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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:
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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
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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)
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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)
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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.
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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
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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.
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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.
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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.
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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.
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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
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(;) 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
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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
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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
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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
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I
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HEARING
7:00p Planning
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5
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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
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.
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