL WORK SESSION MINUTES AUGUST 18, 1997 - PAGE 9 F . COMMUNICA TION Question 1: Should additional training and communication be done? Signage was determined to be the most important issue and was addressed earlier in the meeting. The consensus of the Council was not to participate in additional training and communication. Councilmember O'Neill did not feel there is a need to encourage people to file complaints. If a situation arises, calls should be made to 911. Turgeon did not feel 911 should be tied up for snowmobile complaints, however, she also noted she had been reprimanded for calling South Lake Police Department directly. Chief Young stated callers should be directed to call 911. Mayor Dahlberg felt there to be a general need to educate the public on calling 911 on any type of emergency which arises. Question 2: Does the Council want to have a public hearing on snowmobiling in the City? . Hurm inquired whether the Council would want to hold a public hearing in the event the speed limit on the trail is reduced. Councilmember O'Neill felt this matter could simply be added to an agenda. III. 1997-1998 PROGRAM IMPLEMENTATION Hurm explained the implementation plan indicates the program will be run similar to the way it was conducted in the prior year with several exceptions. The councilmembers reviewed the implementation plan and there were no questions raised. 3. ADJOURNMENT . Mayor Dahlberg expressed appreciation to those who attended the work session. McCarty moved, Garfunkel seconded to adjourn the City Council Work Session Meeting at 10:07 p.m. Motion passed 5/0. RESPECTFULL Y SUBMITTED, Cheryl Wallat, Recording Secretary TimeSaver Off Site Secretarial ATTEST: TOM DAHLBERG, MAYOR JAMES C. HURM, CITY ADMINISTRATOR . CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDA Y, AUGUST 25, 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 7:34 p.m. A. Roll Call Present: Mayor Dahlberg; Councilmembers Stover, McCarty and Garfunkel; Administrator Hurm; City Attorney John Dean; Engineer Larry Brown; Planning Director Brad Neilsen; Finance Director AI Rolek Absent: Councilmember O'Neill . B . Review Agenda Mayor Dahlberg announced the Council will convene in work session format immediately following the regular portion of the meeting. Engineer Brown suggested Agenda Item No. 11 be considered prior to Agenda Item No.4. Mayor Dahlberg read the Agenda for August 25, 1997. The agenda was approved as amended. 2 . APPROVAL OF MINUTES A . City Council Regular Meeting Minutes - August 11, 1997 McCarty moved, Stover seconded approving the City Council Regular Meeting Minutes for August 11, 1997, as amended on Page 2, Paragraph 7, Sentence 1, change to read, "construction at Watten Ponds"; Page 5, Paragraph 1, change to read, "they may have been"; Page 9, Item 11, Paragraph 1, Sentence 1, change "improved" to "approved." Motion passed 4/0. . 3. CONSENT AGENDA Garfunkel moved, McCarty seconded approving the Motions on the amended Consent Agenda and adopting the Resolutions therein: A. A Motion to Establish Fall Clean-Up Day as Saturday, October 25, 1997 B. A Motion Adopting RESOLUTION NO. 97-68, "A Resolution Accepting Bids for a Dump Truck Boxes, Hydraulic and Lighting Systems and A warding Contract" Motion passed 4/0. ;J.t:nFL , ?'~""" . CITY COUNCIL REGULAR MEETING MINUTES AUGUST 25, 1997 - PAGE 2 4. MATTERS FROM THE FLOOR Kate Lynch Bix, 25545 Orchard Circle, stated she appreciated the apology she received from Brad Nielsen relative to the tree preservation issue. Ms. Bix reported the Eureka Neighborhood Association is being established and asked for guidance from staff relative to organizing this association. Ms. Bix also commented on the Evan Meline project. She noted a number of surveys have been completed and the elevations have been changed a number of times. Ms. Bix inquired where the elevations are factually located and whether they are conflicting with other grids of the lot. Ms. Bix provided the Council with a letter from Franklin 1. Svoboda, Svoboda Ecological Resources, to Brad Nielsen which addresses the same concerns relative to this project. Planning Director Neilsen explained there have been four different plans for the property and he noted the information has been changing. Delineations have been performed by two different delineators. Despite the requests of staff, Mr. Meline has not had a delineation performed in close enough proximity to a survey where staff has been willing to accept the delineation. Nielsen noted there is different information contained in each of the plans and the developer was advised in writing that the City is requiring a full delineation to be performed and a surveyor on site within 24 hours of that delineation to obtain an accurate survey of where the stakes are placed. . Nielsen acknowledged the letter from Mr. Svoboda and commented that he raises some valid concerns, some of which have already been addressed by staff such as a soil report which was prepared by a soil engineer. Plans have also been completed by a registered civil engineer addressing the drainage issue. Engineer Brown has requested complete plans in which the delineation was performed in close proximity to the survey to assure a valid delineation. Signatures would be required on this plan. Nielsen explained staff has requested the Watershed District use a technical evaluation panel given the discrepancies between the various sets of plans. He noted the Watershed District has declined to use the panel until such time as the discrepancies are resolved. Nielsen reported until such time as a plan is submitted which meets all of the requirements, no action will be taken on this matter. Engineer Brown reported the technical evaluation panel was on the Watten Ponds site and did walk . the subject area and they did noticed some discrepancy in some of the stakes which were placed on the site. He has requested the developer submit a plan which has been signed off by a wetland soil scientist, a professional engineer as well as a professional land surveyor. Administrator Hurm explained the City does not have criteria relative to neighborhood associations, but suggested the Council may, at some point, want to consider whether it would be appropriate to establish criteria relative to neighborhood associations. Mayor Dahlberg stated he would not be interested in regulating the neighborhood associations in any regard, but stated staff will assist in suggesting a structure for the association. Vicki Stromberg, 5510 Wedgewood Drive, read a letter prepared by her husband, Rick Stromberg, relative to the Evan Meline project. Mr. Stromberg raised concerns relative to the possible filling of wetlands, drainage problems and the loss of mature trees. Mr. Stromberg also raised the issues addressed by Ms. Bix relative to elevation discrepancies and inconsistencies. Mr. Stromberg also express concern with the number of people accessing the subject site by cutting through the yards of adjoining properties. Concern was also raised regarding the behavior displayed by the developer to the surrounding neighbors. CITY COUNCIL REGULAR MEETING MINUTES AUGUST 25, 1997 - PAGE 3 In addition, Ms. Stromberg read a letter prepared by Barbara R. Cameron, 5490 Wedgewood Drive, who expressed many of the same concerns raised by Mr. Stromberg as well as concerns relative to the impact on wildlife in the area. Ms. Cameron cited an incident which occurred last summer when she states her daughter was verbally abused and badly frightened by the conduct and comments of Mr. Meline. Ms. Stromberg requested the neighbors be given notice of any public hearing which may be held relative to this proposed development. Brown explained this building permit process does not require a public hearing or notification to the residents. Brown noted this is not a wonderful building site. Staff has attempted to address all of the concerns relative to liability by requiring the following: signatures of a registered professional engineer, a certified wetland scientist and registered land surveyor, a survey of the wetland delineation which must occur within 24 hours of the delineation being staked in the field, all three signatures of certification shall be executed on the drawings within a reasonable time frame. No further reviews of the site will be made until these criteria have been met. . Councilmember McCarty inquired whether the lot is now dry and a buildable lot even though the pictures reflect standing water in the area of the proposed building site. Brown noted the developer has obtained a professional engineer who has stated the lot is dry enough and contains adequate soils on which to build a proper house and foundation. Brown stated he has been informed a plan was submitted earlier in the week to the Watershed District which is alleged to meet the criteria. The Watershed District has directed the applicant to forward copies immediately to the City and that has not occurred. . Greg Larson, 25535 Orchard Circle, raised concerns relative to flooding on the site as well as designation of the flood plain. He referenced a recent hydrological survey which was completed by the DNR and felt the survey confirms the flood plain setting is inaccurate. Nielsen noted the flood plain elevation was addressed in the previous year. The ordinary high water mark was lowered based on a DNR study which was performed. Mayor Dahlberg asked if the City has a published opinion relative to the location of the flood plain. Brown explained the City utilizes the flood insurance maps which are prepared by the Federal Emergency Management Association or will rely on DNR data. Mr. Larson felt the City should take responsibility for setting the level of the flood plain. Mayor Dahlberg asked if the City has ever hired anyone to establish the flood plain. Brown noted this has not been done. Councilmember McCarty questioned whether it is standard procedure for municipalities to rely on information obtained from FEMA and Brown confmned it is. McCarty moved, Stover seconded to move Agenda Item No. 11 to be considered after Agenda Item No.5. Motion passed 4/0. CITY COUNCIL REGULAR MEETING MINUTES AUGUST 25, 1997 - PAGE 4 5. PRESENTATION ON ANNUAL REVIEW OF LAKE MINNETONKA COMMUNICATIONS COMMISSION BY JIM DANIELS Mr. Daniels was present and reported on the 1997 activities of the Lake Minnetonka Communications Commission. He noted the FCC has ruled in favor of the LMCC relative to rates charged for the second tier of service of Triax. Mr. Daniels estimates a refund to subscribers in excess of $150,000. There is a 60 day period of time in which this matter can be appealed to the FCC. Mr. Daniels urged the Council to continue to move forward on the ordinance language for right of ways and requested the Council review the proposed 1998 Budget. He noted there are no extensive changes with the exception of legal fees. Legal assistance was obtained in connection with franchise renewal. Councilmember Stover inquired whether there is a proposal to upgrade the equipment since there is frequently questionable reception and a number of channels which blank out. Mr. Daniels explained the LMCC is looking at hybrid designs which will ensure higher quality service. Hurm commented consideration of the proposed 1998 budget for the LMCC will be addressed at . the September 8, 1997, meeting of the City Council. 5A. STATUS REPORT OF SAFETY IMPROVEMENTS ON SOUTHEAST QUADRANT OF THE INTERSECTION OF SMITHTOWN ROAD AND . EUREKA ROAD SOUTH (This matter was advanced on the agenda at the request of Engineer Brown.) Mayor Dahlberg explained he met with Mr. and Mrs. Stubstad along with Councilmember O'Neill relative to this matter. Brown explained a proposal has been submitted by OSM & Associates which would involve surveying the property, quantifying the encroachment, drafting a legal description for the easement and recording it. The estimated cost of this work is $2,800. In addition, quotes are being requested from other individuals in an effort to determine whether this is a fair price. Mayor Dahlberg noted Councilmember O'Neill felt the City may be able to agree to a compromise. . Mr. Stubstad related his understanding a compromise had been discussed. This would allow sufficient room for the contractor to come in and grade, eliminating the need to reconstruct the retaining wall which was damaged. Brown explained before the City can move forward with an easement document, the encroachment will need to be defined and a recordable document will also need to be prepared. Brown noted staff will complete further research and report back to Council. Mr. Stubstad noted the compromise will allow the stop sign to be moved forward to prevent drivers from using this area as an entrance ramp. He will also be requesting a specified axle weight be posted on this roadway. He felt County Road 19 and Highway 7 to be more appropriate roadways for these type of vehicles to utilize. Mr. Stubstad inquired whether this work could be completed this fall. Brown felt it may be possible, however this is dependent upon the weather. CITY COUNCIL REGULAR MEETING MINUTES AUGUST 25, 1997 - PAGE 5 6. Parks - Report by Representative Councilmember McCarty reported on the matters considered and actions taken at the August 12, 1997, meeting of the Park Commission (as detailed in the minutes of that meeting). 7. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION APPROVING THE ASSESSMENT ROLL FOR DELINQUENT UTILITY CHARGES AND OTHER PROPERTY SPECIFIC CHARGES Mayor Dahlberg inquired whether this resolution also includes charges for property owners who did not allow their sump pumps to be inspected. Finance Director Rolek noted that would apply to one property owner and a letter was received relative to that situation. Attorney Dean felt there to be three options which include whether the charges remain on the roll, whether they are removed from the roll for consideration at a future date or whether the charges should be forgiven. Mayor Dahlberg asked if there is an additional charge against anyone who failed to have an . inspection and Rolek confirmed this. Mayor Dahlberg inquired relative to the purpose of the charge. Rolek explained it was intended as an inducement for an individual to have the inspection completed. He explained in approximately 95 percent of the cases, no violation of the ordinance has been found. Attorney Dean explained the charge is not a punishment and not a penalty, but it is a way to ensure compliance. . Councilmember McCarty would not be willing to forgive this charge, however, if the property owner would allow the inspection, she would vote to remove the charge. Mayor Dahlberg stated he could not vote for the surcharge and felt it to be a strange policy. Councilmember Garfunkel stated he agrees this is a strange policy, however, it is the current policy and residents cannot be allowed to choose which policies they are willing to comply with. Councilmember Stover stated the Council must consider the greater good of the city. Hurm suggested possibly the property owner would allow an inspection by an independent certified plumber rather than City personnel. Attorney Dean stated it has been the policy of the Council over the past several years to defer a decision on this assessment given the pending litigation surrounding this particular property. Councilmember Stover requested this issue be brought before the Council for reconsideration and action prior to November 1, 1997. Dahlberg moved, Stover seconded adopting RESOLUTION NO. 97-68, "A Resolution Approving the Assessment Roll for Delinquent Utility Charges and Other Property Specific Charges with the exception of sump pump charges. Motion passed 3/1. (Councilmember McCarty was the dissenting vote.) Stover moved, Garfunkel seconded to schedule the issue of sump pump charges for further consideration and action prior to November 1, 1997. Motion passed 4/0. CITY COUNCIL REGULAR MEETING MINUTES AUGUST 25, 1997 - PAGE 6 8. CONSIDERATION OF A MOTION APPROVING THE 1998 BUDGET FOR SOUTH LAKE MINNETONKA PUBLIC SAFETY DEPARTMENT McCarty moved, Stover seconded approving the 1998 Budget for the South Lake Minnetonka Public Safety Department. Motion passed 4/0. Mayor Dahlberg recessed the meeting at 9:27 p.m. and reconvened the meeting at 9:41 p.m. 9. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION ACCEPTING FEASIBILITY REPORT AND ORDERING PLANS, SPECIFICATIONS AND ESTIMATES FOR THE LAKE SIDE LATERAL EXTENSION Rolek explained projects in the two previous years relied upon two basic ways to finance the installation of water. One method was to assess a portion of the cost and the second method was to aI?ply a portion of the revenues over the course of the financing toward retirement of the debt servIce. Rolek explained a break-even analysis over a IS-year period of time was considered. In addition, . 5, 10 and IS-year break even periods were considered and analyses completed. Mayor Dahlberg noted there is not a significant difference in cost between the various break even periods which were used. Rolek pointed out the total assessments under any of the scenarios is going to be $7600 to $7900. Mr. Wicka asked if there are additional assessments or costs which need to be considered. Brown stated the next step would be to authorize the preparation of plans and specifications which would be reviewed by the petitioners as well as the Council. Once the plans, specifications and advertisement for bids have been approved, at that point, estimates would be obtained. Brown explained a Consent and Agreement has been drafted which would outline the costs for which the City would be reimbursed. If the petitioners want to move forward with plans and specifications, engineers would prepare a formal proposal outlining the cost. The agreement would then be finalized and brought before the Council for their consideration. Hurm reviewed the Consent and Agreement which tells the petitioners a feasibility report will be prepared and the petitioners would be responsible for the costs up front. Relative to the Consent and Agreement, Councilmember Stover requested that the reference to assessing the "entire" cost in Item No.2 be amended deleting the word "entire." Attorney Dean said there is a concern with the break even cost as being partially funded through a stream of future payments from another fund. He noted there is nothing at this point which obligates payment of the water bills for the next 15 years. Rolek stated there are remedies in the ordinance as well as statutory remedies. . Attorney Dean will revise the Consent and Agreement to reflect that the cost of the improvement will be assessed against the property in the manner as set forth in the waiver agreement. Mayor Dahlberg commented the petitioners will have opportunities throughout the process to withdraw their request. CITY COUNCIL REGULAR MEETING MINUTES AUGUST 25, 1997 - PAGE 7 McCarty moved, Stover seconded adopting RESOLUTION NO. 97-70, "A Resolution Accepting Feasibility Report and Ordering Plans, Specifications and Estimates for the Lake Side Lateral Extension." Motion passed 4/0. It was the consensus of the Council to continue on a IS-year break even period given the minimal difference between the 5, 10 and IS-year break even periods. Mayor Dahlberg pointed out the assessment, in addition to the cost of a private plumber to make the hook up, will cost approximately $14,000. Mr. Wicka noted he was aware of this. 10. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION ACCEPTING A PETITION - SOUTH BORDER WATERMAIN EXTENSION Engineer Brown requested this matter be tabled to the September 8, 1997, City Council meeting, due to some technical difficulties which arose. . Dahlberg moved, Stover seconded tabling consideration of a Resolution accepting a petition - South Border Watermain Extension to the September 8, 1997, City Council meeting. 11. STATUS REPORT OF SAFETY IMPROVEMENTS ON SOUTHEAST QUADRANT OF THE INTERSECTION OF SMITHTOWN ROAD AND EUREKA ROAD SOUTH (This item was considered as Agenda Item SA.) 12. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION AUTHORIZING ADVERTISEMENT FOR BIDS FOR A STREET OVERLA Y PROJECT Garfunkel moved, McCarty seconded adopting RESOLUTION NO. 97-71, "A Resolution Authorizing Advertisement for Bids for a Street Overlay Project." Motion passed 4/0. 13. ADMINISTRATOR AND STAFF REPORTS . A. STAFF REPORT ON DEVELOPMENT MONITORING Engineer Brown reported private utilities have been installed on the Watten Ponds site. Pond corrections continue to be pursued by staff. He noted there is an area near the roadway where the Watershed District had approved a pond, however, staff feel there is an ability to improve the side slope and the developer has been instructed to address this issue immediately. Relative to Planning Director Nielsen's Memorandum of August 14, 1997, regarding the Watten Ponds Development, Mayor Dahlberg requested the bullet points be number and depicted on the development map. Councilmember McCarty reported the curb on the LRT trail has been removed. Tree protection fences have been inspected daily at Marsh Pointe and the developer will be reinstalling some of the fencing at staffs request. The developer is proceeding with the installation of sanitary sewer and therefore traffic on Smithtown Road in this area has been rerouted. The developer intends to list this home in the Parade of Homes and staff has given consideration to marking the area of Smithtown Road as a no parking zone to allow for a safe flow of traffic. .-. CITY COUNCIL REGULAR MEETING MINUTES AUGUST 25, 1997 - PAGE 8 With regard to Smithtown Meadows, Mr. Dillerud has been instructed to sweep the street and replace the erosion control fencing. If the sweeping is not completed, the City will contract this out and charge the costs back to the developer. B. REVIEW OF UPCOMING MEETING DATES Hurm noted a work session has been set for Monday, September IS, 1997, at 7:30 p.m. for discussion relative to the Capital Improvement Plan. In addition, Tuesday, September 23, 1997, is another available date for a work session. C. DISCUSSION OF RECYCLING CONTRACT Hurm reported members of the Lake Minnetonka Recycling Consortium have expressed a desire to negotiate an extended contract for services with E-Z Recycling given the exceptional service which has been provided in the past in addition to the affordable cost. Councilmembers McCarty and Stover were in favor of renewing the contract with E-Z Recycling. It was the consensus of the Council that an extended contract be negotiated. 14. MA YOR & CITY COUNCIL REPORTS . ~ayor Dahlberg reported there will be a sub-committee developed to address the animal control Issue. 15. ADJOURNMENT Garfunkel moved, McCarty seconded adjourning the meeting at 10:35 p.m. subject to the approval of claims. Motion passed 5/0. (Due to the lateness of the hour, the Council did not convene in a work session format.) RESPECTFULLY SUBMITTED, Cheryl Wallat, Recording Secretary TimeSaver Off Site Secretarial ATTEST: . TOM DAHLBERG, MAYOR JAMES C. HURM, CITY ADMINISTRATOR ,.., .. CITY OF SHOREWOOD WORK SESSION MEETING TUESDA Y, AUGUST 26, 1997 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. 1. MINUTES CONVENE CITY COUNCIL WORK SESSION DRAFT Mayor Dahlberg called the meeting to order at 7:38 p.m. A. Roll Call Present: Mayor Dahlberg; Councilmembers Garfunkel, McCarty (arrived at 8:27 p.m.) and Stover; Administrator Hurm; Engineer Larry Brown; Planning Director Brad Nielsen and Finance Director AI Rolek Absent: Councilmember O'Neill . B. Review Agenda The agenda was approved as presented. 2. DISCUSSION REGARDING 1998 MUNICIPAL OPERATING BUDGET Administrator Hurm noted the city tax rate for 1998, prior to changes by the Legislature, would have been 16.929 percent. The city tax rate for 1998 after changes which were made by the Legislature will be 18.295 percent. . With respect to pr.operty taxes, Finance Director Rolek explained the state utilizes a formula and determines the taxable value of a property. For 1997, for the first $72,000 in value on a homestead property, 1 percent of the value was determined to be the taxable value. For any amount in excess of the $72,000, 2 percent of the value was determined to be the taxable value. This would result in a total tax capacity for tax value. That amount is then applied to the tax rate which is achieved by dividing the tax levy by the total value in the city. This would result in the total amount of taxes which are levied on a particular property. For 1998, the Legislature has shifted the multipliers and has developed a formula in which 1 percent of the first $75,000 was used as opposed to $72,000. Any amount in excess of $75,000 was applied at a 1.85 percent rate as opposed to a 2 percent rate. This causes the taxable amount to decrease. This is not of much benefit to lower value properties, but the high value properties would receive the majority of the benefit. With respect to total tax capacity, Rolek explained in 1997, the City's total tax capacity was approximately $9.7 million. Prior to the legislative changes, the City's tax capacity would have been approximately $10.5 million for 1998. After the legislative changes, the City's tax capacity will be approximately $9.7 million. Rolek pointed out there is a shortfall between the general fund budget revenues and anticipated expenditures. He explained the City has targeted approximately 50 percent of the annual budget as a fund balance figure. The bulk of the revenues are received two times per years, generally at six month revenues. In order to make it through that six month period of time, there needs to be sufficient fund balance available to sustain the City's operations. It was the recommendation of the auditors that a 35 to 40 percent fund balance would be appropriate. Currently the fund balance is ~~ .. CITY COUNCIL WORK SESSION MINUTES AUGUST 26, 1997 - PAGE 2 approximately 60 percent of the operating budget. Councilmember Stover recalled the difficult financial times which the City has endured which resulted in the establishing of a fund balance. (Councilmember McCarty arrived at 8:27 p.m.) Councilmember Stover felt another reason to maintain a fund balance would be to cover expenses which were not anticipated. Mayor Dahlberg questioned whether it would be considered unorthodox to maintain funds in the general fund budget with the knowledge it may be accumulating more than would be required. Rolek explained the funds are designated for working capital purposes. Hurm pointed out in the past six years, the City has never budgeted for an increase in the fund balance. Rolek stated it would not be considered unusual or unorthodox to have a fund balance. He explained there are differing schools of thought relative to how large the fund balance should be. Mayor Dahlberg pointed out it is all a matter of degree. Councilmember Stover pointed the auditor would be more nervous if the fund were too low. Hurm commented he is very comfortable with the general fund balance and felt it will provide sufficient funds to get through the low times in the coming year. Even though the City is very conservative, the $71,000 deficit can be budgeted to reduce the fund balance. Councilmembers . McCarty and Stover noted they are comfortable with the fund balance. Dept. 58 - Police Department Hurm felt the objectives for this department had been accomplished and suggested new objectives be determined. It was the consensus of the Council that one objective would be to increase the street patrol time. Dept. 59 - Fire Department Dept. 60 - Protective Inspection Rolek noted one of the larger items in this category to be animal control and the Council will be addressing this issue in the near future. Mayor Dahlberg questioned the increase of approximately $3,000 for staffing. Rolek stated there . is anticipated a 3 percent increase in staff salaries. This figure also includes an increase of approximately 7 percent in health insurance costs. It was noted the police contract has been negotiated and the ASCME contract will be negotiated. Hurm noted funds have not been allocated for a forester and the Council will need to decide whether or not funds should be allocated for a part time forester. Councilmember Stover commented since commencing the tree protection policy, the motivation and goals have been good, but that perhaps the Council is somewhat over regulating what the policy could dictate if it were to go to its ultimate conclusion. This issue should be discussed prior to making a decision whether funds should be budgeted for a forester. Councilmember Garfunkel noted wetland delineation specialists and other professionals could also be considered in this regard. Councilmember Stover noted when a developer utilizes these services, they must also bear the cost. CITY COUNCIL WORK SESSION MINUTES AUGUST 26, 1997 - PAGE 3 Dept. No. 51 - Mayor and Council Rolek explained dollars were budgeted in previous years for a survey as well as a teen building and strategic planning. This planning did not take place and therefore those dollars were taken out which resulted in a decreased budget for 1998. Rolek noted Hennepin County Fair can be deducted from the charges and fees since this donation is no longer made. Councilmember Garfunkel questioned why Christmas Lake Milfoil is included in support services of the Council budget. Hurm explained it is a special determination by the Council. Mayor Dahlberg asked about the budget for the appreciation function for City volunteers and staff. Rolek explained the budget in 1997 was $1,800 and for 1998, $2,300 is budgeted. The fee of $4,100 for the League of Minnesota Cities was discussed and Councilmember McCarty noted the assistance which can be obtained from the League is invaluable. . Councilmember Stover requested the donation of $1,000 to the Excelsior Fireworks be deleted from the budget. She noted this is a donation of tax funds to benefit the Excelsior Chamber of Commerce and she did not feel this to be the responsibility of Shorewood.Mayor Dahlberg was in agreement. Councilmember McCarty was not in favor of deleting this item given the number of Shorewood residents who attend the fireworks. Mayor Dahlberg stated he respects Councilmember McCarty's opinion, but felt it to be an inappropriate expenditure. Councilmember Garfunkel was in agreement with Councilmember McCarty that this is a goodwill type gesture. Councilmember O'Neill's input will be sought on this matter. Mayor Dahlberg suggested the fee for the Minnesota Mayors' Association in the amount of $20 be deleted from the budget. Hurm suggested deleting two objectives for the Mayor and Council which include meeting with the Cooperative Services Study Task Force semi-annually, since that group is no longer in existence, and the follow up to the Comprehensive Plan update and undertaking a city vision process. Rolek noted next year is election year and election judges will need to be budgeted for two elections. . Dept. No. 54 - Finance Hurm would like to work on a multi element year on the budget and felt this could be added as an objective. Dept. No. 55 - Legal Services Rolek explained it is anticipated the legal services will increase. Hurm noted Attorney Dean has submitted a report relative to measures which can be taken to reduce legal fees such as not requiring his attendance at every staff meeting. Total legal services are approximately $70,000. Of that amount, the auditor is approximately $6,000 and the assessor is approximately $48,000. Mediation services are included at approximately $1,000. . CITY COUNCIL WORK SESSION MINUTES AUGUST 26, 1997 - PAGE 4 Dept. No. 56 - Planning and Zoning Technical support relative to the housing study accounts for much of the increase in support services. In addition, software has been ordered to allow the City to produce computer generated maps. The. Highway 7 corridor improvement study will cost approximately $7,500, although approximately $4,000 will be reimbursed to the City through a grant. Dept. No. 57 - Municipal Building - City Hall This budget item includes software and hardware support for computer services as well as maintenance on all office equipment and purchase of office supplies. Support services includes $60,000 which represents the total insurance for the City. Councilmember Stover inquired relative to special assessments on city owned property. Rolek explained the City owns various pieces of property such as a lot on Church Road and part of the improvements were assessed to this property. Dept. No. 61 - City Engineer Councilmember Garfunkel noted support services has increased considerably. Engineer Brown . explained he has worked considerably more hours. Additional tasks and projects have been passed on to Phil Tipka who provides engineering support services which would account for approximately 50 percent of the cost and another 50 percent would go to other types of support provided by OSM and WSB. It was pointed out Mr. Tipka's hours on Watten Ponds are charged back to the developer. Dept. No. 62 - Public Works Service Rolek explained there is a transfer to the equipment replacement fund. For 1997 there was a $109,000 transfer and for 1998, the Capital Improvement Plan calls for a transfer of $113,000 for the purchase of trucks. Dept. No. 63 - Streets and Roadways Rolek pointed out this portion of the budget would address maintenance and repair of the roadways including patching and sealcoating. Brown explained it is more desirable to maintain the roadways . rather than reconstructing them, therefore the sealcoating portion of the budget was doubled to allow for better maintenance of the roadways. Funds were transferred from reconstruction and added to the seal coating fund. Mayor Dahlberg stated he would be interested to know if a study has been completed relative to preventive repair and how it extends the life of a roadway. Dept. No. 64 - Snow and Ice Removal Brown expressed concern that an increase for salt and sand is not reflected in the budget. A transfer of funds will be requested since the budget for salt/sand is down to $1 ;000 which is adequate for the salting/sanding necessary for one snowstorm. Brown felt it would be desirable to increase the budget $2,000. It was the consensus of the Council the 1998 budget will increase from $15,500 to $17,500. Dept. No. 65 - Traffic ControUStreet Lights Rolek explained this budget covers the utility costs for operating traffic lights and street lights. /I CITY COUNCIL WORK SESSION MINUTES AUGUST 26, 1997 . PAGE 6 Mayor Dahlberg asked what percent of the budget pertains to benefits. Rolek explained it is not a hard percentage. It consists of FICA which is 7.65 percent, PERA of 5.18 percent in addition to health insurance. Mayor Dahlberg requested a breakdown of the total staffmg costs. Councilmember Garfunkel would also like to see this information. Rolek explained the tax levy amount must be ready by September 15th. It was noted the levy amount can be lowered after that time, but it cannot be increased. Councilmember Garfunkel felt it would be prudent to use the maximum rate and then it can be reduced later. 3. ADJOURNMENT McCarty moved, Stover seconded to adjourn the City Council Work Session Meeting at 10:30 p.m. Motion passed 4/0. RESPECTFULLY SUBMITTED, Cheryl WaIIat, Recording Secretary TimeSaver Off Site Secretarial ATTEST: . TOM DAHLBERG, MAYOR JAMES C. HURM, CITY ADMINISTRATOR . ..: .MEMORANDUM . TO: FROM: DATE: RE: FILE NO. CITY OF SHOREWOOD MAYOR Tom Dahlberg COUNCIL Kristi Slover 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. cilyhall@shorewood.state.net Mayor and City Council Brad Nielsen 4 September 1997 Smithtown Woods - Request for Extension for Submission of Final Plat 405 (94.21) Mr. Clint Carlson has requested an extension of the deadline for submitting the above- referenced plat. This project has been in various stages of the application process since late 1994, including one extension under his most recent application. It is recommended that the applicant be granted one additional extension to no later than 31 January 1998, by which he must submit all necessary items, including Watershed District approval. Failure to meet this extended deadline should result in voiding any previous approvals. It should . also be understood that the plat will be subject to whatever fees are required at the time it is approved. . cc: Jim Hurm Larry Brown John Dean Clint Carlson ,.c.:, aesic!2r7riDi CC(:;;T!un/r/ on Lake /v!inneron/\3"':; Scu::n _?/~D(-'? 113 f1'k. (Jrct d ~J ," e ( S e.. jV C ~ 1-a of )~o'w"~w,;;<,:, d 57SS- C";:..;tIil"rd- C/<.tb R(!.\J Sh ~...e. (.u.; .~ c:i { M .. IVN, SS13 i Q~; yJ,-< I.. l1\ ,'^,Qy'a- / F'i.vcJ.. Pi..:i- AffV"'';=..( J:., t' -ttt. rul..v .1..1 w~ ~ d S" DR..C1.v- vt>l r. ;1J/ e (S~ tV.J t;J it. r~ l' c...~S"1'" ltAl' ~~'lir;~N c f- 1: --.:J- ~.- 'YJ Tt:J 6 vtu ...rt"'hs ~.,.. (.l s To ,s,-< j, ~ \" t -tk f ,tV a { fJ I fA. t fo..... .()~ V ~~;+4. -t-uw!V (,t...},;,~ ds Sv<.L. cJ.f'VI'S:~,;/ . J""'d- 30) /1'17 T '" Q ",,' f:. (;~ ~. \;' 5J a "'- V' a ... r. ,..j.. -1A 'I (j ~>, 5 , ~ C AI -, 11, s. ;;:~6dJ 'B -r, 0"'; ~. OJ, f q",d .5 ~q'5 s;:~ ,'--K t~".UJ Rend 5"-(j"1(.w',~ci) A:lt'.v.v. SS 3 3"7 UP 47~-O~fS- ULt ~~ Ci:uT Cc.... fr'QI\J ~ ~:l. A< /'IF I'''; S,< /ct R. c v. d .Me d { Ci'.v~ ~ ~~ A;',..v~ 5SV-C/ I (;) 5'<fC(- Ocr b ~ 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 Larry Brown, Director of Public Works ~~. ~ September 4, 1997 . FROM: DA TE: RE: Consideration of a Motion to Adopt a Resolution Accepting and Declaring Adequacy of a Petition For the South Border Watermain Extension and Ordering a Feasibility Report Attachment 1 is a petition received for the installation of watermain to serve four properties adjacent the South Link Project. Attachment 2 is a location map which shows the subject parcels. It should be noted that these . parcels are approximately 750 feet south of the Lakeside WatermainExtension considered during the August 25th City Council meeting. . Under current practice by the City Council, the petitioner's would be responsible for the all costs associated with the improvements, including the preparation of the feasibility reports, design documents, construction costs, and construction inspection costs. Attachment 3 is the form of agreement which was approved, with minor revisions, during the August 25, 1997 City Council meeting for such petitions. The generic fonn of the agreement gives the petitioners the opportunity to withdraw their petition after completion of each of the following steps: 1. Costs for the preparation of the feasibility report have been presented to the petitioners to determine the amount of deposit required 2. After preparation of the feasibility report 3. Costs for the preparation of the design documents has been presented to the petitioners to determine the amount of the second deposit required 4. Completion of design documents 5. After bids have been competitively bid, opened and tabulated A Residential Community on Lake Minnetonka's South Shore ." . . Mayor and City Council Accept Petition For Improvements South Border Watermain Extension September 4, 1997 Page 2 of2 However, to proceed with each step, the petitioner's must provide the City with a deposit prior to each step being completed. The following is a step by step process by which a typical project may proceed. 1. Petition is accepted by the City Council 2. The petitioner's will enter into the standard "Consent and Agreement" for shown as Attachment 3 of this report. 3. The City Engineer will prepare a cost estimate of preparation of a feasibility report. 4. The petitioner(s) have 45 days to submit a deposit with the City to cover feasibility report costs. 5. Feasibility Report is prepared and accepted by the City Council. If the petitioners agree that costs appear reasonable, the City Council would then order the preparation of Plans Specifications and Construction Estimate contingent upon the petitioners submitting a deposit with the City an amount equal to the estimated design costs. If a deposit is not made within 30 days after the feasibility report was accepted by the City Council, the petition will be considered formally withdrawn without City Council action. 6. If such deposit is made, plans, specifications and construction estimates will be prepared, competitively bid and tabulated. The petitioners will then be required to execute the "Waiver Agreement shown as Exhibit A, which states that the applicant agrees to pay 1 00% of the costs of the project and waive their right to appeal an assessment for such an amount. If each affected property owner does not complete the waiver and returns this to the City within 5 days after bids have been tabulated, the petition will once again be considered formally withdrawn without City Council action. Under those circumstances, the bids would be brought back to the City Council for rejection. 7. If the waivers are executed and filed with the City Clerk, the project would then be awarded to the lowest responsible bidder. 8. The final step would be acceptance of the improvement by the City Council for the use and maintenance of such improvement. The resolution included with this report for the City Council's consideration would accept the adequacy of the petition, and would order the preparation of the feasibility report contingent upon the petitioner's executing the Consent and Agreement Form. As part of the agreement, the petitioners would be required to place a deposit with the City within 45 days of the date of acceptance of the petition, for an amount equal to the costs of preparation of a feasibility report. At the time of this report a proposal for preparation of the feasibility report was not yet available. Therefore, this cost estimate will be presented at Monday night's City Council meeting. . . JlUy 16~ 1997 , ! Shor~od C:i~ CouDgj,l 57.55 ~ ClaD Raad Sbo.t"ls* 1=-1, JIll 55331-8927 I ! Deer ~q.ncu t ... t:Iul "",,--1_ __b ~ _ ,.... to COI1dace .. 8'tady 'to ~ """' "-11t:.y .".. _ "" ~ c;i.t:.y- 1Bt&r "" ~ 2:'es:Lden.aClS. I We 't:han1i:i YOu for yom. .PJ:u.pt at:.bu:tt:.!OI1 to t:h!s reqIlest_ J 8!1lceJ:elr, I ~CLfJ- W:Lll.t_/n.. ~. --.. 27910 S:rtd:thtowls Jload. I0J ~~ 2 80 SllI.i:t::b'town -.oad I ~rr \ ,,.......,. ~ ~@ "'~.~ 06i .. ....+ 9l: -,e; ~ '0 -n @ @'Ql 2> ~ @ ~ ~ ~ iE ( ,... ",. 'x; => :l: N 'f> .~ t .. '-' lq'Wl';.~ L~>lt - r- 1 t --~'__ -::'~J U J:: .61.~ . .. 0_ It!l{ ~ 1.0 rj, I- - ill 'fl ~ ~ l- J ~-- M ~ ~ .. '-' - -..~ ~ ....-. 0- z::~ r;:-- .. 00 ~. si 9'l ON IJ~ 131 o'I1S' ;j ,; ... ... ;; '^ . ... 2g ~:.:. @ @ ~ '" w a 11, - ,'f!>:. - ~ ~.... ~ '" : ~ :: B \0 .. r. ,. ~ 09' ~.. ('If, IlLI . ~~ => ~ u oS ~.....~ '0.. \I"' '. \I"' "T I- ~( ::,.. o ~ Cl ::> -:> ~ ... '"" ;;> X -n u. J ~?r~ ~ ~,N~ - ,_ 'T"i'\ rtiIYLt.. : _--'.. ..:. --i. ...'-'\. ......., "'- CONSENT AND AGREEMENT SOUTH BORDER WATERMAIN EXTENSION PROJECT 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 27980 Smithtown Road 27990 Smithtown Road 27968 Smithtown Road 2. They have petitioned the City to construct the following public improvement ("Improvement") along and within such properties: To extend watermain along or through said properties to bring . municipal water service within close proximity to the existing structures located on said properties, 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 will 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 will ordinarily provide further information regarding the cost of the Improvement. 5. Not later than the time the petition is considered for acceptance by the 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 the earlier of the date the petition is scheduled for consideration of the City Council or 45 days from the date the petition was filed. ATTACHMENT 3 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 council is scheduled to consider directing the 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 described 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. William R. RummIer 27970 Smithtown Road Date William Gotschall 27980 Smithtown Road Date Frank Fox 27990 Smithtown Road Date William Pye 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 rights 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: CITY OF SHOREWOOD RESOLUTION NO. 97- A RESOLUTION DECLARING THE ADEQUACY OF A PETITION FOR IMPROVEMENTS WHEREAS, the City has received a petition (petition) requesting that the City allow the watermain to be extended to the petitioners' property; and and WHEREAS, the petition requests that the City research options for extension and related costs; WHEREAS, the names of those petitioners and their associated locations are as follow: . 1. 2. 3. 4. William Rummler ..............................27970 Smithtown Road William Gotschall.............................. 27980 Smithtown Road Prank Pox .........................................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 Shore wood, Minnesota: 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 conformity 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 1, 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. Tom Dahlberg, Mayor ATTEST: James C. Hurm, City Administrator/Clerk CONSENT AND AGREEMENT SOUTH BORDER W A TERMAIN EXTENSION PROJECT 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 27980 Smithtown Road 27990 Smithtown Road. 27968 Smithtown Road . 2. They have petitioned the City to construct the following public improvement ("Improvement") along and within such properties: . To extend watermain along or through said properties to bring municipal water service within close proximity to the existing structures located on said properties, 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 will 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 calI for bids on the Improvement. The preparation of plans and specifications will ordinarily provide further information regarding the cost of the Improvement. 5. Not later than the time the petition is considered for acceptance by the 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 the earlier of the date the petition is scheduled for consideration of the City Council or 45 days from the date the petition was filed. ATTACHMENT 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 council is scheduled to consider directing the 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 described 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. William R. Rummler 27970 Smithtown Road Date William Gotschall 27980 Smithtown Road Date Frank Fox 27990 Smithtown Road Date William Pye 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 rights 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: /~Uti 1...:) 19Cfi 1 -...1' HENNEPIN PARKS Memorandum August 13, 1997 TO: Southwest Regional LRT Trail Corridor Advisory Committee Members FROM: I Karen Bowen, Director of Operations If Hennepin Parks J 12615 County Road 9 Plymouth, MN 55359 SUBJ: 1997-98 Winter Trail Activities Permit Enclosed is a copy of the 1997-98 permit for winter use along segments of the Southwest Regional LRT Trail Corridor adjacent to your community. Permitted activities are determined by individual communities, contingent upon approval from the Hennepin Parks Board of Commissioners. Please note that permit requests should be submitted to me by September 15, and include verification of formal City Council action approving the proposed activities (a copy of appropriate meeting minutes) and a Certificate of Insurance, specifying Hennepin Parks as an additional named insured. Please include proposed rules and regulations for winter use, a~ well. IF YOUR COMMUNITY DOES NOT PLAN TO AUTHORIZE ANY WINTER TRAIL ACTIVITIES, PLEASE SO INDICATE (NONE) ON THE PERMIT FORM AND RETURN IT TO ME, SO THAT THE TRAIL CAN BE SIGNED AS CLOSED, BY ORDER OF YOUR CITY COUNCIL. Thank you very much. c: Doug Bryant, Superintendent City Mayors Hennepin Parks LRT Advisory Committee Members ohl/lrt\wnterprmt.2 - . ~. 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 Hunn, City Administrator . J" / O~V// Larry Brown, Director of Public Works '&jY .' September 4, 1997 . . FROM: DATE: RE: Consideration of a Motion Re-Authorizing Safety Improvements at the Southeast Quadrant of Smithtown Road and Eureka Road South At the August 25th City Council meeting, an update was provided with regard to the improvements being suggested for the southeast quadrant of Eureka Road South and Smithtown Road. At that time, staff was directed to return to the City Council after additional information could be obtained regarding the issue of encroachment onto the property of 5705 Eureka Road owned by Mr. David Stubstad. . Attachment 2 is a memorandum from the City Attorney's Office which states that under State Statute 160.05 the City already has right to an easement corresponding to the edge of pavement and space required to maintain said surface. To clear matters up, it is recommended that this item be considered as two separate issues. Mr. Stubstad has in fact sustained damage to an already deteriorated wall as part of the Smithtown Road Watermain project. In the absence of the retaining wall, the property owner has stated that the slope is too steep to maintain. The second issue is with regard to encroachment of the roadway onto the property of 5705 Eureka Road. Attachment 2 from the City Attorney's Office states that the City has an easement as a minimum, to the width of the traveled surface. Therefore, the City does not need to obtain a separate easement for this purpose. From a purely technical standpoint, this resolves the issue of encroachment. The first issue of the retaining wall can be resolved by the placement of a bituminous curb as discussed previously, and regarding of the side-slope to match the curb, providing that the property owner grants a temporary construction easement to allow such shaping of the boulevard area. A Residential Community on Lake Minnetonka's South Shore .....1-0.. -r-r ......... Mayor and City Council Southeast Quadrant of Smithtown Road and Eureka Road September 4, 1997 Page 2 of2 As far as the location of the curb, it has been discussed that narrowing up the radius of the intersection as originally suggested to reduce the alleged encroachment, would be forfeiture of an easement which the City has today. On a side note, the City has been receiving several comments regarding how narrow Eureka Road is. With the addition of a potential Senior Housing project, and potential of Trunk Highway 7 closures, will the City ever need to widen Eureka Road? If that is the case, should the City forfeit an existing roadway easement that is currently in possession. . Therefore, from a purely technical viewpoint, the curb should be placed at the edge of the existing pavement as it currently exists. The slope would be re-graded to match into the new curb. This would decrease the slope which is objectionable to Mr. Stubstad. The original authorization was for the expenditure not to exceed $3,000 to place the curb, re-grade the yard, and re-sod the boulevard area. If acceptable, staff is requesting re-authorization to proceed with placement of the curb at the existing edge of pavement. . 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.net/shorewood. cityhall@shorewood.state.net MEMORANDUM TO: Mayor and City Council James Hurm, City Administrator . FROM: Larry Brown, Director of Public Works p DATE: August 22, 1997 RE: Status Update for the Improvements to the S.W. Quadrant of Eureka Road South and Smithtown Road. During the August 11th City Council meeting, the improvements to the subject intersection were reconsidered and tabled until further information could be obtained regarding the width and safety requirements necessary for this intersection. . The property owner at this intersection is Mr. David Stubstad at 5705 Eureka Road. After viewing the City Council meeting on a taped delay, Mr. Stubstad requested a meeting on site with Mayor Dahlberg, Councilmember O'Neill, and the City Engineer to discuss possible alternatives. A meeting was conducted on Wednesday, August 20th with the individuals mentioned above. During that meeting, a compromise was discussed to where the curb could be placed to provide adequate room for traffic movements, while providing adequate room to re-grade the boulevard area to avoid steep slopes or retaining walls. The original motion made during the May 7th, 1997 City Council meeting authorized the expenditure of $3,000 for this improvement. The adjustments discussed in the field on August 20th will still be within the $3,000dollars authorized, if the City Council desires to move ahead with this project. During this meeting, it was also discussed that the street does encroach onto the property comer. Mr. Stubstad is requesting compensation for the encroachment in exchange for an easement for the encroachment. There are several questions that need to be addressed before moving ahead with such an easement if the City Council desires. The first of which is if there is an encroachment, how much area is involved, and what is the fair market value of any easement to be obtained. These items will undoubtedly be discussed at Monday night's City Council meeting. A Residential Community on Lake Minnetonka's South Shore ATTACHlVIENT 1 at). .. , "- "'t). '0 ~ '\~. 0) ~ . . 0- "- '" "- EB 9) '" "- 1:-,1"1.,.. a <0 7fl\ . I"l; 1"1.,. . ~\C) 1"1.,.. "- 1 I- I I '" la Ii) 1"-1. Ul / I I I I I I :0 I : t).~ ~' ~ ~~-f <C I 11"1.,.t). 0)"- f ~ -+- I W I I CL ~ I lA:J I <0' 10)'\ -~ - - - - ~~ -- . '" '" c Ii) I I I i I I I I *- EDG.E PAI.I'EM.E"-iT I 1[' I. . RIGHT OF w.Ad I EUR"E.K.G. R. ~ I I : ~~ , i '\ Co'. i~ A N ~ 6M ITf-lTO\LI"j cr . 10 5 0 to 20 1 FEE.f '..- , IN SCAl.E v)<)(~ ARt:A. OF p~ '-1~'\.\,.,,=_,...r- Attachment K~:J\~ D'/i.....i_ Kennedy ~ 470 Pillsbury Cemcr 200 South Silah Street Miml~lls MN 55402 (612) 337-9300 cdephone (612) 537-9310 &x e-mail: ~edy-pven-com e H ART E R ~ 0 COlUIDlE H. THOMSON AttJ)tDIf'f at u,w Diro<:1 Dial (61Z) 337-9217 MEMORANDUM . RE: Larry Brown Corrine Thomson ~ August 28, 1997 Eureka Road Right-of-Way / 5705 Eureka Road Our File No. SH230- 2 TO: FROM: DATE: . This will confirm our conversation of today. In that conversation.. you indicated that a portion of Eureka Road is located within the lot lines of the propertY at 5705 Eureka Road. Preliminary investigation indicates that there is no recorded instrument that conveys an easement for Eureka Road over this property. However.! understand that Eureka Road has been open to public travel for more than 25 years. and that the City has repaired and maintained the road in its present localion for that same time period. Under these circumstances, the City has an easement for road purposes for Eweka Road. including the portion thereof that crosses the property at 5705 Euteka Road. Minnesota. StatuteS. Section 160.05, subdivision 1 provides, in relevant pan: When any road or portion of a road has been used and kept in repair and worked or at least six years continuously as a public highway by a road authority. it shall be deemed dedicated to the public to the width of the actual use and be and r~ until lawfully vacated, a public highway whether it has ever been established as public highway or not. ..- Pursuant to this statute. the City has a road easement for Eureka Road, the width of which is the same as the actual use of the roadway. Actual use includes not only use for public travel. but also use for snow storage. lateral support. etc. Because the City has previously acquired the easement through operation of law, the owner of the property at 5705 Eureka Road cannot require the City to purchase another easement for Eureka Road. The City has the right to make repairs and improvements within the right-of.way of Eureka Road as established by prior public use and maintenance. c....!11290S2 S:;230-2 c::/c:: 3::)'dd 01ESl.SSC::18'OI N3i\'<t~::) 'g ^03Nt ATTACHMENT -: >'\0 DEEPHAVEN EXCELSIOR INWOOD LONG LAKE MEDINA MINNETONKA BEACH MINNETRISTA ORONO .,FACIUS SHOREWOOD SPRING PARK TONKA BAY VICTORIA WOODLAND L~CC lAKE MINNETONKA COMMUNICATIONS COMMISSION 540 SECOND STREET · P.O. BOX 473 · EXCELSIOR, MN 55331-0473 612.474-5539. FAX 612. 474-0430 August 20,1997 Mayor Tom Dahlberg City Council Members City of Shorewood 5755 Country Club Drive Shorewood, MN 55331 Dear Mayor Dahlberg and Council Members: The Lake Minnetonka Communications Commission (LMCC) passed the enclosed budget figures for 1998, at its full LMCC meeting on August 19, 1997. It has become customary over the last few years, to schedule a timed item on your city council agenda and talk for a few minutes about the LMCC success and some current/future challenges. At that time, any questions you may have regarding the LMCC future plans or an explanation of any budget figures can be explained As always, we look forward to appearing before you, to talk about the achievements of your Lake Minnetonka Communications Commission. Sincerely, Lake Minnetonka Communications Commission O~j)~ ~~;s W. Daniels Administrator Enclosure cc T. Pattrin, LMCC Chair Jeffrey Foust, Commissioner i:J:;q f ..; 'i. LAKE l\UNN.NKA COlVIMt .ICATIONS elVIlVlISSION PROPOSED 1998 BlJDGET APPROVED BY Ll\1CC AlllJrOyed Proposed Change % Budget Budget Change fOl" 1997 for 1998 INCOME Franchise Fees $147,283.28 $155,000.00 + $7716.72 Othcr 2,000.00 2,000.00 0.00 Triax-North Studio Interest 3,000.00 4,000.00 0.00 Contingcncy. Fund ** 14,560.00 (Only if needed) $153,283.28 $175,560.00 OPERA TlNG EXPENSES Administrator, Access & $81,100.00 $85,600.00 + $4,500.00 5% Office Starr . Secrctarial Service 800.00 825.00 + 25.00 3% Payroll Taxes/PERA 10,140.00 10,640.00 + 500.00 3% Travel Expenses 2,175.00 2,295.00 + 120.00 5% Health Insurance 5,400.00 5,670.00 + 270.00 5% Legal Fees 8,000.00 9,000.00 + 1,000.00 12% Insurance/Bonds 5,670.00 5,670.00 0.00 0% LMCC Accounting! 2,000.00 2,050.00 + 50.00 2% Annnal Review Conf., Schools & 7,000.00 7,200.00 + 200.00 3% Conventions Office/Studio Supply Janitor 4,000.00 4,000.00 0.00 0% Serv/Supply Membership Dues/ 1,500.00 1,500.00 0.00 0% Subscriptions .. At this time income can only be estimated. It has never been necessary to withdraw funds from the contingency account to cover expenses, but this shows a balanced budget for 1998. DESCRIPTION =:> Payroll for Admin., Prod. Coord., Studio Coord., PT Prod. Asst.'s & Admin. Asst. =:> Payroll Services =:> PERA & cmployer w/holding contribution =:> LMCC visibility at all cities, MACT A , North Studio & errands =:> Aml. attributed to employee health ins. =:> Rate reg./franchise renewaVlegal counsel =:> Workers Comp., Dishonesty Bond, Property Liability =:> Bookkecping & almual audit =:> NATOA, MACTA, NFLCP =:> Normal office/studio supplics, copy machine agrce- ment @ $30/mo. & janitor service and supplies =:> NA TOA, MACT A, magazines and 4 local Chambers of Commerce \.GE 2 LAKE MINNETONKA COMl\tIUNICATIONS COMMISSION PROPOSED 1998 BUDGET - CONTINUED Apllrm.ed Proposed Change % Budget Budget Change for 1997 for 1998 OPERATING EXPENSES (continued) Tclephone/Voice $ 2,280.00 $ 2,330.00 + $50.00 2% Mail PostagcIPO Box 1,450.00 1,480.00 + 30.00 2% Miscellaneous 1,000.00 1,000.00 0.00 0% AdvertisinglPromo 4,200.00 4,200.00 0.00 0% Four Quarterly NewslcUers Office Equipment 0.00 0.00 0.00 0% Office Rent 5,000.00 5,000.00 0.00 0% Equipment Maint. 1,700.00 1,700.00 0.00 0% & Repair Sales Tax 1.500.00 1.000.00 ( -500.(0) - OPERATING EXPENSES $144,915.00 $151,160.00 $ 6,745.00 4.4% SUB-TOTAL DESCRIPTION =:> Monthly charges/answering service =:> LMCC agendas/correspondence, & PO Box Rental =:> Varies =:> Four quarterly newsletters to all interested cities, direct mail promos, Triax bill stuITers & Annual Ch. 21 Awards =:> Office Rent & Bank Box =:> Increased hours on equipment will create need for repair =:> Based on 6.5% of taxable purchases i . . . AGE 3 . LAKE MINNETONKA COMMUNICATIONS COl\tlMISSION PROPOSED 1998 BUDGET - CONTINUED \ AplJrOved Proposed Change % Budget Budget Change for 1997 for 1998 SPECIAL FUNI)S Capital Funds $ 0.00 $ 0.00 $ 0.00 0% Franchise Renewal 1,000.00 1,500.00 + 500.00 50% Fund Tnpc Stock 300.00 300.00 0.00 0%, TechnicallFinancial 2,500.00 2,500.00 0.00 0% Rate Audit Studio Equipment 2,500.00 2,500.00 0.00 0% LegnlFund 100.00 100.00 0.00 0% Office Equipment 1,500.00 1,000.00 ( -500.00) - Access Equipment 5,000.00 5,000.00 0.00 0% AccesslDevelopment 11,000.00 11,000.00 0.00 0% Contingency 708.28 0.00 (-708.28) - Sales Tax 300.00 500.00 + 200.00 66% SPECIAL FUNDS SUB-TOTAL $ 24,908.28 $ 24,400.00 (-508.28) - OPERATING FUNDS SUB-TOTAL $144,915.00 $151,160.00 $6,745.00 4.4% GRAND TOTAL $169,823.28 $175,560.00 + $5,736.72 3.2% DESCRIPTION => Expenses involved in "Future" Needs Assessment and Renewal => Rcplaccmcnt of videotape for production => Future audit if needed => Replace equipment / Purchase North Studio => Future unforeseen legal expenses => Replace / purehase new office equipment => Cameras, porta-pack, misc. for another city council meeting => Coverage of8 city council mtgs., film development and DeWolf Audio => Based on 6.5% of taxable purchases Budget98.pub 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.neUshorewood . cityhaU@shorewood.state.net MEMORANDUM TO: Mayor and City Council James Hurm, City Administrator . FROM: Larry Brown, Director of Public Works DATE: September 4, 1997 RE: Consideration of A motion to Adopt a resolution Regarding the Minnehaha Creek Watershed District Attachment 1 is a draft resolution as prepared by the Steering Committee for Cities of the Minnehaha Creek Watershed District. The committee has requested that each municipality within the district consider this resolution. . Attachment 2 is a final draft of a resolution for the City Council's Consideration, as drafted in principal by the Steering Committee for Cities of the Minnehaha Creek Watershed District, This resolution under consideration has been modified to delete items from the original draft supplied which the City of Shorewood does not have accurate information to substantiate the specific items of the resolution, A Residential Community on Lake Minnetonka's South Shore #/0 DATE: August 22, 1997 TO: Cities of the Minnehaha Creek Watershed District FROM: Steering Committee for Cities of the Minnehaha Creek Watershed District SUBJECT: Resolution for consideration by Cities in the District At the August 19, 1997 meeting, the Steering Committee for the Cities of the Minnehaha Creek Watershed District approved the enclosed model resolution for distribution to the cities. The Steering Committee requests that the cities in the District consider approval of the resolution or one modified as needed. Copies of the approved resolution should be fowarded to the Committee recorder: Mike Eastling, Public Works Director, City of Richfield, 6700 Portland Avenue South, Richfield, MN, 55423. The Steering CommittBe plans to present the resolutions to Hennepin County in October so please forward your resolution by September 30, 1997. Please call one of the Steering Committee members if you have any . questions or the time schedule cannot be met. Also enclosed are the meeting notes from the August 19, 1997 second meeting of the Steering Committee and agenda for the September 4, 1997 meeting. Sincerely, STEERING COMMITTEE FOR CITIES OF THE MINNEHAHA CREEK WATERSHED DISTRICT: Howard Bennis, Mayor Deephaven Phil Zietlow, Councilmember Medina . Terry Schwalbe, Project Coordinator Wayzata Ed Shukle, City Manager Mound Mike Eastling, Public Works Director Richfield Fred Richards, Former Mayor Edina MJE:sdr Enclosures A TTA CHIHENT 1 . . CITY OF COUNTY OF STATE OF MINNESOTA DRAFT RESOLUTION NO. RESOLUTION REQUESTING COUNTY ASSISTANCE IN THE OVERSIGHT OF THE MINNEHAHA CREEK WATERSHED DISTRICT WHEREAS, the City of lies [partly] within the boundaries of the Minnehaha Creek Watershed District (MCWD); and Vv'HEREAS, the City has significant concerns that the MCVlD has not demonstrated good governance in the conduct of its statutory responsibilities; and WHEREAS, such concerns relate to such matters as: a lack of intergovernmental comity and cooperation; a failure to give timely, responsive, and reasonable consideration to public and private project applications; an apparent unwillingness to give fair consideration to alternatives for funding MCWD projects; the absence of sound, accurate and thorough budgeting; a lack of consistency in dealing with municipalities within the district; a failure to recognize limitations on legal authority of the District and to appreciate and accommodate local concerns; unreasonable restrictions on minor developments, redevelopments and public improvements; a failure to utilize professional staff effectively; excessive expenditure of public funds for administration, per diem, consultants and travel expenses; inflexible application and unreasonable interpretation of District rules; and the failure to evaluate fully the cost effectiveness of storm water management and water quality improvements and structural and nonstructural alternatives to such improvements; and WHEREAS, the actions of the District have resulted in: an unnecessary duplication of effort among political subdivisions; unnecessary delays and increased costs of development and redevelopment projects and public improvements; an extraordinary commitment of public money and staff resources in dealing with the District; an excessive tax burden on the citizens of the city; deiayed provision of needed public facilities; and a declining confidence in the governance of the affairs of the District; and WHEREAS, a number of the cities within the MCWD also lie within other watershed districts or participate in joint powers watershed management organizations where they have not experienced similar problems; and WHEREAS, the City has no means of exercising control over the affairs of the MC\VD for the benefit of the City and its citizens, and lacks the resources to monitor, oversee, and negotiate with the District independently; C".wL128240 RC160-4 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of that: 1. The Hennepin County Board of Commissioners is hereby requested to undertake a thorough investigation of the activities of the MCWD, to monitor and oversee the ongoing activities of the District, to facilitate dialog between the District and affected municipalities, to consider diligently the cost effectiveness of capital projects proposed by the District and structural and nonstructural alternatives to such projects prior to approval thereof, and to take such other actions as the County deems appropriate to ensure the accountability of the District and address concerns described above. 2. City staff is directed to explore with other cities in the watershed district joint and cooperative efforts to monitor and oversee the activities of the MCWD, in cooperation with Hennepin County. Adopted by the City Council of the City of the _ day of ,1997. . Mayor [ Manager] ATTEST: City Clerk . CLL128240 RC160-4 '- CITY OF SHOREWOOD RESOLUTION NO. 97- RESOLUTION REQUESTING COUNTY ASSISTANCE IN THE OVERSIGHT OF THE lVlINNEHAHA CREEK WATERSHED DISTRICT WHEREAS, the City of Shorewood lies partly within the boundaries of the Minnehaha Creek Watershed District (MCWD); and WHEREAS. the City has significant concerns that the MCWD has not demonstrated good governance in the conduct of its satutory responsibilities; and . WHEREAS, such concerns related to such matters as: a lack of intergovernmental comity and cooperation; a lack of consistency in dealing with municipalities within the district; a failure to recognize limitations on legal authority of the District and to appreciate and accommodate local concerns; unreasonable restrictions on minor developments, redevelopments and public improvements; inflexible application and interpretation of District rules; and the failure to evaluate fully the cost effectiveness of storm water management and water quality improvements and structural and nonstructural alternatives to such improvements; and WHEREAS, the actions of the District have resulted in: an unnecessary duplication of effort among political subdivisions; increased costs of development, redevelopment projects and public improvements; an extraordinary commitment of public money and staff resources in dealing with the District; an excessive tax burden on the citizens of the city; delayed provision of needed public facilities; and a declining confidence in the governance of the affairs of the District; and . WHEREAS, a number of the cities within the MCWD also lie within other watershed districts or participate in joint powers watershed management organizations where they have not experienced similar problems; and WHEREAS, the City has no means of exercising control over the affairs of the MCWD for the benefit of the City and its citizens, and lacks the resources to monitor, oversee, and negotiate with the District independently. . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood that: 1. The Hennepin County Board of Commissioners is hereby requested to undertake a thorough investigation of the activities of the MCWD, to monitor and oversee the ongoing activities of the District, to facilitate dialog between the District and affected municipalities, to consider diligently the cost effectiveness of capital projects proposed by the District and structural and nonstructural alternatives to such projects prior to approval thereof, and to take such other actions as the County deems appropriate to ensure the accountability of the District and address concerns described above. A. TTA CHl'Y!I::"rr: Resolution No. 97- Page 2 of 2 2. City staff is directed to explore with other cities in the watershed district joint and cooperative efforts to monitor and oversee the activities of the MCWD, in cooperation with Hennepin County. ADOPTED by the City Council of the City of Shorewood the 8th day of September, 1997 ATTEST: TOM DAHLBERG, MAYOR JAMES C. HURM, CITY ADMINISTRATOR ... . . . . CITY OF SHOREWOOD RESOLUTION NO. 97- A RESOLUTION SETTING THE 1998 PROPOSED GENERAL FUND BUDGET AND THE PRELIMINARY 1997 PROPERTY TAX LEVY COLLECTIBLE IN 1998 WHEREAS, the City staff has presented to the City Council the proposed 1998 General Fund Budget and the 1997 property tax levy collectible in 1998; and, WHEREAS, the City Council has met to review the proposed budget and property tax levy; and, WHEREAS, the City Council must approve and certify its proposed 1998 budget and preliminary property tax levy for 1997, collectible in 1998, to the County Auditor by September 15 of each year. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood that: 1. The 1998 Proposed General Fund budget is hereby set at $2,758,893.00. 2. The following sums be levied for 1997, collectible in 1998, upon taxable property in the City of Shorewood for the following purposes: Gross Levy - General Fund Less: HACA Net Levy - General Fund $2,204,314.00 ( 421,496.00) $1,782,818.00 3. That the City Administrator/Clerk is hereby instructed to transmit a certified copy of this resolution to the County Auditor of Hennepin County, Minnesota. ADOPTED by the City Council of the City of Shorewood this 8th day of September, 1997. Tom Dahlberg, Mayor A TrEST: James C. Hurm, City Administrator/Clerk ~/( . ' December 1997 Wednesday Thursday 31 4 I NOT AVAILABLE FOR I HEARING I i I I I i I I I , I I I I AI Q' 1 ()I Ii NOT AVAILABLE FO~ NOT AVAILABLE FO~ NOT AVAILABLE FO~ I HEARING HEARING HEARING 17:30p Regular City 7:30p Park . Council meeting Commission meeting I I I Monday I 1 I NOT AVAILABLE FOR I HEARING ! i Tuesday Friday 21 NOT AVAILABLE FOR HEARING 7:00p Planning Commission meetine 5 I I 111 121 I I I I 1 I 151 1~' I NOT AVAILABLE FO)!( I HEARING 17:OOp Planning I Commission meetine I I I I I I , I I '30PRegUlarCif21 231 I Council meeting I I I I 1 I I ! 171 1A I NOT AVAILABLE FO~ HEARING I I I I I I I 241 19 I I ! 251 I I I I i I 1 I I 261 29 30 31 CITY OF SHOREWOOD RESOLUTION NO. 97- A RESOLUTION SETTING TRUTH IN TAXATION PUBLIC HEARINGS ON THE PROPOSED 1998 BUDGETS AND THE 1997 PROPERTY TAX LEVY COLLECTIBLE IN 1998 WHEREAS, Minnesota State Law requires local governments to hold public hearings on their proposed budgets and property tax levies, and to publish notice of said public hearing to achieve truth in taxation, and, WHEREAS, the Minnesota Department of Revenue has issued guidelines for local governments to follow in implementing truth in taxation requirements, and, WHEREAS, it is the intention of the City Council to comply with such guidelines, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood that a public hearing on the proposed 1998 Municipal Budgets and the property . tax levy for 1997, collectible in 1998, be held on Wednesday, December 3, 1997, at 7:30 p.m., or as soon thereafter as possible, and a continuation hearing, if necessary be held on Thursday, December 11, 1997, at 7 :30 p.m., at the City Hall, and that notice of such public hearing shall be published in accordance with Minnesota State Law and guidelines set forth by the Minnesota Department of Revenue. ADOPTED by the City Council of the City of Shorewood this 8th day of September, 1997. ATTEST: TOM DAHLBERG, MAYOR . JAMES C. HURM, CITY ADMINISTRATOR Memorandum DATE: August 22, 1997 TO: Jim Hurm FROM: Pamela RE: Shoreline Feedback- message left 8/22/97 cc: Park Commission . Hello, this is Rob Sotirin of Shady Island, 5040 Shady Island Point. Phone Number is 474-0412 and I'm Calling regarding community feedback on trails. The Park Commission apparently had met with the trail planners to discuss the Shorewood Trail Plan. At a recent meeting of the Shady Island Homeowners Assoc on the Island we discussed that, shelters and the need for a trail to promote safe walking on Enchanted Drive and possibly around Shady Island perimeter because of short sight distances and a lot of pedestrian traffic. We're interested in talking to somebody about that if anybody can give me a call back, evenings at 474-0412. We are interested in gathering information about what might be available in terms of trail development in that area. Thanks Call on the Shoreline the weekend of August 30, 1997. . . . Yes I am calling because of the trails. . it says "what process should the city utilities to reevaluate the trails," one thing they should do is to make sure there are some kind of lights across these trails. . .people are getting very close to vehicles when they are crossing.. . I have seen people almost get rear ended, and I know that the law states that you are supposed to stop for any pedestrians, and a lot of people are not stopping and I think that they are not, the cross walks where they are crossing should be a little more lit. Thank you. Message Left on the Shoreline on September 2, 1997. . . Hello, my name is Tony Brausen and I live at 5955 Ridge Road in Shorewood. I just wanted to leave a message and say two things: fIrst I really appreciate this message service. It is real useful to be able to call and let you folks know what's on our minds and again I really appreciate that; and secondly regarding park improvements, there was something in the last report regarding park improvements planned for the next 5 years or regarding getting input for that. We have used the Silverwood Park quite a bit, probably on average 2 to 3 times a week. We live right near that park, and really enjoy that park. The only signifIcant improvement I can think of is the open fIeld part, the grass is not growing really well right now, and it is not really useful right now because it is usually really muddy or bumpy. So anything that you can do to level that off and make it more useful would be appreciated. Everything else about that park is great and we use it often. Thank you very much for allowing the input. Bye. ~t3B \. ., //J.~ J ... /\ i .... \. / / / To: Mayor and City Council James C. Hurm, City Administrator Teri Naab, Executive Secretary / Deputy Clerk From: Date: September 4, 1997 Schedule of City Council Meetings on Cable TV Re: . Jerry O'Neill has asked that Council meetings be broadcast on cable television at a regular time or schedules be published in newsletters to make it easier for the viewing public. Mr. Daniels, Director of the Lake Minnetonka Communications Commission, has explained to us that they broadcast eight different Council meetings. Due to the limited number of "prime time" spots and the varying length, all meetings are aired on a rotating basis. He stated this has always been the policy and will continue to be in the future. He did note that meetings are aired at least two times and sometimes even three following the meeting. Air times are listed on Channel 8 or residents are welcome to call him for specifIc viewing schedules. Mr. Daniels also stated he would be happy to send us a schedule each month as soon as it is available. If we receive it in time, it can be published in the upcoming newsletter edition. . ~!3c.. . CKNO 21422 21423 21424 21425 21426 21427 21428 21429 21430 21431 21432 21433 21434 21435 21436 21437 21438 21439 21440 21441 21442 21443 21444 21445 21446 21447 21448 21449 21450 21451 21452 21453 21454 21455 21456 21457 21458 21459 21460 21461 21462 . CHECK APPROVAL LISTING FOR SEPTEMBER 8, 1997 COUNCIL MEETING CHECKS ISSUED SINCE AUGUST 25, 1997 TO WHOM ISSUED PURFCSE US POSTMASTER SEPT. NEWSLETTER POSTAGE AMER. SOC. FOR PUBLIC ADM. MEMBERSHIP FEE-HURM GOVERNMENT TRAINING SVC BLDG. CODE SEMINAR-PAZANDAK METRO COUNCIL ENVIRONMENT JULY SEWER SAC AT&T WIRELESS AIRTIME MN STATE TREASURER 2ND QTR BLDG. PERMIT SURCHARGE NORTHERN STATES POWER UTILITIES PETTY CASH PETTY CASH REIMB. US WEST COMMUNICATIONs/ADVERTISING QUALITY WINE & SPIRITS L1QUORtWINE PEPA SEPT. PERA LIFE INSURANCE MEDICA SEPT. HEALTH INSURANCE HEALTH PARTNERS SEPT. HEALTH INSURANCE LEAGUE OF MN CITIES SEPT. DENTAL INSURANCE MINNESOTA MUTUAL LIFE SEPT. SIT DISABILITY UNUM LIFE INSURANCE CO. SEPT. LIFE INSURANCE AFSCME COUNCIL 14 SEPT. DELTA DENTAL DREW KRIESEL AUGUST JANITORIAL CITY OF TONKA BAY SEPT. RENT-TB LIQUOR GRIFFIN COMPANIES SEPT. RENT-L1Q I TOWLE REAL ESTATE CO. SEPT. RENT-L1Q II PEPA PEPA ICMA RETIREMENT TRUST 457 DEFERREDOOMP CITY COUNTY CREDIT UNION PAYROLL DEDUCTIONS ANOKA CO SUPPORT/COLLECT CHILD SUPPORT -C. SCHMID AFSCME COUNCIL 14 SEPTEMBER UNION DUES MN DEPT OF REVENUE STATE TAX WITHHELD . KATHLEEN HEBERT SEC 125 REIMB BRADLEY NIELSEN SEC 125 REIMB NORTHERN STATES POWER UTILITIES JOSEPH PAZANDAK MILEAGE WASTE MANAGEMENT WASTE REMOVAL DON CHRISTENSEN ESCROW REFUND DONNER CONSTRUCTION PERMIT REFUND BELLBOY CORP. L1QUOR/MISC PURCHASES BELLBOY BAR SUPPLY MISC PURCHASESlSUPPUES DAHLHEIMER DIST. BEER PURCHASES GRIGGS, COOPER & CO. L1QUORtWINE/MISC PURCHASES JOHNSON BROS. LIQUOR CO. UQUORtWINE PURCHASES LAKE REGION VENDING MISC PURCHASES MARLIN'S TRUCKING L1QUORtWINE FREIGHT Page 1 AMOUNT $557.85 80.00 30.00 4,702.50 152.98 1,395.18 590.19 26.37 587.87 352.45 45.00 4,862.60 2,912.51 562.76 90.00 85.90 224.00 230.00 1,000.00 6,901.00 3,358.79 2,444.65 1,508.36 929.00 156.50 145.25 1,293.84 240.00 100.00 1,828.46 78.31 115.30 1,650.00 20.50 4,355.93 177.67 844.40 3,829.02 3,365.68 1,257.89 247.20 . . CKNO 21463 21464 21465 21466 CHECK APPROVAL LISTING FOR SEPTEMBER 8, 1997 COUNCIL MEETING CHECKS ISSUED SINCE AUGUST 25, 1997 TO WHOM ISSUED PAUSTlS WINE COMPANY PHILLIPS WINE & SPIRITS QUALITY WINE & SPIRITS THE WINE COMPANY PURFCSE WINE PURCHASES UQUORtWINE PURCHASES LIQUOR PURCHASES WINE PURCHASES TOTAL CHECKS ISSUED Page 2 AMOUNT $309.95 3,058.01 241.83 260.05 CITY OF SHOREWOOD CHECK APPROVAL LIST FOR SEPT. 8, 1997 COUNCIL MTG CHECK~ VENDOR NAME DESCRIPTION DEPT. AMOUNT 21467 CHECKPOINT SECURITY SYS FIRE SYSTEM MAINT CITY GAR 35.00 21468 BEST LOCKING SYSTEMS OF M LOCKSjKEYS-SR CTR 21469 BORDER BOOKSTORE BOOK - I N T EW."E T GEN GOVT 21470 BOYER TRUCK PARTS EQUIP MAINT CITY GAR 21471 BRYAN ROCK PRODUCTS, INC. ROCK-SR CTR ROCK *** TOTAL FOR BRYAN ROCK PRODUCTS, lnq ."q ~ ~ . -:;. , 35..96 '")? 7~ ..:-....:.._.. f ...;;;t STREETS 512.43 6/3./3 161.3() 214/2 BSN SPORTS VOLLEYBALL NET PARKS & 21473 CONCRETE SLAB LIF-rING OF .4/4 Cf~()SS T ()I,^,iN.-OCS , I NC . RAISE SLABS-BLDR BRIDGE -------- COFFEE SUPPLIES MUN SLOG 21475 DEPT OF LABOR & INDUSTRY EXEMPTION INV-AIR TANK II-,IATER DE 21476 E-Z RECYCLING INC. AUGUST RECYCLING RECYCLIN 214/7 FINA FLEET fUELING fUEL CITY GAR 21478 FIRSTf~R BOND FEES It'iATER DE 21479 FRONTIER ELECTRIC ELECTRICAL WK-BADGER PK PARKS & 21480 HOPKINS PARTS COMPANY EQUIP MAINT CITY GAR 21481 J & R RADIATOR CORP. .4b~Z KENr'.iEDY & Gf':f~VEN EQUIP REPAlf~ CITY GAR JULY GENERAL LEGAL SLDR BADGER JULY LEGAL JULY LEGAL REBILL JULY LEGAL REBILL JULY LEGAL-SR CTR F OR KENNEDY & GRf'lVEN PROF SER PROJECTS *** TOTAL 8,323..26 21483 KAR PRODUCTS SHOP SUPPLIES CITY GAR 21484 LONG LAKE POWER EQUIPMENT EQUIP MAINT CITY GAR 21485 MTI DISTRIBUTING COMPANY IRRIGATION REPAIR PARTS PARKS & 21486 MAC WAREHOUSE COMPUTER SOfTWARE j"Y!UN BLDG 38 ~ (J~:~ 1 , 8'~~0 . ()() 101,.9/ 5r', nn ~ Ie .oJ' OJ ~l., 24/ ... ()() 514.3S 143. ()O 6el(' .. ()() 1.;:. ,,--;: ......'0'" ..J....l- l8() M 2.::, 6 " 8(H3 _ 76 6:2.. 5() 181.92 595.68 674..40 /0.84 30.8/ .18.58 99.9:::. 2148/ MN SUN PUBLICATIONS SECRECTARY AD GEN GOVT 93.00 LEGAL AD -------- 81.00 LEGAL AD -------- 61.20 *** TOTAL FOR MN SUN PUBLICATIONS 235..20 21488 WM. MUELLER & SONS. INC. BLACKrop ;3TREETS Page 3 6..19J..9/ CITY OF SHOREWOOD CHECK APPROVAL LIST FOR SEPr. 8, 199/ COUNCIL MTG CHECK~ VENDOR NAME DESCRIPTION -------- --------.----------------- ---.--------------------- 21489 NORTH COUNTRY CONCRETE PATCH BLDR BRIDGE/SMITHT 21490 ORR"SCHELEN,MAYERON/ASSOC JULY ENG REBILL JUl.Y ENG f~:EbILL JUL Y GEj"'IEf~f~L ENG JUl.Y ENG-SR CTR JULY ENG-SHADY ISLAND BR JULY ENG-S/S ENG JULY ENG-EUREKA RD JULY ENG-SO LINK JULY ENG-SMITHTOWN 96 *** TOTAL FOR ORR,SCHELEN,MAYERON/ .. 1.1(;)1 POTTS, f<,ENNETf'1 N. L1492 SHORE WOOD TREE SERVICE VEHICLE FORFEITURE T F<f.:: E T F.: I j"unyl I NG 21493 SHOREWOOD TRUE VALUE IRRIGATION REPAIR 21494 TIME SAVER OFF SITE SEC COUNCIL MINU1ES Pf~RK i"UNUTES *** TOTAL FOR TIME SAVER OFF SITE 21495 TONKA BAY-CITY OF LIQUOR LIABILITY-TB LIQ pl",1 ;:}PRINf<,LER FEE *** TorAL FOR TONKA BAY-CITY OF 2,1496 TSP/EOS SR CTR ENG CONSUl.TING 21497 UPPER MIDWEST SALES CO. .498 1...lr~TEF.:PFW ENTRANCE MAT-SR CTR I..IATEF.~ i"IE TER DEPT .. f~li"10UN T 2., 6/.1(1 M ()() 543.94 ~2':::!/~." l:Z 25.5 M ()() 1,064.44 2,114.28 3~1'::r .. ()....) 85.00 ,:12 M 5() '/..:l6 .. ()() PROF SER 5,435..88 1.5/.50 Tf~:r::'E j"YIAI P(.-lI~KS & 1,20/8 M ()() 13.8.5 GEN GOVT 298.00 PARKS & 153.2'::' 4.51.2,:1 CITY GAf~ 2,060.00 3CfC' .. (J() :~ , 36() M C}() 366.49 I,^IA T EF-: DE REPAIR WATERMAIN-AMESBUR WATER DE 21499 WIDMER, INC. 21500 WSS AND ASSOCIATES CONST OBSERVATION-REBILL CONST OBSERVATION CONST OBSERVATION CONST OBSERVATION-BB CUR CONST OBSERVATION-FREEMA FOR WSB AND ASSOCIATES :.IClC* TOTAL 21S111 ZEP i"IANUFflCTURING CLEANING SUPPLIES **::lC TOTAL CHECKS FOR APPROVAL :.lC::<<::lC TOTAL CHECK APPROVAL LIST Page 4 STREET;::; 418.96 .~ (,:i...". ..~ t~ -..:J , ~ .. ,') " 2., :.~19.. ()(J 6 ~ ~542 .. Set .4)'9... O/.S 1/6./5 ~-:)8,:1... )' .~s 429.. 2.5 8,413.00 CI TY GAf~: 88..26 48,681.45 105,887.20 C H E C K f~ E G 1 S T E R CHECK CHECK Ei1PLOYEE NAME CHECK CHECK TYPE DATE NUi1SER NUI1BER AiYl0UN T COl-l 9 02 91 109 Efyll L Y G BASTYR 212152 18.01 COl1 S';J 02 9/ 110 CONNIE D. BASTYR 212153 225.40 COM 9 02 9l 115 LA\AJRENCE A. BRm'l'N 212154 1432.48 COl"l 9 0'" 9l 150 HEATHER A. SLECHTA 212155 36.0l '''':' COl"l 9 02 9l 325 ANGELA M. COLE 212156 20l.48 COM 9 02 91 500 CHARLES s. DAVIS 212151 772.59 COi"i 9 ()2 91 ll5 JAi"IES C. EAKINS 212J.58 l11 . 60 COl1 9 ()2 9l 119C' Kf~THLEEN A. HEBERT 212159 661. l3 COfYi <1 (J2 9l 1400 PATRICIA R. HELGESEN 212160 554.85 COf1 9 02 9/ 1550 JAMES C. HURi"i 212161 1748.30 COI"l 9 (J2 q'" 1601 BFHAN D. JAKEL 212162 48.31 , I COM 9 C'2 f~l 1 -;' {'II'"~ JEFFREY A. JENSEN 212163 900. 15 . -- con 9 02 q'" .18C"J DENNIS D. JOHNSON 212164 822.65 , I COi"l 9 02 91 1950 MARTIN L. JONES 212165 28.31 COi"l 9 02 q'" 21C..J If.!.ILLIAi"1 F. JOSEPHSON 212166 632.94 , I . COf1 9 C'2 9l 22C'(J JOSEPH s. KAGOL 212161 138.1l COi"l f~ " '") 9)' 2SC'() SUSAN i"i LATTERNER 212168 642.68 'J._ COI-l 9 Cl2 97 2550 PETER 1,-'1 . LENZEN 212169 154. 16 IYi f'; N :.~ C.2 9l 2 )' 6"J SARA E. LOTTIE 212149 231.01 COM 9 ()2 9l 2800 JOSEPH P. LUGOWSKI 2121'70 854.29 COI-l 9 02 97 2805 JASON R. LUND 212171 393.38 COfyl '..,,"4 02 9l 2'900 F-~USSELL R. MARRON 2121'72 44.45 COl"l 9 ()2 9l 2950 ANTHONY J MORFORD 212113 33)'.60 COi"l '9 (' "> 9? 3 C.CI() THEf~ESA L. NAAB 2121"14 601.58 ..)... COl"l 9 ()2 9'7 3100 LAI:',IRENCE A. N 1 CCUI1 2121'75 1124.40 COi"1 9 ()2 Q'" 3400 BRI-"lDLEY J. NIELSEN 212116 8'72.89 , I COfYl q ()2 9l 3500 JOSEPH E. PAZANOAK 21211'7 1085.65 COi"1 '9 ()2 9l 3580 CHRISTOPHER J. POUNDER 212118 lll.21 COf-l '~ 02 9~1 3600 DANIEL J. RANDALL 2121?9 88l .00 COi"l 9 Ce2 9l 3650 JASON J. RICE 212180 203.64 COI-l 9 (J2 '9 '7 3101 BRIAN fYl.. ROERICK 212181 88.04 COM 9 02 9? 3/50 SHANNON A.. ROIGER 212182 58. 'l8 . COfyl 9 (J2 q'" 3800 I';LAN J. ROLEK 212183 1142.03 , I cor-! 9 02 9'7 3815 M 1 CHr-"lEL J. RUFFENACH 212184 289.15 COM 9 02 9l ".q{',n CHRISTOPHER E. SCHfYl1 D 212185 448.44 :J"...,..., COi"! 9 02 9l 4515 REBECCA A. TARVIN 212186 83. 92 COl"l 9 02 9l 45'/ "I PAMELA J. HELLING 212181 209.06 COM 9 ()2 9l 4605 JUSTIN C WAKEFIELD 212188 190.34 COlyl 9 ()2 9l 4750 RI-"lLPH A. WEHLE 212189 680.l5 COi"l 9 02 91 4900 DEAN H. YOUNG 212190 35.3? *:lC:lC:lCTO TALS:lC:lC:lC:lC 2()3l6..l2 Page 5