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032894 CC Reg AgP ..Ie ...~ CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, MARCH 28, 1994 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 PM Following the regular portion of the meeting, the City Council will adjourn to Work Session format. No action will be taken at this time. AGENDA 1. CONVENE CITY COUNCIL MEETING A. Pledge of Allegiance B. Roll Call Stover Daugherty Lewis Benson Mayor Brancel C. Review Agenda 2. APPROVAL OF MINUTES A - City Council Regular Meeting - March 14, 1994 (Att.- #2A Minutes) B - Amendment to the Council Minutes of February 14, 1994 (Att.-#2B - Proposed Minutes) 3. CONSENT AGENDA - Motion to approve items on Consent Agenda & adopt resolutions therein: A - A Motion to Approve a Contribution to the Hennepin County Fair (Att.-#3A Letter of Request) B - A Motion Authorizing the Preparation of Plans & Specifications for the Old Market Road Trail (Att.- #3B Proposed Resolution) C - A Motion to Adopt a Resolution Approving a Final Plat - Brynmawr Place (Att. -#3C Proposed Resolution) 4. RECONSIDERATION OF STREET LIGHTING ON LAWTONKA DRIVE 5. RESIDENT'S REQUEST TO ADDRESS SPECIFIC STABLE PERMIT (Att.-#5 Resident's Letter) 6. PUBLIC HEARING 7:30 P.M. - CONSIDERATION OF HORSE & PONY CODE/ZONING CODE AMENDMENTS - ELECTRIC FENCES ** A Motion to Adopt an Ordinance Amendment to City Code Chapters 702 and 1201 (Att.-#6 Proposed Ordinance) 7. PARK - Report by representative A - A Motion Approving silverwood & Freeman Park Plans & Specifications (Att.-#7A Proposed Plans & Planner's Letter of Agreement) .", '.... CITY COUNCIL AGENDA MARCH 28, 1994 Page 2 of 2 B - Review of Shorewood's Parks Foundation By-laws (Att.-#7B Proposed By-laws) ~ 8. PLANNING - Report by Representative 9. CONSIDERATION OF A REQUEST FOR A LETTER OR RESOLUTION ENDORSING THE APPLICATION FOR FEDERAL FUNDING FOR A PEDESTRIAN CROSSING OF TRUNK HIGHWAY 7 NEAR THE MINNETONKA HIGH SCHOOL (Att.-#9 Letter of Request) 10. MATTERS FROM THE FLOOR 11. DISCUSSION ON POLICY ISSUES 12. ADMINISTRATOR & STAFF REPORTS - Report by City Attorney on MWCC status 13 . MAYOR AND CITY COUNCIL REPORTS - 14. ADJOURN TO WORK SESSION SUBJECT TO APPROVAL OF CLAIMS - (Attachment) WORK SESSION (time permitting) ** 1. DISCUSSION ON CAPITAL IMPROVEMENT ISSUES A - Review of City Water Issue (Att.-#lA Planner's Memorandum) B street Improvements Special Assessments (Att.-#lB Engineer'S Memorandum) 2 . ADJOURN ** INDICATES TAX INCREASE OR FEE IMPLICATIONS ~ , I . . MAYOR Barb Brancel COUNCI L Kristi Stover Rob Daugherty Daniel Lewis Bruce Benson CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (612) 474-3236 EXECUTIVE SUMMARY SHOREWOOD CITY COUNCIL MEETING MONDAY, MARCH 28, 1994 AGENDA ITEM #2A: Please note that the February 14, 1994 minutes inadvertently omitted Item #3G from the consent calendar (motion approving the 1994-1995 AFSCME contract). Please move to amend the minutes to include this item. AGENDA ITEM #3A: This motion authorizes the annual contribution of $50 towards the Hennepin County Fair. The money has been budgeted. AGENDA ITEM #3B: This is a resolution approving an agreement for engineering services for the design of the trail along Old Market Road. The agreement is an hourly rate, not to exceed $8,000. AGENDA ITEM #3C: Brynmawr Place. This is a motion approving the final plat for AGENDA ITEM #4: Notices have been sent to area residents who may be interested in the reconsideration of a street light on Lawtonka Drive. AGENDA ITEM #5: We have received a specific request from Robert Whelan that he be allowed to address the City Council prior to the 7:30 p.m. public hearing on the horse and pony code amendment. AGENDA ITEM #6: This is the required public hearing to review changes to the horse and pony and zoning ordinance, as recommended by the Planning Commission. AGENDA ITEM #7: A representative of the Park Commission will be present to review proposed changes to-the Park capital Improvement Program. At their meeting held March 22nd, the Little League approached the Park Commission with a proposal for the installation of a batting cage. The Commission has recommended approval of the batting cage installation. A Residential Community on Lake Minnetonka's South Shore EXECUTIVE SUMMARY - COUNCIL MEETING MARCH 28, 1994 PAGE 2 OF 2 AGENDA ITEM #7A: Council approval specifications. asphalt trail. The Park Commission is recommending to the City of the Silverwood and Freeman Park plans and The Freeman Park portion is for the planned AGENDA ITEM #7B: As stated at the last meeting, the Commission will be reporting on the proposed Shorewood I s Foundation by-laws, which are included in the packet. The four pages should be of particular interest to the Council. Park Parks first AGENDA ITEM #9: Enclosed in the packet is an explanation of a request for a letter or resolution from the Council endorsing an application for Federal funding for a pedestrian crossing over Highway 7 near the Minnetonka High School. If time permits there is a work session scheduled at the end of the regular meeting to discuss City water issues and proposed special assessment ordinance. . . il.o-. . . ) CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY, MARCH 14, 1994 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING The meeting was called to order by Mayor Brancel at 7:00 p.m. A. Pledge of Allegiance B. Roll Call Present: Mayor Brancel; Council members Benson, Lewis and Stover; Administrator Hurm, Engineer Dresel, Attorney Keane, Planning Director Nielsen, and Financial Director Rolek. Absent: Councilmember Daugherty. c. Review Agenda Stover moved, Benson seconded to approve the agenda for March 14, 1994. Motion passed 4/0. 2. APPROVAL OF MINUTES City Council Regular Meeting and Executive Session Minutes - February 28, 1994 Lewis moved, Benson seconded to approve the Regular Council Meeting and Executive Session minutes of February 28, 1994. Motion passed 3/0. Stover abstained. 3. CONSENT AGENDA Mayor Brancel read the Consent Agenda for March 14, 1994. Stover moved, Lewis seconded to approve the Consent Agenda and to adopt the Resolutions and Motions therein: A. RESOLUTION NO. 94-28 "A Resolution Approving Subdivision of Real Property and Granting a Variance for Two Dwellings on One Lot for Matt Donahue." 5275 St. Albans Bay Road. B. RESOLUTION NO. 94-29 "A Resolution Approving a Single Temporary Gambling License." Sons of American Legion. ~;)f; { .....~~ REGULAR CITY COUNCIL MINUTES MARCH 14, 1994 - PAGE 2 C. Motion to Set Spring Clean-Up Day May 21,1994 and Approve Letters of Agreement with Woodlake Sanitation, BFI Tire Recyclers, and JR's Appliance Disposal Inc. D. Motion to Authorize the Liquor Committee to Purchase One or More Computerized Inventory Systems from Total Register Systems as Recommended and to Authorize the Committee to Negotiate Pre-lease Terms for the East Store. E. Motion to Approve an Agreement with Lake Restorations, Inc. for 1994 Inspection of Eurasion Water Milfoil-Christmas Lake. F. RESOLUTION NO. 94-30 "A Resolution Making Capital Budget Amendments." Motion passed 4/0. 4. PUBLIC HEARING 7:15 P.M. - YEAR XX (994) ALLOCATION AND YEAR XIX (993) REALLOCATION OF URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (CDGB) . A Motion to Adopt a Resolution Authorizing the Reallocation of 1993 CDBG Funds and Allocation of 1994 CDBG Funds Hurm explained that the City proposes to allocate the 1994 Urban Hennepin County CDBG of $17,403 as follows: $10,625 for Southshore Senior Center Operations and $6,778 for Handicap Accessibility for Park and Playgrounds. In addition, it is proposed that 1993 funds of $4,664 remaining from soil testing and survey work related to the proposed senior center site also be reallocated to Handicap Accessibility for Park and Playgrounds. Brancel opened the public hearing at 7:20 p.m. Ms. JoAnne Kvern, coordinator and director of the Southshore Senior Center, stated the . Center would appreciate the City's favorable consideration of the proposed funding for the Center. Brancel closed the public hearing at 7:22 p.m. Hurm indicated that Freeman and Manor Parks will receive funding for specific handicap accessibility. He noted that funds are not being proposed for the housing rehabilitation program since funds currently exist in the program and no properties have requested assistance. Hurm stated that it will be determined whether those existing funds are in jeopardy and noted the funds could be reallocated through a public hearing procedure. Stover moved, Benson seconded to adopt RESOLUTION NO. 94-31, "A Resolution Approving Projected Use of Funds for 1994 (Year XX) and Reallocation of Remaining 1994 (Year XIX) Funds of the Urban Hennepin County Community Development Block Grant Program." Motion passed 4/0. f& REGULAR CITY COUNCIL MINUTES MARCH 14, 1994 - PAGE 3 5. REPORT ON SENIOR HOUSING A Site Selection - Brad Nielsen Nielsen reviewed the study and analysis completed to date in response to the Council's direction to prepare a list of potential suitable senior housing sites. From all perspectives, it appears that only a handful of sites are suitable for senior housing in Shorewood. At the Planning Commission level, it has been determined that this issue should be addressed in the Comprehensive Plan; issues, a goal, and detailed objectives have been identified. Nielsen described various possible levels/options of city participation in senior housing that have been identified. B. Financing Options - Gary Fields, Springs ted, Inc. . Mr. Fields, vice president, Springsted, Inc., described financing tools which Shorewood could use to assist senior housing development through public sector investment. The presentation is detailed in the document "Presentation to the City of Shorewood-Facilitating Senior Housing Projects-March 14, 1994, distributed to the Councilmembers. Nielsen stated the Council and Planning Commission will have an opportunity to discuss the issue at a joint study session scheduled for April, 1994. 6. PARK - Report by Representative A Motion to Approve the Park Foundation Articles of Incorporation and Discussion on By- laws. . Park Commissioner Steve Dzurak explained that the articles of incorporation for the proposed Shorewood Park Foundation will establish the legal entity to allow the foundation to begin operations. He reviewed the purpose of the by-laws (which will be submitted for the Council's consideration at a later date) which include Articles outlining the role and authority of the City Council. The Park Commission requests the Council's approval of the articles of incorporation in order to file the required legal incorporation documents to establish the foundation. Dzurak responded to questions from the Councilmembers. He explained that the foundation shall have charitable and recreational purposes and operate so as to qualify for exemption from state and federal taxes including sales tax. The Councilmembers discussed the proposal for the Shorewood Park Foundation. Stover expressed support of the concept as a method for the City to receive donations and to finance park improvements other than through residents' taxes. Brancel explained that while the concept is admirable, she could not support it for Shorewood because it creates an additional governmental entity and the Council's control is likely to diminish. Lewis supported the concept and pointed out that the foundation would serve as a vehicle to .., REGULAR CITY COUNCIL MINUTES MARCH 14, 1994 - PAGE 4 receive donations, to make purchases and to manage funds for improvement of the existing parks, and that the by-laws contain appropriate language for the Council to control the operations of the foundation. Benson supported the concept and stated the foundation can serve as a bridge between the sports organizations, the Park Commission and the Council and open up beneficial dialogue among them. Lewis encouraged the foundation to formulate a broad-based structure with minor representation from sports organizations. Benson moved, Stover seconded to approve the Shorewood Park Foundation Articles of Incorporation as presented. Motion passed 3/1. Brancel voted nay. 7. PLANNING - Report by Representative Planning Commissioner Pisula reported on the actions taken and discussions of the Commission at its March 8, 1994 meeting/study session. 8. CONSIDERATION OF RESIDENTS' OBJECTION TO STREET LIGHTING ON LAWTONKA DRIVE . Mark Shafer, representing his parents, Donald W. and Jane Shafer, who reside at 23880 Smithtown Road, related their displeasure with installation of a street light at the Lawtonka cul-de-sac approved by the Council. He stated his parents, whose property will be adversely affected by the light, object because a need does not exist in terms of safety concerns since there is little traffic because it is not a through street, it will damage the aesthetics of the area, and since it is a zero crime area there is not a property concern. Shafer stated that his parents believe that after new residents have lived in the area for a time, they too will recognize the need to preserve the natural environment of the area. Martha Gabbert, also representing her parents, Mr. and Mrs. Shafer, reiterated the concerns expressed by Mark Shafer, and noted her parents have lived in the area for 50 years and . have good judgment of the needs of the area. She requested that the light not be installed and suggested that the issue could be re-considered in the future. She stated that although her parents were unable to attend the February 28 Council meeting, they had provided letters of objection to the Council before it considered and acted on the residents' petition for placement of the street light. Nielsen explained that installation of the street light was delayed to provide opportunity for the Council to hear the objections. Brancel pointed out that the timing of receipt of the Shafers' letters of objection was such that the Council was not able to take them into consideration during its deliberation of the request and explained that the Council may wish to act to re-consider its previous authorization. Lewis moved, Benson seconded to re-consider action taken by the Council on February 28, 1994, authorizing installation of a street light at the cul-de-sac on Lawtonka Drive. Motion passed 3/1. Brancel voted nay. ,. REGULAR CITY COUNCIL MINUTES MARCH 14, 1994 - PAGE 5 Lewis stated the Council did not have knowledge of any opposition to the petition of the residents and requested clarification of the type of lighting to be installed. Nielsen described the light which is a 100 watt sodium bulb mounted on a standard type fixture. He stated that while City policy does not allow for installation of decorative lighting, residents may request and pay for such a fixture including its maintenance. Nielsen explained that policy allows installation of a street light for traffic safety concerns only. . Stover inquired whether the policy provides that objections would preclude installation of the light. Nielsen stated the written policy provides specific criteria for street light locations and that objections are taken into consideration. The subject installation meets the required criteria. Stover objected to obtrusive lighting affecting surrounding neighbors. Lewis stated approval of the subject street light was not a deviation from policy and expressed concern regarding the objection based on it being obtrusive. He suggested that the Council re- consider the type of street light installation approved. Brancel suggested that a light similar to that installed at the Public Works facility that deflects the light be considered as a compromise to avoid the annoying nature of the light. She further suggested that the Shafers inspect the Public Works lighting to determine its acceptability as an alternative. Residents were encouraged to provide input regarding the street light installation. Stover moved, Benson seconded to table for two weeks to March 28, 1994 re-consideration of installation of a street light on Lawtonka Drive. Motion passed 4/0. 9. POLICY CONSIDERATIONS IN FINALIZING THE SUMP PUMP INSPECTION PROGRAM . Hurm directed the Council's attention to his memorandum dated March 10, 1994, and the lists of properties categorized as follows: 1) in noncompliance but requested extension; 2) rental housing units being inspected; 3) requesting extension due to absence; and 4) properties to receive surcharge for March. He stated that the program has been successful and over 2,200 properties have been inspected. The compliance cut-off date is March 15. Hurm explained contacts with the owners of the properties on list 4 include at least 3 communications and at least one stop at the premises. Hurm reviewed the policies recommended for administering the $100 monthly surcharge: A. City will not charge for the month of March and give extension for compliance to June 15 for those who are not in compliance for reasons such as frost, inadequate time for compliance or non-inspection due to absence from the property. A $100 per month surcharge will be added to the July utility bill of those not in compliance by June 15. B. Property may be exempted and given appropriate time for compliance at the direction of the City Attorney. C. Waiver of $100 charge on April bill - properties that prove compliance by June 15 shall be credited or refunded the $100 charge. D. Properties on lists 1, 2, and 3 not in compliance by June 15 will be charged $300 for the second quarter. If inspected and in compliance by September 15, $300 surcharge will be refunded or credited. Hurm answered Councilmembers' questions regarding the policies. It was pointed out that any non-compliant rental housing units which are currently being inspected will be given adequate time to comply as outlined under Policy D. <, REGULAR CI1Y COUNCIL MINUTES MARCH 14, 1994 - PAGE 6 Stover moved, Lewis seconded to accept and approve the recommended policies with respect to the administration of the sump pump inspection program. Motion passed 4/0. 10. REPORT ON OFFICE PERSONNEL RESTRUCTURING AND CONSIDERATION OF RELATED .JOB DESCRIPTIONS Hurm directed the Council's attention to his memorandum dated March 10, 1994 describing the restructuring of City office personnel and requested approval of related job descriptions. The office structure review was precipitated by the deletion of a full-time position in November 1993. According to Hurm, the restructuring and subsequent establishment of a permanent part-time position will provide reliable flexible coverage of duties and responsibilities and will significantly lower salary costs for 1994 and in the future. Brancel stated the functions of the part-time clerical position appear to require a full time designation and questioned the validity of what the City expects to gain from part-time . positions. Stover supported the restructuring and related positions as an excellent approach to filling the City's needs with salary cost savings and pointed out that the election clerk position will only be used during scheduled elections. Lewis acknowledged that the clerical position includes a large number of job functions as well as providing secretarial support for the Public Works and Engineering areas, but agreed that the cost savings warrant approval of the proposed restructuring and job descriptions. Benson moved, Stover seconded to approve the job description for Part-time Clerical Assistant and for Election Clerk and the respective salary range and wage rate as recommended. Motion passed 3/0. Brancel abstained. 11. GAMBLING A. Consideration of an Ordinance Amendment to Chapter 301 . Keane reviewed the changes proposed to Chapter 301 of the City Code which will amend the current ordinance by providing that a gambling license be issued concurrent with the 2- year State license and that the fee will be designated as a biennial license fee. Lewis moved, Stover seconded to adopt ORDINANCE NO. 287, "An Ordinance Amending Chapter 301 of the Shorewood City Code Relating to Gambling and Raffies." Motion passed 4/0. B. Motion to Adopt a Resolution Approving a Two-Year Gambling License for American Legion Post 259, Shorewood. Lewis moved, Stover seconded to adopt RESOLUTION NO. 94-32, "A Resolution Approving a Gambling License." American Legion Post #259 to June 30, 1995. Motion passed 4/0. REGULAR CITY COUNCIL MINUTES MARCH 14, 1994 - PAGE 7 12. MATTERS FROM THE FLOOR - None. 13. DISCUSSION ON POLICY ISSUES A Update on Part-time Traffic Enforcement Specialist - Chief Young . Hurm noted that Chief Young will update the Council on the status of hiring a part time Shorewood traffic enforcement specialist. Hurm directed the Council's attention to Mayor Brancel's March 9, 1994 letter to Excelsior Mayor Anderson in response to concerns expressed by Excelsior that this intended hiring will have a detrimental impact on the other Joint Powers Agreement cities. A meeting is scheduled for March 23 with the Shorewood and Excelsior Mayors and Administrators to further clarify and discuss the matter. The Councilmembers supported the Mayor's position that the hiring of the specialist will not impact in any way the other Joint Powers Agreement cities. Chief Young reported that because the part-time position is expected to work more than 14 hours, it must be negotiated with the Teamsters union. He recommended that the position be filled to work 14 hours/week and indicated he will begin the process required with the union. Lewis stated it is appropriate for the Chief to negotiate the position and the City will continue to work toward an April 1 beginning date for the part-time specialist to work 14 hours. It was the consensus of the Council that the Chief negotiate the position with the union as required and that the part-time traffic enforcement specialist be hired to work 14 hours a week beginning on April 1, 1994. B. Consideration of the Status of the LMCD . Hurm referred to the materials distributed to the Councilmembers regarding the LMCD. He stated that 3 cities have adopted resolutions to dissolve the organization, 4 have adopted resolutions in support of the organization, and the remaining Cities have not taken action to date. A resolution reflecting the position of the Shorewood Council determined at this meeting will be prepared for formal action at a future meeting. Mr. Robert Rascop, the LMCD member representing Shorewood, stated that the organization decided to bring the question of dissolution of the LMCD to each City for its discussion and consideration. He indicated that a dissolution vote of 3/4 of the member cities is required to dissolve the LMCD. Mr. Tom Penn, vice chairman of the LMCD, requested the Council's support of the LMCD as an agency whose chartered purpose is to protect and preserve Lake Minnetonka by working with state and federal agencies and the surrounding cities. Because the controversy is hindering the organization's ability to perform its functions, the LMCD is pursuing support from the cities that have not yet taken action. Penn commented on the controversies and criticisms, described corrective actions taken by the LMCD in response, >, "__of: REGULAR CITY COUNCIL MINUTES MARCH 14, 1994 - PAGE 8 and encouraged the use of the City's representative to promote changes in the organization and to preserve local authority and management of the Lake. The meeting recessed at 9 p.m. and reconvened at 9:10 p.m. Stover stated the Council should take action on the matter which has been previously discussed, that the agency is making a reasonable request to determine where it stands among the cities and noted that each city may choose to recall its appointed LMCD representative. Lewis explained concerns regarding the LMCD's credibility and arrogant attitude and indicated the various dissolution resolutions represent the cities' protest and displeasure with the organization's operations. While Lewis did not support dissolution of the agency, he reminded the agency that it should respect it's origination. Benson agreed with Lewis' position, supported Mr. Penn's comments regarding corrective actions and encouraged the agency to look at issues differently and supported continuance of the agency. Brancel reiterated the concerns expressed by Lewis. She further pointed out that this is an . example "too much government" particularly with respect to the agency's tax levying authority, the increasing cost to Shorewood, other agencies could gain taxing authority and that other agencies such as the DNR could be performing the LMCD's functions; therefore, Brancel stated she could not support the LMCD. Lewis stated that the amount requested for milfoil control was misrepresented, exceeded the level of the authorized levy, that the reserve amount is excessive and indicated that he empathized with the other cities resolutions for dissolution. Brancel stated that the 3-year terms of LMCD representatives make it difficult to remove them. Stover stated the LMCD was originated by the 14 lake cities to control the Lake, therefore each city must exercise its authority over the organization. Lewis stated that while he had no particular concern regarding individual representatives who serve on a volunteer basis, his concern was with the group as an association. Stover moved, Benson seconded to direct the staff to prepare a resolution stating . Shorewood's opposition to dissolution of the Lake Minnetonka Conservation District (LMCD). Motion passed 3/1. Brancel voted nay. C. Consideration of Using a Portion of City Hall Parking Lot as a "Park & Ride" Hurm reviewed discussions with the Regional Transit Board staff regarding the possibility of its use of a portion of the City Hall parking lot for a "Park & Ride." In return for 17 spaces from 6 am to 6 pm Monday through Friday, the RTB would pay for approximately 21 % of the cost of the parking lot reconstruction. Following discussion, it was the consensus of the Council that the staff should pursue negotiations for the RTB's use of a portion of the City Hall parking lot for a "Park & Ride." . . REGULAR CITY COUNCIL MINUTES MARCH 14, 1994 - PAGE 9 14. ADMINISTRATOR AND STAFF REPORTS A. 1993 Activity Report of Excelsior Fire Department Hurm directed the Council's attention to the Fire Marshall's February 18, 1994 written overview of Fire Department activity during 1993. B. Engineer's Report on Water Connection to Shady Hills Area . Dresel directed the Council's attention to a draft letter prepared to Shorewood residents in the Shady Hills area whose water is currently supplied by the City of Minnetonka. He explained that the City will be able to provide water to the area due to watermain construction for the Waterford townhome project and the Vine Hill/Highway 7 construction planned for the summer. The future change-over will provide for quality water at increased pressure, detachment from the Minnetonka system and keep utility funds within Shorewood. The City will install pressure reducing valves in homes located at lower elevations to protect plumbing from pressure spikes. Dresel answered questions and noted that additional information will be provided before the change-over occurs. 15. MAYOR AND CITY COUNCIL REPORTS Stover inquired about the contents of a report regarding access to Lake Minnetonka and referred to a March 11, 1994 letter received from the City of Orono. Mr. Rascop explained that several drafts of a report on the work of the Lake Access Task Force are being written and the LMCD will prepare a final report. An executive summary will be made available to the Councilmembers. 16. ADJOURNMENT TO WORK SESSION SUBJECT TO APPROVAL OF CLAIMS . Mayor Brancel stated that the work session will be re-scheduled. Benson moved, Stover seconded to adjourn the City Council meeting subject to approval of claims at 9:45 p.m. Motion passed 4/0. RESPECTFULLY SUBMITTED, Arlene H. Bergfalk Recording Secretary TimeSaver Off Site Secretarial ATTEST: BARBARAJ.BRANCEL,MAYOR JAMES C. HURM, CITY ADMINISTRATOR . . REGULAR CITY COUNCIL MINUTES FEBRUARY 14,1994 - PAGE 2 C. RESOLUTION NO. 94-17 "A Resolution Approving Single Temporary Gambling Licenses. " D. Motion to Approve Change Order #2 for the Season's Elderly Housing Project #93- 2. E. Motion to Approve Extension to May 15, 1994 of Notice to Remove. Rick Haun, 28100 Boulder Bridge Drive. F. RESOLUTION NO. 94-18 "A Resolution Approving a Tree Trimmer License - Davey Tree Expert Co., Inc." G. MotioB to..IIJJPFOft..the .1-'11995 AFSCME Contract Motion passed 3/0. 4. PRESENTATION BY THE SOUTHSHORE SENIOR CENTER TASK FORCE Robert Gagne, Chair of the Southshore Senior Center Task Force, Jan Gray, member representing Greenwood, and Tim McGlynn, member representing Tonka Bay, presented a proposal for the Southshore Senior Community Center. If approved by the Councils of Shorewood, Greenwood, Deephaven, Excelsior, and Tonka Bay, the center would be constructed on land on the campus of the Shorewood City Offices. The projected $800,000 all-inclusive cost of the building and its furnishings would be financed through a 20-year Hennepin County Housing and Redevelopment Authority bond. The annual cost to a Shorewood taxpayer living in a $138,000 home is estimated at $8.00. Annual operating costs of the center would be obtained from building rental and user fees. The City will be asked to authorize working on a joint powers agreement. Task force members responded to Councilmembers' questions regarding the financing plans and the joint powers agreement. The Council generally favored the proposal and noted it will be considered again at its next meeting. The meeting recessed at 8:10 p.m. and reconvened at 8:15 p.m. 5. PUBLIC HEARING 7:30 P.M.-CONSIDERATION OF PUBLIC IMPROVEMENTS TO THE BRYNMAWR SUBDIVISION AND ADOPTION OF A RESOLUTION ORDERING PLANS AND SPECIFICATIONS - CANCELED AT THE REOUEST OF THE DEVELOPER. 6. PARK - Report on January 25, 1994 meeting Silverwood Park A. Consideration of Approval of Landscape Plan B. Motion Accepting Silverwood Park Plan Hurm directed the Council's attention to the site and landscape plans for Silverwood Park recommended for approval by the Park Commission. Brancel suggested that the plans be presented to residents in the area surrounding the Park for their input prior to the Council's consideration of the plans. Following discussion, ,-Z8 -' - '" ;..., "- "'--- 4707 Welcome Ave. N. Crystal, MN 55429 (612) 420-4546 Dear Mayors and City Council Members of Hennepin County: The Hennepin County Old Tyme Fair, sponsored by the Hennepin County Agricultural Society, is scheduled for July 28, 29, 30, and 31 at the Corcoran Lion's Park, where County Road 10 and Highway 101 meet in Corcoran, and we want. you there! Last year's Mayors Milking Contest was wonderful ~ eight mayors participated for the bragging rights. In 1994, we invite each of you to try your handCs) at thi~ old .tyme skill on Friday, July 29th, when the milking contest will again be a part of Mayor Recognition Day. Please contact Karen Hogenson at 420-4546 to reserve your spot on the milking' stool! The Hennepin County Old Tyme Fair is your County Fair. An event which highlights the culture, products and people of your communities. Fair highlights in '94 will i::1clude twodemo1)tion derbies, two country band concerts, an amateur talent con~est featuring talent throughout Hennepin County, a Minnesota Horse Pullers Association Horse Pull, and of course , the 4-H and open class exhibits featuring everyching from quilts to flowers to dogs and dairy cattle. And what's a Fair without lots for the kids? A wonderful carnival, many food stands, a diaper derby, a big wheel race for 3 to 5 year olds, a pedal tractor pull for 4 to 12 year olds, and a moto cross race for kids of all ages, make it worth your while to attend this year's exciting Hennepin County Fair with your families! Your city will be contacted to find the best way to get word out about the County Fair, and we appreciate your help with suggestions about cable 'Iv stations, Conrnunity ~d brochures, and newsletters in your area. We also encourage your city to make a cash contribution to the Hennepin County Ag. Society on behalf of your community, to help finance the Fair. Under the 1971 Statute, law #38.12, "Appropriations by Certain Nunicipalities", municipalities can give to the County Agricultural Society annually, a sum not to exceed $1000. An.v size amount is appreciated, but a $25 or larger donation entitles your city to be listed as a Fair Booster, be awarded two free passes to the Fair, and have a vote at the annual meeting. 111ankS for your cooperation and support of the Hennepin County Old Tyme Fair - your County Fair! If you'd like to attend the Fair Board meetings, wish more information about Fair specifics, or like to volunteer to help with the Fair, please write to IIennepin County Fair, 4707 Welcome Avenue North, Crystal, ~w 55429 or phone 420-4546. Sincerely, ~~~~~~ Andrew Rozeboom HeDQepin County Fair Board President tt3A . . RESOLUTION NO. 94- A RESOLUTION APPROVING AN AGREEMENT FOR ENGINEERING AND SURVEYING SERVICES FOR THE DESIGN OF AN MSA SIDEWALK ALONG OLD MARKET ROAD WHEREAS, the City Council is desirous of completing a Municipal State Aid (MSA) sidewalk along Old Market Road in compliance with the City's Capital Improvement Program; and WHEREAS, the surveying and engineering design is to be performed by the City engineer in accordance with MSA standards; and WHEREAS, it is proposed to perform this design work at the established hourly rates in accordance with the Fee Schedule on file with the City Clerk; and WHEREAS, some or all of the cost of said design will be eligible for MSA funding. NOW, THEREFORE BE IT RESOLVED that the City Administrator is hereby authorized to enter into a design agreement with the City Engineer for the completion of said design, and that said design is to be accomplished as soon as practical by the City Engineer. ADOPTED BY THE CITY COUNCIL of the City of Shorewood, Minnesota this 28th day of March, 1994. ATTEST: James C. Hurm City Administrator/Clerk Barbara J. Brancel Mayor #38 '"'.... - i~ . . RESOLUTION NO. A RESOLUTION APPROVING THE FINAL PLAT OF BRYNMA WR PLACE WHEREAS, the final plat of Brynmawr Place has been submitted in the manner required for the platting of land under the Shorewood City Code and under Chapter 462 of Minnesota Statutes, and all proceedings have been duly had thereunder; and WHEREAS, said plat is consistent with the Shorewood Comprehensive Plan and the regulations and requirements of the laws of the State of Minnesota and the City Code of the City of Shorewood. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. That the plat of Brynmawr Place is hereby approved. 2. That the approval is specifically conditioned upon the terms and conditions contained in the Development Agreement attached hereto and made a part hereof. 3. That the Mayor and City Administrator/Clerk are authorized to execute the Certificate of Approval for the plat and the Development Agreement on behalf of the City Council. 4. That this final plat shall be fIled and recorded within 30 days of the date of this Resolution. BE IT FURTHER RESOLVED, that the execution of the Certificate upon said plat by the Mayor and City Administrator/Clerk shall be conclusive, showing a proper compliance therewith by the subdivider and City officials and shall entitle such plat to be placed on record forthwith without further formality, all in compliance with Minnesota Statutes and the Shorewood City Code. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 28th day of March, 1994. BARBARA J. BRANCEL, Mayor ATTEST: JAMES C. HURM City Administrator/Clerk -;~e, .., . .'.: 'J ~: c; v) () -... - , ~ ,1e ~~ , '- . , .:....- '" Q '"i '" <0 '" ~ ~~ o ~1 0."; Q,) :. 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II : I II II ...;U-. .~::.. II i 1 ..roi,.I.W ,,.'- . J t( - ,~~,":,;:..I ,- ~.J " ",:';~'''<l~~;~::; ~-:'.:r_ J.~,H.,;;.:-' ....C) ':."C. \\ \~ . .:, ~ I<l .)'~~'\~ .\::..:t~ E I -1'. -, ry\ . -.J -Z!'{L. --: ,;."';.11;;:5,.., r '\ 'I) I: I- I I~".r :".?<:...,,':;; .- I ; i 1'1 : I 1 C:J ,\. \,.. {r (~: " - ) - ' \}/'}- -~-~ ".' :; ~:;: -c <;, lar ,.c .:7","'{ ,--" ,::'lOrll . . ;, \ I: /- ~i J\;~::1 !'a "If'." :I~ ? .!i~ .Ii." f':'i ~:: I ..:sg; ~... -~' ~ ....., ...~.,; " ~'\ ,1_i.;'''~ '':: ' j ,. . -"I : ......" I ., i'~_::,..J~::;;:-;~/ I :.~/b'" .~:: I~ (' ( . I I I ~ . . .. Note: The development agreement for Brynmawr Place is the City's standard agreement. If you wish to review it please contact staff for a copy. t. ts TO: SHOliBWOOD CITY COUNCIL 't;""10'''': 'qobert & Pamela ~fuelan ~~: HORS~ PERMIT ~AG~S: Robert & Pamela Whelan have owned horses in the City of Shore wood for 27 years. All current condtions have been approved previously by the City Council. PROBLBM: ~e received a letter from the City, dated Dec. 7. 1993, stating that we must make certain changes in 0~~er to get a 1994 horse permit. #5 . !-c--, MAYOR Barb Brancel COUNCI L Kristi Stover Rob Daugherty Daniel Lewis Bruce Benson CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (612) 474-3236 MEMORANDUM TO: Planning Commission, Mayor and City Council FROM: Brad Nielsen DATE: 10 February 1994 . RE: Horse and Pony Code/Zoning Code Amendments - Electric Fences FILE NO.: City Code Chapters 702 and 1201 Attached are two draft ordinance amendments relating to the use of electric fences. Exhibit A is an amendment to Chapter 702 (Horses and Ponies). Section 1 provides for the use of electric fences only in conjunction with the issuance of a horse permit. This amendment also establishes the distance from a stable to any property line as fifty feet. It also allows the grazing area to extend to the property line, regardless of where adjacent residential structures may be located. Language relative to "grandfather" rights is included in Subd. 5. Since the setback for . grazing areas has been eliminated, it only applies to the stable setback requirements. Exhibit B is a proposed amendment to the fence requirements of the Zoning Code, making it consistent with the Horse and Pony Code. Note that both amendments require electric fences to be removed upon expiration or revocation of a horse permit. The Zoning Ordinance requires a public hearing by the Planning Commission, which has been scheduled for 8 March. The hearing on the horse ordinance will be held by the City Council on 28 March. If you have any questions relative to this matter, please c~l1 me. cc: Jim Hurm Tim Keane Richard and Pat Jensen Vernon and Cynthia Baumann Patricia Browning Carole Westby Robert and Pamela Whelan Rene Foster A Residential Community on Lake Minnetonka's South Shore .1t/p ... . . CITY OF SHOREWOOD ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 702 OF THE SHOREWOOD CITY CODE RELATING TO HORSES AND PONIES THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS: Section 1: read: Section 702.03 Subd. 2. of the Shorewood City Code is hereby amended to "Subd. 2. Such area shall be enclosed by a sturdy wood, metal, or electric fence, constlllcted in compliance with Section 1201.03 Subd. 2.f of this Code, which will keep the animal or animals confined therein. Electric fences shall be removed upon expiration or revocation of the annual horse permit. Barbed wire fences shall be prohibited. " Section 2: read: Section 702.03 Subd. 3. of the Shorewood City Code is hereby amended to "Subd. 3. A shelter or stabling facility which will keep the animal or animals comfortable and protected from the elements and which shelter or stabling facility shall be no closer than ene-hundrcd feet (100') from any structure other than the applicant's, which is used for residential purposes fifty (50) feet from any property line. In addition, the shelter or stabling facility shall be so located so as not to create a public nuisance." Section 3: read: Section 702.03 Subd. 5. of the Shorewood City Code is hereby amended to "Subd. 5. f.,reas where animals are confined should be of such a nature that they can be used by the animal for grazing,but the areas shall be no closer than seventy five feet (75') from any structure other than the applicant's vt'hich is used for residential purposes. Any shelter or stabling facility which does not conform to the dimensional requirements of Subd. 2. of this Section may be continued as it existed OIl the effective date of this Ordinance, provided that a horse pennit had been issued in 1993 for the property on which the shelter or stabling facility is located. If at such time as an annual permit has not been issued for the property for one (1) year, no annual pennit shall be issued thereafter unless the shelter or stabling facility is brought into confonnity with this Section. " Section 4: publication. This Ordinance shall be in full force and effect from and after its passage and ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, this 28th day of March, 1994. Barbara J. Brancel, Mayor ATTEST: James C. Hurm, City Administrator/Clerk Note: Italics indicate text which has been added. Strikeouts indicate text which has been deleted. E."t\.,,",t A ,. . . '. CITY OF SHOREWOOD ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 1201 OF THE SHOREWOOD CITY CODE RELATING TO ZONING REGULATIONS THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS: Section 1: to read: Section 1201.03 Subd. 2.f.(6) of the Shorewood City Code is hereby amended "(6) Prohibited Fences: Electric fences shall not be permitted except in conjunction with the issuance of a horse permit pursuant to Chapter 702 of this Code, and shall be removed upon expiration or revocation of a horse permit. Barbed wire fences shall not be permitted except as hereinafter provided. Fences of the picket, rail or slat types shall be so constructed that the spaces between the pickets, rails or slats shall be greater than twelve inches (12") or less than six inches (6"). Wire fences which are not readily visible shall be prohibited except where attached to a wooden or other fence of opaque material which is itself plainly visible." Section 2: This Ordinance shall be in full force and effect from and after its passage and publication. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, this 28th day of March, 1994. Barbara J. Brancel, Mayor ATIEST: James C. Hurm, City Administrator/Clerk Note: Italics indicate text which has been added. Strikeouts indicate text which has been deleted. ~;"~i f) .. . .. DRAFT . CITY OF SHOREWOOD PARK COMMISSION MEETING TUESDAY, MARCH 22, 1994 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES 1. CALL TO ORDER Chair Jennifer McCarty called the meeting to order at 7:05 p.m. 2. ROLL CALL Present: Chair McCarty; Commissioners Wilson, Dzurak and Bensman; Administrator Hurm; Park Planner Chamberlain. Also present for portions of the meeting were Gordon Lindstrom, Gary Dressel and Bill Colopoulos. Absent: Commissioners Waibel, Martin and Fuller. 3. REVIEW AGENDA Item #4A was added to the agenda - review of the Little League's proposal to construct a batting cage north of Freeman Field #3. With that addition the agenda was approved as presented. 4. APPROVAL OF MINUTES Wilson moved, Dzurak seconded, to approve the minutes of Tuesday, March 22, 1994. Motion carried unanimously with Bensman abstaining. Dzurak moved, Bensman seconded, to approve the minutes of Wednesday, March 23,1994 with the technical correction of changing the word "Commissioner" to "Commission". . Motion carried unanimously with Wilson abstaining. 4A LITTLE LEAGUE BATTING CAGE Gary Dressel, President of South Tonka Little League, presented a drawing of a proposed batting cage. It will be 60' long by 12' wide by 10' tall. It will be located north of Freeman Field #3, along the right field fowl fence. It will be 9' from the fence and 9' from the edge of the parking lot. There is electricity at that location. It will be a 9 gauge cyclone fence. A 3'x7' door will be located at the south corner. There will be a concrete floor covered with indoor-outdoor carpeting. There will be a 6" concrete slab with rerod. It will be similar to a batting cage located at the Mound high school. A fence permit will be needed. The permit charge should be waived. Representatives of the Little League will visit with neighbors to the west to make them aware of the batting cage installation. There is heavy brush to the west which will act as a buffer. #7 . . ( SHOREWOOD PARK COMMISSION MINUTES TUESDAY, MARCH 22, 1994 Page 2 of 5 Wilson moved, McCarty seconded, to recommend that the City Council allow the South Tonka Little League to install a batting cage as presented. Motion passed unanimously. 5. REVIEW 1994-1998 PARK CAPITAL IMPROVEMENT PROGRAM & FINANCE PLAN A 1994 PROJECT UPDATE & SCHEDULE The Cathcart Park ball field relocation and parking lot will be done after mid-July. J. Hurm reported that the City of Chanhassen has offered to remove or move the stand of trees and replant a buffer at the south end of Cathcart Park. B. REVIEW PLANS & SPECS FOR SILVERWOOD PARK Upon review of the proposed plans and specifications for Silverwood Park, Dzurak moved, Bensman seconded, to recommend that the City Council approve the proposed plans and specifications. Motion passed unanimously. C. PROJECT MANAGEMENT LETTER OF AGREEMENT - HOISINGTON KOEGLER GROUP B. Chamberlain will fax to the City a schedule of hourly rates. With that inclusion, Dzurak moved, Bensman seconded, to recommend that the City Council approve the Letter of Agreement with the Hoisington Koegler Group for park design and project management, not to exceed a total cost of $11,100; that is $10,400 for Silverwood Park improvements and $700 for Freeman Park improvements. Motion passed unanimously. D. REVIEW PROPOSED CHANGES IN PARK CIP There was discussion on revising the Park Capital Improvement Program. It was determined at this point it is not likely that $50,000 will be necessary this year for installation of lights in the softball area. However, it was felt that the set aside for a building on the north side should be increased from $30,000 to $50,000. In addition, the Commission reviewed an updated funding source summary which slows down the expected contributions from the sports organizations. A copy of the proposed CIP changes, the current park finance plan, and the revised park finance plan are attached to these minutes as reference. . . { SHOREWOOD PARK COMMISSION MINUTES TUESDAY, MARCH 22, 1994 Page 3 of 5 Bill Colopoulos advised the Commission that in designing the building for the north side of the park they should keep in mind that a vast majority of the Little League's building on the south is reserved for storage. Chair McCarty requested Gordy Lindstrom and Mary Bensman to act as a committee to discuss with representatives of Girls Softball to determine what commitment they will make toward Freeman Park and what they determine their needs are, as well as what the City will need to do for them to play at Freeman Park. E. REPORT ON MEETING WITH LITTLE LEAGUE BOARD Chair McCarty reported on a meeting held Saturday, March 12th, at City Hall, attended by herself, Park Commissioner Jim Wilson, Gordy Lindstrom, Administrator Jim Hurm and members of the Little League Executive Board. The meeting was called to discuss the Park Commission's expectations of the Little League. The discussion was very valuable and resulted in the recommended reduction in expectations. The Little League had indicated that they would like to be able to set aside 10% of the fees collected to go to the City for park maintenance. $2,500 is approximately 10% at this time. Administrator Hurm stated that the Little League Board had indicated that there were a number of items which the City could help with: 1. There is a need for perhaps two loads of ag-lime on Field #3; 2. On Fields #1 and #2 some of the fence posts are rising from the ground, so the balls can roll under the fence; 3. Because the concession stand is being heavily used, there is likely to be a need for garbage pick-up each day during the summer; 4. And they would like to have their fields dragged (particularly Field #2) as is done at the softball fields. An updated list of expectations for each of the sports organizations was distributed and discussed (attached to these minutes for reference). 6. SHOREWOOD PARKS FOUNDATION - STEVE DZURAK A. REPORT OF BOARD OF TRUSTEES S. Dzurak reported that the Articles of Incorporation will be filed this week with the Secretary of State as a Minnesota Statute Section 317 A - Non-profit corporation. At that time it becomes a legal entity. The Board of Directors will meet next Monday evening. } SHOREWOOD PARK COMMISSION MINUTES TUESDAY, MARCH 22, 1994 Page 4 of 5 B. BY-LAW REVIEW S. Dzurak reviewed a number of technical changes to the by-laws. There were no substantive changes from what had been approved at the last meeting. C. CONSIDER RECOMMENDATIONS ON BOARD OF TRUSTEE APPOINTMENTS The Commission felt that if the City Council is interested in their input for recommendations for the Foundation Board of Directors, they would suggest that the Little League, soccer, softball, football and hockey groups each be asked to recommend a representative to serve on the Board of Directors. The four civic organizations suggested at this time are: the American Legion, Tonka Men's Club, the Rotary Club, and the Senior Citizen Organization. A letter could be written to these groups discussing the Foundation . and asking for a recommendation. Both Gordy Lindstrom and Bill Colopoulos have an interest in serving as members at large. An article about the Foundation could be placed in the newspaper asking for a volunteer for the additional at-large position. There was some discussion on one or more youth being on the Board of Directors, either as a voting or non-voting member. It was determined that the Board of Directors could make such determination at a later date. Jennifer McCarty, Steve Dzurak and Gordy Lindstrom plan on attending the City Council meeting on Monday night to discuss the by-laws further. 7. SCHEDULE WALKING TOUR OF OLD MARKET ROAD & SILVERWOOD TRAILS There was some discussion as to whether or not the property owners along Old Market Road should be invited to a public information meeting on that trail. S. dzurak stated he feels there has been plenty of opportunity for input to this point. . J. Wilson moved, seconded by J. McCarty to notity the citizens along Old Market Road that the Park Commission is inviting them to review the proposed plans and specifications for the trail. This would be done the evening that the Park Commission reviews the plans and specifications. Motion passed 3 to 1 with Dzurak voting nay. The invitati~m should clearly indicate this is not a public hearing. 8. SCHEDULE OF OPEN HOUSES AT NEIGHBORHOOD PARKS This item was tabled because Elizabeth Fuller, who had requested it be placed on the agenda, was not present at the meeting. . . ~ ~ SHOREWOOD PARK COMMISSION MINUTES TUESDAY, MARCH 22, 1994 Page 5 of 5 9. REPORTS There were no reports. 10. ESTABLISH NEXT MEETING DATE It was determined that the next meeting will be held on April 12, 1994 at 7:00 p.m. There will be two meetings in May on the regular meeting dates: Tuesday, May 10th and May 24th. These meetings will begin with the annual tour of the parks. 11. MATTERS FROM THE FLOOR s. Dzurak asked that the Commission should ask the City Council to replace Dan Waibel who has not made it to any of the meetings since his appointment. It was the consensus of the Commission that the City Council should be asked to consider a replacement at the next meeting. 12. ADJOURNMENT There being no further business, Bensman moved, McCarty seconded, to adjourn the meeting at 9:50 p.m. Motion passed unanimously. RESPECTFULLY SUBMITTED. James C. Hurm, City Administrator t MEl\tIORAIWlJl\tI LARKIN, HOFFMAN, DALY & LINDGREN, LTD. TO: FROM: DATE: RE: James C. Hurm, City Administrator~ Timothy J. Keane, City Attorney Attorneys at Law 1500 Norwest Financial Center 7900 Xerxes Avenue South Bloomington, Minnesota 55431 Telephone: (612) 835-3800 FAX: (612) 896-3333 March 22, 1994 Shorewood Park Foundation . You inquired: If the City of Shorewood were to make contribution(s) to the Shorewood Parks Foundation, could the City's contribution to the Parks Foundation where the Parks Foundation were to acquire park equipment give rise to subsequent sales tax liability. Response: Shorewood Parks Foundation is a non-profit corporation formed under and pursuant to the provisions of Minnesota Chapter 317A, known as the Minnesota Non-profit Corporation Act. The Foundation is organized exclusively for charitable, educational, religious, or scientific purposes within the meaning of Section 501(c) (3) of the Internal Revenue Code of 1986, as it now exists or hereinafter amended (the Code) . . The Bylaws of the Foundation provide that the Foundation shall have charitable and recreational purposes and operating procedures consistent with the organizations qualifying for the exemption under 501(c) (3) of the Code. Assuming the continued operation of the Foundation under its Articles of Incorporation and Bylaws consistent with federal and state tax laws, it does not appear that a contribution of the City to the Foundation would give rise to subsequent tax liability issues for the City of Shorewood. Should you have any questions relating to the foregoing, please do not hesitate to contact me at 896-3203. TJK:LA5s EXPECTATIONS FOR TONKA UNITED SOCCER ASSOCIATION March 22, 1994 Update From Shorewood's Park capital Improvement Program for 1994 & 1995 1994: . $3,000 Commitment for 1993 playground equipment . Manpower on a Spring Saturday to finish installation of playground equipment (8 persons) . $2,500 toward park maintenance . The City has planned to finance $50,000 toward a concession building to provide the organizations with a means to raise these funds. 1995: . $2,500 toward park maintenance 1996: . $3,000 toward park maintenance . Assistance in building the concession building? (tentative) . . $3,335 toward concession building? (tentative) (from concession profits) . $1,335 toward future park improvements (foundation fund raising) 1 March 22, 1994 Update EXPECTATIONS FOR GIRLS SOFTBALL From Shorewood's Park Capital Improvement Program for 1994 & 1995 1994: . $2,500 toward park maintenance The City has planned to finance $50,000 toward a concession . building to provide the organizations with a means to raise these funds. 1995: . $2,500 toward park maintenance 1996: . $3,000 toward park maintenance . $3,335 toward concession building? (tentative) (from concession profits) . $1,335 toward future park improvements (foundation fund raising) . 4 . . March 22, 1994 Update EXPECTATIONS FOR SOUTH SHORE ADULT SOFTBALL 1994: . Manpower on a Spring Saturday to install playground equipment (8 persons) . $2,500 toward park maintenance The City has planned to finance $50,000 toward a concession building to provide the organizations with a means to raise these funds. 1995: $2,500 toward park maintenance . . Assistance in building the concession building? 1996: $3,000 toward park maintenance . $3,335 toward concession building? (tentative) (from concession profits) . $1,335 toward future park improvements (foundation fund raising) . 3 ~ , March 22, 1994 Update 1994: 1995: 1996: EXPECTATIONS FOR SOUTH TONKA LITTLE LEAGUE . $2,500 toward park maintenance- . Manpower on a Spring Saturday to install playground equipment (15 persons) . $2,500 toward park maintenance . $3,000 toward park maintenance . $1,335 toward future park improvements (foundation fund raising) 2 . . ,// /' ,/1 , n t;l{.n ~:'11 \1.1.-.:/ ~jL 1.1..~) }4-rj1. fZ-l"':~...Q P LW1 J ' PARK CAP!TAL FUND ----------------- 1994 1995 1996 1997 1998 Balance, January 1 43,000 60,486 15,082 14,363 1,901 Park Dedication Fees 22,500 22,500 17,500 17,500 17,500 General Fund Contribution 50,000 40,000 30,000 20,000 10,000 Donations 6,000 General Fund Balance 50,000 Tfr - Mortg Balloon - CD 87,000 Foundation - Park Maint. 10,000 10,000 12,000 14,000 16,000 Foundation - Park Imp. 0 0 4,000 8,000 12,000 Foundation - Building 0 0 10,OQO 10,000 10,000 Projects/Expenditures (199,200) (108,200) (58,500) (60,000) (30,000) Freeman Park Reserve 0 0 (4,000) (8,000) (12,000) Tfr to General Fund _ Maint. (10,000) (10,000) (12,000) (14,000) (16,000) Interest Income @ 4% 1,186 296 282 37 188 ----------------------~-------------------------------- Balance, December 31 60,486 15,082 14,363 1,901 9,589 . ------------------------------------------------------- The Park Capital Improvement Fund is established to finance improvements in the City's park system. Revenues are derived from park dedication fees from land subdivisions within the City, budgeted transfers from the General Fund, donations and the Freeman Park Foundation. A one-time transfer of a mortgage balloon payment on a Contract for Deed which the City holds is a funding source in 1994. Expenditures shown are for improvements funded from these sources. Fund balances will be allocated to future park improvements. . . . ... Park Fundin~: t!.vv'\lAlvt" ~~1 &u:.t~1J-(jJ t?J.(l-1/\. "..;.'. } As playground equipment is installed in Freeman and Manor Parks and as a shelter building is built in Manor Park in 1993, the 1994 Park Fund beginning balance is estimated to be $24,000. This is shown below on the Funding Source Summary - Park Capital Fund which illustrates where funds will come from to pay for the improvements scheduled on the PCIP. Note that the "projects/expenditure" line corresponds with the "total expenses" line on the PCIP. Fundin~ Source Summarv: PAR!( Q,PITAL FUND 1994 1995 1996 1997 1998 --------------------------------------------------- Balance, Janu~I 1 Park Ded~cation Fees General Fund Contribution Donations General Fund Balance Tfr - Mortg Balloon - CD Foundation - Park Maint. Foundat~cn - Park Imp. Foundat~on - Lights Lo~~ Foundat~on - Bu~lding Loan Projects/Expenditures Freeman Park Reserve Trr to General Fund - Maint Interest Income @ 4% Balance, Decemger 31 24,000 22,500 50,000 10,000 50,000 87,000 10,000 10,000 10,000 6,000 (229,200) (10,000) (10,000) 606 30,906 30,906 22,500 40,000 10,000 11,430 17,500 30,000 16,759 17,500 10,000 264 17,500 o 20,000 10,000 10,000 6,000 (108,200) (10,000) (20,000) 224 20,000 20,000 10,000 6,OCO (58,500) (20,000) (20,000) 329 20,000 20,000 10,000 6,000 (60,000) (20,000) (20,000) 5 20,000 20,000 10,000 6,000 (30,000) (20,000) (20,000) 75 ,; .~ 11,430 16,759 264 3,839 The Park capital Improvement Fund is established to ~~nance improvements in the City's park system. Revenues are derived from park dedication fees from land subdivisions within the City, budgeted transfers from the General Fund, donations and the Freeman Park Foundation. A one-time transfer of a mortgage balloon payment on a Contract for Deed which the City holds is a funding source in 1994. Expenditures shown are for improvements funded from these sources. Fund bal~~ces will be allocated to future park improva~ents. This "funding formula" utilizes funds from various sources to build an early balance to undertake planned projects. The plan calls for the General Fund contribution to be reduced each year from $50,000 in 1994 to $0 in 1998. This removes the General Fund contribution to park improvements altogether. .. (.-CO., ; ?~. '-~ '- /' / / I BADGER 1994 - 1998 PART{ CAPITAL I~PROVEJ.'\fENT PLAN (PC!P) PROJECT SCHEDULE Q ...-J'..(-W/ d{;lAu~ "'-'/ /. , ....., I ~ -. ,. ... ~ 1994 1995 1996 1997 1998 PL'\ YGROUNQ EQL'tP~tE:'IT "25.000 CATAC..1,.RT RE!.OC..1,.'!E BALLFIElD P ARIaNG LOT PLAYGROUND EQUYP:'ftE'rr 23.so0 16.000 15.000 :'IfA'10 R PICNIC AR.E.<l. 2.300 U.NDSO,.P!NG 1I.400 P AR.,fCNG REF"0IU3ISH 11.000 f t r S,I.'vERWOOD . ~ COURTS 46.300 r. " ?!OlTC FACILITIEs 2.700 I L.1,.NlJSc..v'!NG 11.900 ?L~ YGROUi'.'D EQUrp:\fE-<T 24.000 , I . EEMA.'1 ,5Q{)aJ Bt:1LDL.'lG NORTH (L) ...3o:eatJ .~ PL~ YGROtlND SOl..;""rH .24~OOO um-rrs . SOFT BALL (r.) ~D SOrEl e.'{-{:unily an::! 18.000 PRE?ARE F.A..YCIL Y ARE..1,. 15.000 -10.COO PIOlTCAREA S.700 L~'1DSC..v'ING 12500 ENTRANCE & SIGN 6.4C0 l SIGN AGE S.700 DRIMaNG FOU~TAlNS (2) 12500 VOLL.."C'"f13ALL COURT S.700 1'E'iNIS COURTS (3) 60.000 I COm1NGENCY 30.000 l TOT.~L EXPENSES ..2:::' -:0 108.100 S8.500 60.000 JO.OOO I q? ;Cu I J don:Jtc::! (=n or in Jcind) . n co Spar..:> C~ni7=tjons . C\PGP\93C921 in l (,- ,,-~-- ~ , '-..::./ ........ ~ . . . - A South Tonka Little League representative attended the Park Commission meeting held March 22nd to request that the city allow the installation of a batting cage at Freeman Park. The draft minutes of that meeting are attached for your information. The Park Commission unanimously recommends that the City Council approve the installation of the batting cage. If approval is granted, a fence permit can be issued and no further action needs to be taken. A drawing and site location map is attached. JHjtln 32494.2 !! --; --"T- I ..:--r i 3/94 PROPOSED BATTING CAGE AT FREEMAN_PARK ,., . 'Z-I/j ILl I I t IOf C::/ I c::- E.^"\ E:"P\J T :s L- T\ 'b ~ <::: > . ~ q- \ GAGbt ~,t06\ II T3l ,n I -2. C;___, '<~::;::~-::-"'-"'v" ~ .', .--./ 1 \, ~.." \ ...,' 1 ~ ~. , .;-~___l -~-- _.i -r"-' - '\~ .~. ':., ...:<.... :,/,' '-'.. . .'.J- -"'~..aaa'..I""(ja ......... ~" i \.;" ,:. ...' "\ :r- ~".~'J~uual:_~I~~r.,. r,.'-.:.-...-.... -.' - 'JI...~ Plc'n'I'c Shelter..,. ,,} .,.,- :...... # ......... .' . ,. .... -, ,'' . ", ~. .._,~. ' .... /.. ~;... .' .'. r. ", ". - . ....... ..' '..~ -. /-.,' ~ ~.-:.:r.. -. '" \' tf~.:~...'. ..... .;-,' r=~ ". -".-.' ....... .,.....,~.,. ~~- B; \ .-- \ Softbat \. ; i . ..;T~?;S '''-- {~~~ .<Q~~-,->,:,';:}I:,:- " Jf,~ .~-r.. ."';~'-~'u.,~~~l ..,..... ~.~ &~ ~'i . ~ _ _' _ ~r/ ,.,,'1:' ............. j ::~~~..~t:~ ..../\1.... '\ ? '.:~:::;.;...i(p ...........,.(. -- .... .' fa e. . " :~',~ Sand' .. r ".:'\ '(....., 8 '\"'",.. ~ I ~;r-.e~.-~~~tc~- i ! 1\ ! i ~ ./ .... f " i' .' j ! !! ..' i ~i! i :" 1'; ..,.:' I ~ ~:j ~--='-'2:: ' ,..,-;y -"7 I'" ~''T.,.. ", t' ii., -. ) .' ( ""-! -'~'" ....~~~:.. .,' l .' ; / " _;;'~ HQ.rs~~h'oes""" ----..---- .--- , I ...... [0"" ... ! </i i i I ! ....-.'.........-..-.. .... ,/ / f .....-.... ).. ", -. fI,i \ 3; l' . ! ~ ~=. ....... /,,,,- I (j\ = f " ~-J f \ .-;-J" : i : II ..; :: :(' \.\\ l.r' \.~ ~;\ ~. ~i \1 ~ l; ().:::...-\ ~/':'''';;>'~~:':......'''''''''',,,, ~...::..... ....., .~- ,~:~..~~...~. ,.......--...... ;: - -::::.::~;.. ""\ ',i{,,\ \ J"'.......- .~! ': '.:' ;::. .;; "" '::"\2..itfre League ~ 1,....._..._. '" ;.....''- ~2..:... - .......OO':.M ";.t~... .. Hoisington Koegler Group lnc. ~ ~ ~oJ. mID fiB <"~ c,..a \ ,.". February 8, 1994 Mr. Jim Hurm, City Administrator City of Shorewood 5755 Country Club Road Shorewood, Iv1N 55331-8927 Dear Jim: . This letter pertains to design and project management services related to Silverwood Park improvements and the Freeman Park family play area. The 1994 CIP allocates $85,400 for a number of improvements in Silverwood Park including construction of a ~ basketball court and tennis backboard, trails, grading for a sliding hill, landscaping and a play structure. In Freeman Park $24,000 is budgeted for a play structure near the Little League field. Hoisington Koegler Group Inc. will perform the following professional services related to these projects. A. General Silverwood Park Improvements 1. Prepare plans and specifications including grading, layout, construction details, contract documents and cost estimates. · Includes 1 site visit @ 2 hrs. and 1 Park Commission meeting @ 2 hrs. .- 2. Assist the City in bid administration including advertisement for bid, contractor inquiries, bid opening and contractor selection. · Includes 1 bid opening @ 3 hrs., 1 City Council mtg. @ 3 hrs. and 1 bidder's meeting/site visit @ 3 hrs. 3. Perform construction observation including coordination with the contractor, on-site observation and project close out. · Includes 1 mtg. with contractor and City staff @ 3 hrs. and up to 12 site visits @ 3 hrs. each. B. Play Structure selection and installation coordination for Silverwood and Freeman Parks . #7A Land L~sc' En\'ironmentJl · Pbr:.fllr1g DtSlgn -~ \L::ri(',jouk";arJ SUl;:t~2S n \fiDne~po1is,.\rinflesotJ 55439 I (6l~ ;-)35-)~.i(t) J ~':""I ~),:..;..<-, .. Mr. Jim Hurm February 8, 1994 Page 2 * ; 1. Prepare design parameters and support documents soliciting plans and price quotes from manufacturer's representatives. · Includes up to 3 mtgs. with manufacturers reps. @ 1 hr. each. 2. Assist the Park Commission in the selection process. · Includes 1 Park Commission meeting @ 3 hrs. 3. Coordinate equipment orders. · Includes 2 meetings with manufacturer and City staff @ 3 hrs. each and up to 4 site visits @ 2 hrs. each. 4. Assist the City in making layout decisions. · Includes up to 4 site visits @ 2 hrs. each. . Based on the tasks outlined above, services will be performed on an hourly basis consistent with Attachment "A" not to exceed a total cost of $11,100. For the City's budgeting purposes, this number breaks down to $10,400 for Silverwood Park Improvements and $700 for the Freeman Park play area. In addition to these services, a topographic survey will be needed for a portion of Silverwood Park. This work will be performed by others through a separate contract. Additional services not specifically authorized above can be requested by the City and will be charged at normal hourly rates. Bruce Chamberlain will act as project manager and Mark Koegler will be the Principal-In-Charge of the project. Other HKG staff members may perform portions _. of the project as they pertain. We appreciate the opportunity to continue to work with the City of Shorewood on your park and recreation needs. If you have any questions please contact us. Sincerely, ~~lJ.2P ~ '/. ~. R. Mark Koegler, RLA Vice President Bruce L. Chamberlain, RLA Project Manager Ene. . . Mr. Jim Bunn February 8, 1994 Page 3 AUTHORIZATION In WITNESS WHEREOF, the CITY and the CONSULTANT have made and executed this agreement for Professional Services, This CITY OF SHOREWOOD Shorewood, Minnesota day of ,1992. In presence of: SIL VCONT.LTR ATTACHMENT "A" HOISINGTON KOEGLER GROUP INC. 1994 HOURLY RATES Princi pal.......................................... ...... ....... $85-95 Ihr Senior ProfessionaL................................... $85-90 Ihr Professional Ill....... ................ .......................... $67/hr . Professional II .................................................. $47/hr Professional 1... .......... ....................................... $37/hr TechnicaL.... ................................................. $25-37 Ihr Secretarial... .... .......... ........................................ $35/hr Testimony. ............ ...... ................... ................. $130/hr Incidental Expenses: Mileage ................ .......... ................................ 28tt I mile Outside Printing ..................................... Actual Cost Diazo Printing......................................... Actual Cost . LANDSCAPE ARCHITECT'S ESTIMA TE PROPOSAL Silverwood Park Improvements Freeman Park Trail Improvement Project No. PK-4-94 City of Shorewood, Minnesota Date: March 22, 1994 City of Shorewood c/o Mr. Jim Bunn, City Administrator 5755 Country Club Road Shorewood, Minnesota 55331 . The undersigned, as bidder, proposes and agrees to furnish all labor, materials, equipment and supplies to completely construct the Silverwood Park Improvements in the City of Shorewood, Minnesota, in accordance with the Plans and Specifications prepared for the work by the Hoisington Koegler Group Inc. for the following lump sum and unit prices: Silverwood Park Item Quantity Unit Unit Price Amount 1. ~ Basketball Court Construction 1 L.S. $ $ 8,700 with tennis hitting wall 2. Common Excavation (P) 1,690 c.Y. $ 5.00 $ 8,450 3. Bituminous Path Paving (P) 6,110 S.P. $ 1.10 $ 6,721 4. Modular Block Retaining Walls (P) 875 S.F. $ 11.00 $ 9,625 5. Play Area Drain Pipes 1 L.S. $ $ 200 . 6. Bollard Installation 1 L.S. $ $ 600 (furnished by others) 7. Silt Fence (P) 275 L.F. $ 1.50 $ 413 8. Seeding (P) 2,750 S.Y. $ 0.70 $ 1,925 9. Sodding (P) 320 S.Y. $ 1.10 $ 352 10. Wood Fiber Blanket (P) 1,100 S.Y. $ 1.22 $ 1,342 11. Straw Mulch L.S. $ $ 200 Freeman Park Item 1. Bituminous Path Paving (P) 2. Sodding (P) ("P" designates "Plan Quantity") TOTAL BASE BID AMOUNT S.P. S.Y. Unit Price $ 1.10 $ 1.10 Amount $ 20,240 $ 858 Quantity 18,400 780 Unit $ 59,626 LANDSCAPE'ARCHITECT'S ESTIMATE Silverwood/Freeman Park Improvements Page P - 1 ~> LANDSCAPE ARCHITECT'S ESTIMA TE Add Alternate No.1 Item 1. 1h Basketball Court Surface Treatment Quantity Unit Unit Price Amount + 1 1.S. $ $ 1.300 $ 1.300 TOTAL ADD ALTERNATE NO.1 BID AMOUNT A Bid bond or certified check in the amount of at least 5 percent (5%) of the total estimated bid is enclosed herewith as guarantee that if this proposal is accepted, the Bidder will enter into a contract and furnish a performance bond within ten (10) days after his proposal is accepted, and it is agreed that said bid bond or certified check shall be liquidated damages for Bidder's refusal or inability to contract and furnish bond. In this proposal, if accepted, Bidder agrees to commence work no later than ten (10) days following award and to complete work on or before the dates specified in Paragraph 1.4, . Page SC-l of the Special Conditions, subject to the provisions of the Contract Documents. It is understood and agreed that this proposal may not be withdrawn within 30 days after bid closing date and that the Owner reserves the right to reject any or all bids and to waive formalities. Receipt of the following addenda to the specifications is acknowledged. Addendum No. Addendum No. Dated Dated ,19 ,19 If a corporation, what is the state of incorporation? If a partnership, state full name of all co-partners. . FIRM NAME: BY: (An Authorized Signature) TITLE: LANDSCAPE ARCHITECT'S ESTIMATE Silverwood/Freeman Park Improvements Page P - 2 z <( ...J " ell a. ..a W iV :; - ell I- ..a ell l'II a; ell 'ii ~ en ... Co C l'II ell l'II ~ l'II 0 C " ..a ell '; ell " > " c E l'II C ..!!! ell Co l'II .. C = 2 iV ,2 'i en (;j ell iii c 0 'E 0 .2 ell ell iV E ell C .; ell ~ 0 'E l'II '0 .~ Q. en to - ~ .5 ... 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III "C CD .c .. := - ell :a 'i "C o CJ) fLj~ ~~ 'i F (/I := o c E := - iii Co .. - o III - 01 U C III _ .. - - III C U o 0 u- . ~ ) ) ) ') ) ) ) , , ) ) ) ) ) -ll ) ,. r "'-tn ::l o ,.. o It) N o It) o I 'I' ilL! - '; F .::tt. .. co D- C co E CI) CI) .. u. r~JI; i Ell! ~ J i . 0 u '" .s ~ 0. ... " !!. o ... ~a~ .!.!~ :,o:~ o. lol,;~ .?;x c.. Bg.: :ui. ._~ = >;8.5 :r:::::li ..... --_.~ BYLAWS OF THE SHOREWOOD PARK FOUNDATION ARTICLE I. Offices Ii Seal Section 1.01. Reqistered and Principal Offices. The Shorewood Parks Foundation (the "Corporation") shall have and continuously maintain in the state of Minnesota a registered office, which shall be located at the Shorewood ~ity Hall, 5755 Country Club Road, Minnesota. . section 1.02. Corporate Seal. The corporption shall have no corporate seal. ARTICLE II. Purposes of the Corporation . Consistent with the Articles of Incorporation of the Corporation, the corporation shall be organized exclusively for charitable, educational or scientific purposes within the meaning of section 50~(c) (3) of the Internal Revenue Code of 1986, as it now exists or as hereafter amended (the "Code"). Consistent with the foregoing, the Corporation shall establish and maintain programs to promote the preservation, protection, improvement, establishment and enlargement of parks, trails, bikeways and open space generally for the benefit of the residents of the City of Shorewood. This shall include, but not be limited to: section 2.01. Providing more and better facilities at Shorewood's parks for organized sports activities and for unorganized recreational activities, all of which shall be calculated to: A. Add to the general quality of life for the entire Shorewood community; 1 ~7B B. Allow for more residents and civic organizations to participate in recreational activities; C. Provide an opportunity to encourage donations to Shorewood's parks. Section 2.02. Providing a framework for the pooling of human resources to support, operate, and improve Shorewood's park facilities, which shall be calculated to: A. Serve as a vehicle for sports organizations, civic groups, and individuals to cooperatively: . 1. Identify common goals and work together to realize them; 2. Provide meaningful and joint park planning; 3. Develop creative ideas to better utilize available space, raise funds, and expand recreational activities cost effectively; 4. Improve communication and understanding; and B. Serve as the program or specific project coordinator with the approval of the Shorewood City Council. . Section 2.03. Providing support, operate and expeditiously, by: the framework for the pooling of funds to improve Shorewood' s park facilities A. Reducing the use of property tax dollars for park related expenditures; B. Raising and disbursing funds for: 1. A portion of the cost of maintaining Freeman Park; 2. Park Capital Improvement projects as listed in the City of Shorewood's five year Parks Capital Improvement Program; 2 3. Park improvement proj ects in the lpng range Parks Capital Improvement Plan, which extends beyond 5 years; C. Working with the City to apply for and provide matching and in-kind contributions for various recreational grants. Section 2.04. Providing for an organized means to review, prioritize, recommend, and undertake park improvement projects. ARTICLE III. proiect Proposals Section 3.01. All park improvement project proposals must be submitted to the City of Shorewood Park Commission, which shall review proposals and submit recommendations to the Shorewood City ~ Council, which must approve such proposals before the project can be implemented. Such proposals shall be categorized as follows: A. For inclusion in the Park Capital Improvement Program; B. For inclusion in the long range plan (beyond 5 years); C. As a separate proposal from an organization or individual which has an identifiable funding source, which is not inconsistent with park physical or financial plans, and which merits consideration. ARTICLE IV. ~ Directors & Meetinqs Section 4.01. Members. The Corporation shall have no members, except as determined by the Board of Directors. Section 4.02. General Powers. The property, affairs and business of the Corporation shall be managed by the Board of Directors. section 4.03. Property. No director shall have any right, title, or interest in or to the property of the Corporation. 3 section 4.04. Number. The number of directors at the time of incorporation shall be as provided in by the Articles of Incorporation. Thereafter the number of directors may be increased or decreased to any odd number not less than 15, nor more than 21, by vote of the Shorewood city Council. The directors shall be appointed as follows: A. Five (5) directors shall be organizations which regularly Shorewood park facilities; representatives from sports and consistently use the B. Four (4) directors shall be representatives from area civic organizations which support Shorewood's parks; . C. Two (2) directors shall be members of the Shorewood Park Commission; D. Qne (1) director shall be a representative of the Minnetonka School District Community Services, wh6 shall be appointed after consulting with the Community Services Board; E. Three residents foregoing (3) directors shall who mayor may not categories. be be reserved included for Shorewood in any of the . In addition to the foregoing directors, one (1) member of the Shorewood City Council and the Shorewood City Administrator shall be ex officio directors having all rights and privileges of said position except that they cannot vote. The number of directors from anyone of the representative groups listed above in Paragraphs 4.04 A-D (whether appointed pursuant to Paragraphs 4.04 A-D or Paragraph 4.04 E) shall not exceed 33% of the total number of directors. section 4.05. Qualifications. Directors shall be residents of Minnesota. Persons who would be described in section 4946 (a) (1) (A) or (C) through (G) of the Code, if the corporation were a "private foundation" as defined in section 509(a) of the Code, shall never constitute more than one-third of the directors of the Corporation; and such persons, together with representatives of 4 banks or trust companies which serve as directors, investment advisors, custodians, or agents for or with respect to fund of or held for the benefit of the Corporation, shall never constitute more than one-half of the directors of the Corporation. section 4.06. Appointment. All directors shall be appointed by the Shorewood City Council. If the Board of Directors is enlarged, the additional directors will be appointed by the Shorewood City Council. Section 4.07. Terms of Office. Each director shall be appointed for three years or until his or her successor shall have been appointed, except the initial terms of initial directors shall be staggered so no more than one-third of the directors or closest fraction thereof will end their terms in the same year. This ratio shall be maintained if the Board of Directors is expanded beyond fifteen (15). Three consecutive terms (9 years) is the maximum appointment period; however, such limitation shall not apply to assignments on various and sundry advisory committees as may be established by the Board of Directors. . Section 4.08. Orqanization. At each meeting of the Board of Directors, the President of the corporation or, in his or her absence, an acting Chairperson chosen by a majority of the directors present, shall preside. The Secretary of the Corporation or, in his or her absence, any person whom the Chairperson shall appoint, shall act as Secretary of the meeting. Section 4.09. Resiqnation. Any director of the Corporation may . resign at any time by giving written notice to the President or to the Secretary of the Corporation. The resignation of any director shall take effect at the time specified therein; and, unless otherwise stated therein, the acceptance of such resignation shall not be necessary to make it effective. Section 4.10. Vacancies. The organizations or person represented by a director may make a recommendation to the Shorewood City Council regarding any vacancy in the Board of Directors caused by a resignation, disqualification, removal, or any other cause. 5 . . The director appointed by the Shorewood City Council to fill the vacancy shall hold office for the remaining term of that directorship and until his or her successor shall be duly elected and qualified, unless sooner vacated. section 4.11. Removal of Directors. Any director may be removed, either with or without cause, at any time, by the Shorewood city Council. The vacancy in the Board of Directors caused by any such removal shall be filled in the manner specified in Section 4.10 hereof. section 4.12. Annual Meetinq. The January meeting will be the Annual meeting. On the same day, the Board of Directors shall meet, at th~ place where such annual selection and election of directors is held, or at such other place within the State of Minnesota as may be designated by the Board of Directors, for the purposes of electing officers of the Corporation and for the transaction of such other business as shall come before the meeting. Notice of such meeting need not be given if it is held at the place where the annual election of directors is held, but if such annual meeting of the directors is to be held at any other place, such other place shall be specified in a notice given as hereinafter provided for special meetings of the Board of Directors or in a consent and waiver of notice thereof signed by all the directors. section 4.13. Reqular Meetinqs. Regular meetings of the Board of Directors shall be held from time to time" at such time and place within the State of Minnesota as the Board may determine by resolution adopted by a majority of the whole Board of Directors, and, in the absence of such designation, shall be held at the registered office of the Corporation in the State of Minnesota. section 4.14. Notice of Meetinqs. Except as otherwise provided by statute and in these Bylaws, written notice of each meeting of the directors, whether annual or regular shall be given not less than five (5) nor more than thirty (30) days before the day on which the meeting is to be held, to each director by mailing such notice to his or her post off ice address as shown on the books of the Corporation. Notice of any meeting of directors shall not be required to be given to any member who is in attendance when such called meeting is held. 6 Notice of any adjourned meeting of the directors shall not be required to be given, except where expressly required by law. Section 4.15. Special Meetinqs. Special meetings of the Board of Directors shall be held whenever called by the President or by two or more of the directors. Notice of such special meeting shall be mailed to each director, addressed to him or her at his or her residence or usual place of business, at least two (2) days before the day on which the meeting is to be held, or to be delivered personally or by telephone, not later than one (1) day before the day on which the meeting is to be held. Each such notice shall state the time and place of the meeting, but need not state the purposes thereof except as otherwise expressly provided. Notice of any meeting of the Board of Directors need not be given to any director who shall be present at such meeting; and the meeting of the Board shall be a legal meeting without any notice thereof having been given if all the directors of the Corporation then in office shall be present thereat to waive such notice in writing before, at, or after said meeting. Section 4.16. Emergencv Meetinq. In the event of an emergency in which the written notice for annual, regular, or special meeting cannot be honored, reasonable attempts shall be made (and documented) to contact directors by phone and explain the emergency nature of business to be transacted. The first order of business at the meeting itself shall be action on a resolution declaring the need for an emergency meeting. If approved by roll call vote of two-thirds of tne full membership, the meeting may proceed. Section 4.17. Quorum. At each meeting of the directors, the presence of a majority of the Board of Directors as a whole shall constitute a quorum for the transaction of business, except where a greater number may be required by statute. In the absence of a quorum a majority of the directors present in person shall have the power to adjourn the meeting from time to time until the required number of directors shall be present. At any such adjourned meeting at which a quorum shall be present, any business may be transacted which might have been transacted at the meeting originally called. 7 . . section 4.18. votinq. At each meeting of directors, each director present in person shall be entitled to one vote on each matter to be voted upon at the meeting. At all meetings of the directors, all matters (except in special cases where other provisions may be made by statute) shall be decided by a majority of votes cast by the directors present in person, a quorum being present. section 4.19. Proxies. Proxies shall not be allowed or used. . section 4.20. Public Notice and Attendance. Attendance by the public at meetings of the Board of Directors generally shall be encouraged. In the sole discretion of the Board of Directors, notice of any annual, regular, or special meeting may be given to the public, and the public may be invited to attend all or any portion of any such meeting, as the Board of Directors may designate. ARTICLE V. Officers section 5.01. Number. The officers of the corporation shall be a President, a Secretary, a Treasurer, and, if the Board shall so elect, one (1) or more Vice Presidents and such other officers as may be appointed by the Board of Directors. Any two (2) or more offices, except those of President and Vice President, may be held by the same person. . section 5.02. Election. Term of Office and Qualifications. All officers shall be elected annually by the Board of Directors, and each shall hold office until the next annual election of officers and until his or her successor shall have been duly elected and qualified, or until his or her death, or until he or she shall resign, or until he or she shall have been removed in the manner hereinafter provided. All officers shall be directors; any director who resigns or is removed from his or her directorship shall be deemed to resign or be removed from any office he or she holds. section 5.03. Resiqnations. Any officer may resign at any time by giving written notice of his or her resignation to the Board of Directors, to the President or to the Secretary of the Corporation. 8 Any such resignation shall take effect at the time specified therein; and, unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective. Section 5.04. Removal. Any officer may be removed, either with or without cause, by a vote of the Board of Directors at a meeting called for the purpose (and such purpose shall be stated in the notice or waiver of notice of such meeting unless all the directors of the Corporation shall be present thereat) or any time by a vote of the Shorewood City Council. section 5.05. Vacancies. A vacancy in any office because of death, resignation, removal or any other cause shall be filled by the unexpired portion of the term in the manner prescribed in these Bylaws for election or appointment to such office. . Section 5.06. President. The President shall be the chief executive officer of the Corporation and shall have general active management of the business of the Corporation. He or she shall, when present, preside at all meetings of the directors. He or she shall see that all orders and resolutions of the Board of Directors are carried into effect. He or she may execute and deliver in the name of the Corporation any deeds, mortgages, bonds, contracts or other instruments pertaining to the business of the Corporation, including, without limitation, any instruments necessary or appropriate to enable the Corporation to donate income or principal of the Corporation to or for the account of such organizations, causes, and projects described in the Articles of Incorporation of the Corporation as the Corporation was organized to support, and in general, shall perform all duties usually incident to the office of the President. He or she shall appoint working committees and shall be an ex officio member of all committees. Such power shall include the power to appoint an Executive Committee and Advisory Committee which shall have those authorities delegated to them by the Board of Directors. He or she shall have such other duties as may from time to time be prescribed by the Board of Directors. . Section 5.07. Vice President. Each Vice President, if any shall be elected by the Board of Directors, shall have such powers and shall perform such duties as may be specified in the Bylaws or prescribed by the Board of Directors or President. In the event of absence or 9 . . disability of the President, Vice Presidents shall succeed to his or her power and duties in the order designated by the Board of Directors. section 5.08. Secretary. The Secretary shall be Secretary of, and when present, shall record proceedings of meetings of the members and Board of Directors. He or she shall when directed to do so, give proper notice of meetings of directors. He or she shall perform such other duties as may from time to time be prescribed by the Board of Directors or by the President and, in general, shall perform all duties incident to the office of Secretary. Seqtiqn 5.09. Treasurer. The Treasurer shall keep accurate accounts of all moneys the Corporation received or disbursed. He or she shall deposit all moneys, drafts and checks in the name of, and to the credit of, the Corporation in such banks and depositories as a majority of the whole Board of Directors shall from time to time designate. He or she shall have power to endorse for deposit all notes, checks and drafts received by the corporation. He or she shall disburse the funds of the Corporation as ordered by the Board of Directors, making proper vouchers therefor. He or she shall render a full account of all his or her transactions as Treasurer and the financial condition of the Corporation frequently, at least on a quarterly basis, and more often if so required by the President, Board of Directors or the City of Shorewood Finance Director; and shall perform such other duties as may from time to time be prescribed by the Board of Directors or by the President, and, in general, shall perform all duties incident to the office of the Treasurer. Section 5.10. Other Officers. The Corporation may have such other officers and agents as may be deemed necessary by the Board of Directors, who shall be appointed in such manner, have such duties and hold their offices for such terms as may be determined by resolution of the Board of Directors. 10 ARTICLE VI. Committees Section 6.01. Committees. The Board of Directors shall have authority by resolution to establish committees with size, duration, duties, and responsibilities as are granted to them from time to time by the Board of Directors. The President shall have authority to appoint members to the committees, designate the chairperson, or delegate the chairperson selection to the committee itself. The President shall be a member of all committees. Members of committees need not be members of the Board of Directors; however, in every case, no less than one member of the Board of Directors shall be appointed to every committee. section 6.02. Advisorv Committee. There may be an Advisory . Committee which shall consist of not less than three members of the Board of Directors. Additional appointees who are not members of the Board of Directors may number up to twenty five (25). If members are appointed thereto, the Advisory Committee shall meet not less than once a year and advise the Board of Directors on matters pertaining to the Corporation and assist with communication and fund raising efforts to individuals and groups who can help advance the purposes of the Corporation. Section 6.03. Quorum. A majority of a committee shall constitute a quorum and the act of a majority of the members present at a meeting at which a quorum is present shall be the act of the committee. . ARTICLE VII. Fiscal Aqents Section 7.01. The Corporation may designate such fiscal agents, investment advisors, and custodians as the Board of Directors from time to time deems appropriate. The Board of Directors may at any time, with or without cause, discontinue the use of the services of any such fiscal agent, investment advisor, or custodian and shall discontinue the use of the services of any such fiscal agent, investment advisor, or custodian for breach of fiduciary duty under 11 Minnesota law or for failure to produce a reasonable (as determined by the Board of Directors) return of net income (within the meaning of 10.10 hereof) over a reasonable period of time (as determined from time to time by the Board of Directors) . ARTICLE VIII. Fiduciary Responsibilitv section 8.01. The Board of Directors shall fiduciary responsibility with respect to administered by the Corporation. assume and discharge all assets held or ARTICLE IX. . Basic Funds and Accounts section 9.01. Fund Desiqnations: The Board of Directors will establish four basic funds, each having distinct identity for fund raising, accounting, and investment purposes: A. undesignated Fund - No Restrictions on Principal and Interest: contributions in this fund may be used for any purpose thought suitable, consistent with the purpose of the Corporation, by the Board of Directors. Distributions may include both principal and any accumulated interest. . B. Desiqnated Fund Havinq Special Rotatinq Accounts - No Restrictions on Principal and Interest: The Board of Directors may establish special accounts within the Designated Fund. The contributor may select anyone of the identified special accounts into which his, her or its donation will be placed. Both principal and accumulated interest will be used by the Board of Directors to carry out the purposes of the special account. C. Desiqnated Fund Havinq Permanent Accounts - Restrictions on Principal But Not on Interest: The Board of Directors may establish broad, permanent accounts within the Designated Fund for permanent accounts. A contributor may select anyone of the identified permanent accounts into which his, her or-its 12 . donation will placed. The principal is invested. Only the interest is used to carry out the purposes of the permanent account. D. Individualized Fund: The Board of Directors may enter into a special written agreement with a contributor wherein restrictions regarding an asset and use thereof are identified and agreed to by Board action. The size of the donation must be large enough to justify establishing a distinct account within the Individualized Fund. Moreover, the purposes for which the Corporation was established must be considered along with costs associated with fund administration. section 9.02. Chart of Accounts. The Board of Directors will consult and coordinate with City of Shorewood officials regarding . special projects and needs which might be well served by the Corporation and what accounts within the four basic funds will best serve these ends. The obj ect is to accent maximum cooperative effort between the City of Shorewood and the Corporation and minimize confusion, conflict, and/or costs associated with fund use, accounting, and transfers. section 9.03. Securitv of Contributions. The Board of Directors shall be concerned with both the return and the security of contributions. The latter of the two objectives will be considered the most important. Section 9.04. Liquiditv of Contributions. Negotiable instruments such as stocks and bonds and unrestricted gifts of property will be . converted into cash wi thin a reasonable length of time and be managed as cash assets. It is the intent that the Corporation ~ill hold a diversified portfolio for purposes of appreciation, but not for speculation. A deviation from this provision may occur when the contributor makes -- and the Board of Directors accepts -- a gift with restrictions regarding investment options. Section 9.05. Refusal to Accept contribution. The Board of Directors may refuse to accept a contribution for whatever reason. Nothing in these Bylaws shall be interpreted to mean a gift or contribution must be accepted. 13 . . ARTICLE x. Distribution of Principal and Income and Related Matters section 10.01. Distributions. The Corporation shall make distributions on an annual basis, or less or more often as determined by the Board of Directors for one or more of the purposes for which the Corporation is organized, including administrative expenses and amounts paid to acquire an asset used (or held for use) directly in carrying out one or more of such purposes, in an aggregate amount of less than its "adjusted net income" as defined in Section 4942(f) of the Code. section 10.02. Use of Owned Assets. The principal of any fund, title to which is vested in the Corporation, may be distributed or used in such amounts and at such times as the Corporation, acting through its Board of Directors, may deem advisable; provided, however, that if the principal of any such fund is subject to any restriction, condition, limitation, or trust that is i.nconsistent with the foregoing distribution or use, nonetheless such fund shall be so distributed or used if, (1) in the sole judgment of the Board of Directors, such restriction, condition, limitation, or trust becomes unnecessary, incapable of fulfillment, or inconsistent with the charitable needs of the Shorewood City Council, and (2) the Board of Directors either modifies or eliminates such restriction, condition, limitation, or trust or institutes proceedings in a court of competent jurisdiction to effect such modification or elimination. section 10.03. Use of Other Assets. with the approval of not less than two-thirds of the Board of Directors given at any annual or special meeting thereof, all or any part of the principal" of any trust fund, title to which is not vested in the Corporation but disposition of which is discretionary with the corporation, may be distributed or used for any park or recreational purposes for which the Co~poration is organized and which has received the approval of a majority of the members of the Board of Directors, provided that such distribution or use is not contrary to any restrlction, conditlon, limitation, or trust imposed with respect to suc~ trust fund, and provided, further, that not to exceed twenty percent of the entire amount of the principal of such fund shall be disbursed 14 in anyone year, and provided, further, that certified copies of the resolutions of the Board of Directors authorizing such distribution shall be filed with the director of such fund at least ninety days prior to the withdrawal of the first installment of principal from the hands of such director. Section 10.04. No Self-Dealinq. Neither the Corporation, its directors, officers, or employees, shall engage in any act which would constitute "self-dealing": as defined in section 4941(d) of the Code, if the corporation were a "private foundation" as defined in Section 509(a) of the Code. Section 10.05. Net Income. All funds of the corporation shall, on an aggregate basis, be invested to produce for each fiscal year an annual "adjusted net income" (as defined in section 4942(f) of the . Code), of not less than two-thirds of what would be the Corporation's "minimum investment return" (as defined in section 4942(e) of the Code), if the Corporation were a "private foundation". section 10.06. Excess Business Holdinqs. The Corporation shall dispose of any holdings which would constitute "excess business holdings" as defined in Section 4943(c) of the Code, and as applied on a component-by-component basis as if each component were a "private foundation", except that components will be combined for this purpose if such components would have been described in section 4946(a) (1) (H) of the Code. Section 10.07. No Jeopardv Investments. No funds, whether title . thereto is vested in the Corporation or is vested in a director of a trust for the benefit of the Corporation, shall be invested or reinvested in such a manner as to jeopardize the carrying out of any charitable or recreational purpose for which the Corporation is organized. 15 section 10.08. Expenditure Responsibility. The corporation, through its Board of Directors, will exercise "expenditure responsibility", as defined in section 4945(h) (1) and (2) of the Code, with respect to all grants and contributions made by the Corporation which would otherwise consti tute a "taxable expenditure" as defined in section 4945(d) (4) of the Code, if the corporation were a "private foundation". . section 10.09. Unrestricted Income. At least one-half of the total income derived by the Corporation from the investment of gifts and bequests received by the Corporation shall be unrestricted. For this purpose, any income which has been designated by the donor of the gift or bequest to which such income is attributable as being available only for the use or benefit of a broad park or recreational purpose for which the Corporation is organized, will be treated as unrestricted; however, any income which has been designated for the use or benefit of a particular class of recreational activities, the members and attributes of which are readily ascertainable, will be treated as restricted. ARTICLE XI. Books of Record. Audit. Fiscal Year. Bond. and support services section 11.01. Books and Records. The Board of Directors of the Corporation shall cause to be kept: . (1) records of all proceedings of members, directors, and committees; and (2) such other records and books of account as shall be necessary and appropriate to the conduct of the corporate business. section 11.02. Documents Kept at Reaistered Office. The Board of Directors shall cause to be kept at the registered office of the Corporation originals or copies of: (1) records of all proceedings of members, directors, and committees; 16 (2) all financial statements of the corporation; and (3) Articles of Incorporation and Bylaws of the Corporation and all amendments thereto and restatements thereof. Section 11. 03 . Audit and Publication. The Board of Directors shall cause the records and books of account of the Corporation to be audited at least once in each fiscal year and at such other times as it may deem necessary or appropriate, and also shall make such inquiry as the Board of Directors deems necessary or advisable into the condition of all trusts and funds held by any director, agent, or custodian for the benefit of the Corporation, and shall retain such person or firm for such purposes as it may deem appropriate. Not later than six months after the close of each fiscal year of the Corporation, the Board of Directors of the Corporation shall furnish to the Shorewood City Council, and . otherwise make generally available to all residents served by the Corporation, copies of the Corporation's financial statements for its immediate preceding fiscal year and may, if determined necessary or appropriate by the Board of Directors, cause such financial statements to be published in such one or more newspapers having general circulation and distribution within the City of Shorewood as may from time to time be selected by the Board of Directors. Section 11.04. Fiscal Year. The fiscal year of the Corporation shall end on December 31 of each year. section 11.05. Bond. A bond shall be required of all directors, . officers and employees of the Corporation who deposit or withdraw, or otherwise handle, the funds of the corporation. The bond shall be in such amount, on such terms and conditions, and with such company or companies, as the Board of Directors shall determine. Section 11.06. Support Services. When the Corporation needs support services, e.g., fiscal, secretarial, development, the City Administrator's office of the City of Shorewood may provide the services to the Corporation. If it does so, it shall receive full payment for costs thereof. In the event the Shorewood City Council cannot, or chooses not to, provide said services, the Board of Directors may obtain said services by other means. 17 ARTICLE XII. waiver of Notice Section 12.01. Notice Waiver. Whenever any notice whatsoever is required to be given by these Bylaws or any of the corporate laws of the State of Minnesota, such notice may be waived in writing, signed by the person or persons entitled to said notice, whether before, at, or after the time stated therein, or before, at, or before the meeting. ARTICLE XIII. Authorization without a Meetinq . Section 13.01. Authorization Without a Meetinq. Any action that may be taken at a meeting of the Board of Directors may be taken without a meeting when authorized in writing and signed by all the directors. ARTICLE XIV. Indemnification . Section 14.01. Indemnification. The corporation shall indemnify such persons, for such expenses and liabilities, in such manner, under such circumstances, and to such extent as permitted by any applicable law. ARTICLE XV. Amendments section 15.01. Amendments. The Board of Directors may amend the Corporation's Articles of Incorporation, as heretofore or hereafter from time to time amended or restated, to include or omit any provision which could be lawfully included or omitted at the time such amendment is made. Any number of amendments, or an entire revision or restatement of the Articles of Incorporation or Bylaws, either may be submitted and voted upon at a single meeting of the Board of Directors and be adopted at such meeting, a quorum being 18 .. present, upon receiving the affirmative vote of not less than two- thirds of the whole number of directors of the Corporation or may be adopted by a written submittal signed by all the directors of the Corporation; provided, however, that no amendment of section 2.01, 2.02, 2.03, 2.04, 3.01, 4.04, 4.06, 4.10, 4.11, 5.02, 5.04 or 5.05 of these Bylaws, shall be made without the approval, by resolution, of the Shorewood City Council. ARTICLE XVI. Dissolution section 16.01. Dissolution. The Corporation may be dissolved by the Board of Directors if a resolution proposing dissolution of the Corporation is adopted in one year, if another resolution to implement the proposed dissolution is approved not less than twelve months nor more than fifteen months later, if said resolutions are approved by the Shorewood City Council, and if all conditions stated under Minnesota Statutes section 317A.701, et seq., as hereafter amended, are met. Alternatively, the Shorewood City Council may dissolve the Corporation by its resolution. . section 16.02. Disposal of Assets. Any of the corporation's assets remaining at the time of its dissolution shall be transferred to a receiver as directed by the District Court under Minnesota Statutes. In advance of such action and on a timely basis the Board of Directors shall petition the court to transfer the assets to, and let them be assumed by, the Shorewood City Council as though the assets have been donated to the City in the first place. . KNOW ALL PERSONS BY THESE PRESENTS, that the undersigned Secretary of the Corporation does hereby certify that the foregoing Bylaws were duly adopted as the Bylaws of the Corporation effective as of the day of March, 1994. Steven J. Dzurak, Secretary 19 ?},<:/C,4 - I ; & ! .. : (/) , ,," / \. >..,1'/ .-- '"-:. -......7 1 ~~,~..- .-..~>~' I -', '." SUGGESTIONS FOR COUNCIL RESOLUTION (please put this in your own words) The city of Shorewood endorses the application of the City of Minnetonka for federal funding concerning the proposed pedestrian crossing of Trunk Highway 7 in the vacinity of Minnetonka High School. This crossing is warranted based on projected use, accident history, and incovenient travel distance to alternative pedestrian crossing points. BACKGROUND: A study of the feasibility of a grade separated pedestrian crossing of Trunk Highway 7 in the vacinity of the Minnetonka High School was ordered by the Minnetonka City Council on March 3, 1994. The Minnetonka School Board took action to join with the City in the preparation of the Study and funding application. The pedestrian crossing of TH7 would connect the high school to existing trails forming a segment of the Minnetonka Loop Trail System. . Estimated cost of a pedestrian bridge to cross TH7 is $519,365, with the federal government paying 80% of the cost. The City of Minnetonka and the Minnetonka Public Schools will share the local cost at a 50/50 ratio. . Existing conditions: Current enrollment at the High School is 1700 and is projected to approach 2700 within the next 10 years. Students have been walking across TH7 for years at random, unprotected crossing points to get to the school from the north side of TH7. While no fatal accidents have been recorded, the potential for something serious will only worsen with the school's projected growth. TH7 carries in excess of 30,000 vehicles per day. The highway is a four-lane divided arterial with a narrow center median. The 1986 TH7 Corridor study indicated the only upgrading projects for this area were limited to safety improvements. Some of these improvements are being implemented with the Delton Avenue reconstruction project. This project will include closing the slip-on and slip-off ramps in the vacitity of the school site. The other safety improvements recommended in the Corridor Study involge closing the right-in/right-out connections to TH7 at Linwood Terrace, Old Excelsior Blvd. and the 7-HI Shopping Center. The only signalized intersections in the high school vicinity are at vine Hill Road, 0.6 miles to the west, and TH101, 0.4 miles to the east. However, these intersections require pedestrians to cross five and six traffic lanes respectively. The pedestrian crossing cycle is too short to permit complete crossing before traffic is allowed to proceed. For surrounding land uses, area demographics, and accident data, see the attached report, March 17, 1994, pp. 4 & 5. . -11==9 March 17, 1994 Report on Proposed Pedestrian Crossing of Trunk Highway 7 at Minnetonka High School Minnetonka, Minnesota . . 1.0 Conclusions and Recommendations 1.1 Conclusions From the results of our studies and investigations, it is concluded that: 1. A pedestrian crossing of TII7 in the vicinity of the Minnetonka High School is warranted based on projected use, accident history, and inconvenient travel distance to alternative pedestrian crossing points. 2. A pedestrian tunnel to cross TII7 can be constructed at an estimated cost of $729,000. 3. A pedestrian bridge to cross TII7 can be constructed at an estimated cost of $519,365. Attractiveness features related to improving federal funding potential can be added for an estimated cost of $78,320. 4. If federal funding is obtained for a pedestrian tunnel, then the federal share is estimated to be $432,000 and the local match/share is $297,000. 5. If federal funding is obtained for a pedestrian bridge, then the federal share is estimated to be $354,180 and the local match/share is $243,505. 6. The City of Minnetonka and Minnetonka Schools will share in the local estimated cost at a 50/50 ratio. MINNE9401.00 Page 1 It is recommended that: 1.2 Recommendations 1. This report should be reviewed by the City Council, Minnetonka School District Board, respective staffs, and financial advisors. 2. Construction of a pedestrian bridge with added attractiveness features proceed at an estimated cost of $597,685. 3. An application for funding under Title I of the Intermodal Surface Transportation and Efficiency Act (ISTEA) should be submitted to the Metropolitan Council by April 1, 1994. . 4. Future community meetings should be conducted if federal funding is secured prior to proceeding with final design. 5. The improvements should be constructed as proposed in the report. . Report on Proposed Pedestrian Crossing of T.H. 7 Minnetonka, Minnesota MINNE9401.00 Page 2 Ar5eJ LOCA TION MAP EHCtNEERS-ARafJTFCTSIIPt.ANNERS ( CHECK APPROVAL LISTING FOR MARCH 28, 1994 COUNCIL MEETING CK NO TO WHOM ISSUED CHECKS ISSUED SINCE MARCH 8, 1994 13346 13347 13348 13349 13350 13351 13352" 13353 13354 13355 13356 13357 13358 13359 13360 .3361 3362 13363 13364 13365 13366 13367 13368 13369 13370 13371 13372 13373 13374 13375 13376 13377 _3378 ~3379 13380 13381 13382 13383 13384 13385 13386 13387 13388 13389 13390 13391 13392 13393 (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (L) (L) (L) (L) (L) (L) (L) (L) (L) (L) (L) (L) (L) (G) (G) (G) (G) (G) (G) (G) (G) (G) Sam's Club Mike MaIm Joseph Pazandak Wendy Davis Bradley Nielsen First State Bank Commiss of Revenue ICMA Retirement Trust City cty Credit Union AFSCME Local #224 Child Support Enforcmt Anoka cty suptjCollectn Pera AFSCME Council 14 Mn Dept-Natl Resources Airsignal, Inc. Wendy Davis City of Excelsior Finaserve, Inc. Northern States Power Pepsi Cola Co. Kenneth Potts Superamerica US West WMI Svcs of Mn Mr. Loren Nelson Bellboy Corporation Boyd Houser CandyjTobac Midwest Coca Cola Co. East Side Beverage Co. Griggs, Cooper and Co. Hoops Trucking Johnson Brothers Liquor Mark VII Mn Bar Supply paustis and Sons Ed Phillips and Sons Thorpe distributing The Wine Co. Per a Joseph Pazandak City cty Credit Union Secretary of State Wendy Davis' Michael MaIm Theresa Naab Bradley Nielsen Joseph Pazandak PURPOSE Officejbldg supplies Sump pump inspections Mileage Sec 125 reimbursement Sec 125 reimbursement Payroll deductions Payroll deductions Payroll deductions Payroll deductions Payroll deductions Payroll deductions Payroll deductions Payroll deductions March dental insurance Application permit Beeper services Sec 125 reimb 4th qtr water Gasoline purchases utilities Pop machine rental Feb prosecutions Gasoline purchases Telephone services Waste removal Recycling award Liquor purchases Misc and supplies purchases Misc purchases Beer and misc purchases Liquor and wine purchases Liquor and wine purchases Wine and misc purchases Beer and misc purchases Supplies Wine purchases Liquor and wine purchases Beer and misc purchases Wine purchases Payroll deductions Sec 125 reimb Payroll deductions Foundation filing fee Sec 125 reimb Sump pump inspections Conf expenses Sec 125 reimb Mileage TOTAL GENERAL TOTAL LIQUOR TOTAL CHECKS ISSUED -1- AMOUNT 131. 36 1,401.40 90.04 140.00 150.00 5,909.74 2,982.76 641. 57 285.00 158.80 92.50 167.33 25.00 224.00 458.30 9.58 77.00 2,315.00 357.51 2,238.49 11. 53 1,458.33 816.38 229.98 99.56 50.00 1,285.52 262.94 140.65 2,662.35 809.41 197.60 1,024.22 2,812.00 44.41 263.20 376.06 3,132.15 150.00 2,004.20 500.00 473.00 70.00 140.00 137.20 144.17 100.00 93.43 24,183.16 13,160.51 37,343.67 y' C:)\ 'y' OF ~~)HI.J~:\'r:I;,JD(JU CK APPROVAL [,ISTING FOR h{~:F;~CH ?(? < 1 '.;)9,:'./ C:()[Jf'..JC: I L i~iTG CHECK~ VENDOR NAME DESCRIPTION DEPT. AMOUNT -'-'-~--'--- ------------------.-..------ --_.._------~---~--------- ---_._~-- ---------- . . 13394 Al.ARMEX FIRE ALARM TEST PUB WKS 45.00 13395 JEFF REINHART DBA J AI'H TOR T f~\L. SVCS MUN I:;:L DG 236.00 l?;.Yh~, R 8< B SEAT COVEr? COMP!~NY F?FPATF?/r-"ECOVER SF.:AT PUB v.JKS 95.80 137,97 ElFT TIRE RECYCLERS DF liN FW{1:DSIDE CU::;()Nur.'J/TTRES RECVCL IN 10.t;:,.80 !::,?;<.;>S ROYEr." TRUCK PAFns 1','1lJFFLFF? F<EPATF<,/SUPPL. IES PUB v.JKS 13399 CARGILL SALT DIVISION SALT FOR TCE CONTROL 13400 CHASKA PARTS SERVICE \,;'EHICLE liAINT 13401 CROSSTOWN-Des. INC. eOFT.'FE SUPPL I FS 13402 EDEN PRAIRIE FORO 44:5.64 SNOW & I 1.608.27 PUB I;JKS _r:)l~, .. 47 MUN BLDG 70.50 \lFHICLF REP{~TF\~ SUPPL rES PUB I;JKS c;,88.00 1 ?:,40?; ES T COi1MUh! I C!;~ T TONS PHONE MAINT CONTRACT 1 ::';404 t::-F? I Ci{::;;ON , ROLF E.A. CONTRACT PAYMENT ASSESSING SUPPLIES *** TOTAL. FOR ERICKSON, ROl,F F.A. :L5405 EXCFLSIOF\'--CTTY CIi::: ~nGNp:L L TGHT UTIL 13406 FEED-RITE CONTROLS, INC. DEMURRAGE CHARGE .::1.9.. :;;')4 MUt-..j Ht DO PF?OF PF?OF SE:::? :~". T;';O. 00 SEE~ fl.84 ~~) .:; ~.?:~8 _ fJ4 Tf:U4F CON 1::;9..78 v.Jl~TEF? DE 40..00 13407 GOPHER STATE ONE-CALL. IN ONE CALL SVCS WATER DE ONE CALL SVCS SEWER DE *** TOTAL FOr<' GOPHEF? STATE ONE-CAt.. 4...::,0 13408 GRIFFCO, INC_ SHOP SUPPLIES 13409 HENNEPIN COUNTY TRFASUREr~ COUNT V POSTAGE 13410 HOISINGTON GROUP INC. PARK PLANNING SVCS PARK Pl..ANNTNG SVCS *** TOTAL. FOR HOISINGTON GROUP INC 13411 t-.IENNFPIN COUNTY TF<'E~)SUREFi' SPEC AS:WSS COUNTY CHG 1::,412 HENNEPH..j COUNTY TREASURER TAX BOOKS !;~ND FrCt-.IE 13413 J & R RADIATOR CORP_ R?-)DT~~TOF~ f~~EPAIR 13414 LIFE AND SAFETY FIRST AID SUPPLIES 17,41.<::, t1T1 DTSTF:TE\lnTNG COt"iJ:')i-~l",,!V h~>:C:HH-..!E h~-lrNT SI.JPPIITS 1.:';416 hFTh'O i,l..itiSTF COr-.jTF?OL Cllt'it'i.. C:C)t".~TF:{\CT P{iV~/iFi.-.jT 1341] MINNCOMM PAGING f:: [- E:' }:) F' h~ -2- r.. '":or" ",,:: .~ ,.:'...) ?_~~..S CITY Gf4R 87_72 GEI'-..! GOVT 10.58 PARKS & 2.673.17 PROJECTS 567_37 ::,).240.S4 GEN GOVT 116.4.S GEN GOVT 95_84 PUB I;JKS 315..00 CITY GAR E)0..80 Pili?, ItJKS 98 _ 7'7 SEWER DE 34,570..91 14 _ :?I~~~ " . . . CITY OF SHORFWOOD CK APPROVAL l.ISTING FOR hARCH 2971994 COUNCI L jviTG CHFCf{ff: VENDOR NAME DESCRIPTION DEPT. ----------.--------------- ----.---------.----------- -------- 13418 MN SAFETY COUNCIL. INC. REGIST FEE-NICCUM 13419 [:0111"11 5S I ONER OF TRANSPORT f;'17.L Al1P HJ.G S\/CS 13420 MN SUN PUBLICATIONS PUBLISHING 13421 MOUND-CITY OF TRAF CDl....! 2ND QTR FIRE CONTCT PMT FIRE PRO GEN GOVT 13422 MUNITECH. INC. CONTRACT PAYMENT CONTRACT PAYMENT *** TOTAL FOR MUNITECH. INC. 13423 NAVARRE TRUE VAlUE MA1NT SUPPLIES HA nn SUPPL I ES MAHn SUPPL IES l"iA I NT SUPPL I ES t"iAINT SUPPL IES l"'iAINT SUPPL IES *** TOTAL FOR NAVARRE TRUE VALUE 13424 PEER ENVIRONMENTAL AND TANK REMOVAL PROJ 13425 SO LK MTKA PUB SAFETY DEP APRIl.. CONTRACT PAYMENT ].3426 SUBURBAN TIRE COo. INC. TIRE & TIRE REPAIR 13427 TIME SAVER OFF SITE SEC MINUTES l"iTNUTES *** TOTAL FOR TIME SAVER OFF SITE 13428 TOLL COMPANY SHOP SUPPLIES-WELDING INSPECTION PERMIT CARDS PROT INS CITY G?iR 13429 TOTAL PRINTING SERVICES 13430 TWIN CITY WATER CLINIC (:iI10UNT 110.00 33~52 374.92 1,280.50 WATER DE 4,340.00 SEWER DE 1.860.00 f, . 200 _ 00 I.H.Ji'-J, BL DG PUB WKS CITY GAR CITY G?iR TRAF CON PARKS ~:. 187.00 CITY GAR 58 . 3_~. 12.76 10_42 31 . 58 22 ~ Sf, 51.33 2,834.92 PUB WKS POLICE P 34,040"89 80.56 GEN 80VT 255.75 PLANNING 267.75 .~l23 . 50 13431 UNITOG RENTAL SERVICES UNIFORh SERVICES WATER TESTING "'lATER DE CITY G{4R 13432 VIKING SAFETY PRODUCTS REPAIR SWR GAS DETECTOR SEWER DE 13433 WAGERS. INC_ TYPEWRITER MAINT 1?;434 WATERPRO SEWER REPAIR SUPPLIES 1 ~::;4~~.s lJJEEKL Y i,jEVJS. I NC PUBLISHING 13436 WIDMER, INC. PAYMENT VOUCHER ~2 *** TOTAL CHECKS FOR APPROVAL ***TOTAL CHECK APPROVAL LIST -3- 33.98 61.02 20.00 4.t::l1 .6.S MUN SLDG 65.00 '2.:)t:) ... f)~l SEWER DE 83.07 GEN GOVT 97.00 ------.-- 49~354_62 141,411.T? / 178,755.39 . ' CHECK APPROVAL LISTING FOR MARCH 28, 1994 COUNCIL MEETING CK NO TO WHOM ISSUED HOURS AMOUNT CHECK REGISTER FOR MARCH 22, 1994 PAYROLL 208219 (G) Colleen Lindskoog 35.25 reg hours 217.57 208220-21 Void 208222 (G) Jeff Chiles 28.5 reg hours 150.28 208223 (G) Charles Davis 80.0 reg hours 607.12 208224 (G) Wendy Davis 80.0 reg hours 777.64 208225 (L) John Fruth 5.5 reg hours 32.51 208226 (G) Patricia Helgesen 80.0 reg hours 639.42 208227 (L) Shawn Hempel 8.25 reg hours 44.19 208228 (G) James Hurm 80.0 reg hours 1445.73 208229 (L) Brian Jakel 5.5 reg hours 31. 02 208230 (G) Dennis Johnson 80.0 reg hours 813.67 208231 (L) Martin Jones 9.0 reg hours 33.19 208232 (L) William Josephson 80.0 reg hours 505.99 .08233 (L) Sandra Klomps 8.0 reg hours 42.85 08234 (L) Susan Latterner 8.0 reg hours 45.12 208235 (G) Joseph Lugowski 83.0 reg hours 784.23 208236 (L) Russell Marron 12.0 reg hours 66.87 208237 (G) Theresa Naab 80.0 reg hours 594.70 208238 (G) Lawrence Niccum 83.0 reg hours 889.62 208239 (G) Bradley Nielsen 80.0 reg hours 1030.87 208240 (G) Joseph Pazandak 80.0 reg hours 1066.30 208241 (G) Daniel Randall 80.0 reg hours 834.90 208242 (G) Alan Rolek 80.0 reg hours 1262.12 208243 (L) Brian Rosenberger 17.5 reg hours 88.70 208244 (L) Christopher Schmid 80.0 reg hours 401. 07 208245 (G) Beverly Von Feldt 80.0 reg hours 625.93 208246 (G) Ralph Wehle 80.0 reg hours 669.76 208247 (L) Dean Young 80.0 reg hours 640.97 208248 (G) Donald Zdrazil 80.0 reg hours 1187.93 .08249 (G) Howard Stark 72.0 vac hours 667.11 TOTAL GENERAL 14114.62 TOTAL LIQUOR 2082.76 TOTAL PAYROLL 16.197.38 -4- -. ,.:;~ '1W ~ M.::.i'OR Baro Branc:el COUNC! L Krini Stover Rce Oaugnel"tV Oaniel Lewis Bl'UClI Benson . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD.MINNESOTA 55331-8927 · (6121474-3236 MEM:ORANDUM TO: Planning Commission, Mayor and City Council \ FROM: Brad NielsenlJim Hurm DATE: 3 January 1994 RE: Comp Plan - City Water FILE NO.: 405 (Comp Plan - Comm. Fac.) - Based upon the direction given at the joint meeting between the Planning Commission and City Council, staff proposes to redraft portions of the Community Facilities Chapter of the Comp Plan Update which deal with municipal water. First, it has been suggested that the issues section. of the Chapter be redrafted to more fully describe the problems with the City's system as it currently exists. The revised text will elaborate a bit on the various issues which were studied two years ago (1. e. extensions to. new and existing development, depreciation of the system, escalating operation costs, etc.). The concensus of the Planning Commission and Council is to establish a goal for extending municipal water to the entire city within 10 years. To accomplish this goal, staff has identified certain basic areas of decision which must be addressed to improve the feasibility of a citywide system: . Water Policies 1. Properties get assess~ when the water line goes by (no deferrals). 2. Hook up required wiLi.in one year. Three years? 3. Bud2et for capital imt>rovements in 2eneral fund. .... ... - 4. Flat rate assessments on unit basis (Le. all lots, regardless of size, pay the same assessment) . fA A Reside.,,:,;;"al Comm:.Jnir'l on L::ke J~jir::7ir:cnka;s Sou:i? Shere .. . '--- -- '" Re: Comprehensive Plan City Water 3 Janwuy 1994 The Comprehensive Plan is considered the most appropriate forum in which. to address City water. In addition to setting forth the goals, policies and plans for a municipal syStem, it puts this issue in context with the other elements of community development (i.e. streets, land use and na.timU resources). It also involves a public review process which provides for scrutiny and input from the residents of the community. . Following is a tentative schedule for completion of the Comprehensive Plan Update and a subsequent public review process: - Febrwuy - begin review of Land Use and NaturaI Resources Chapters March ~:finalize Land Use and Natural Resources Chapters - ~cuss revised ~ommunity Facilities Chapter re: city water - joint meeting of Planning Commission and Council April - conduct a series of neighborhood meetings (per.haps 4 to 8) May - disCuss revisions to Plan based upon public input June - hold. a public hearing and adopt Comp Plan Update subject to review by Metropolitan Council Even. beyond this process the City would need to hold one, or more likely, a series of special assessment public hearings following preliminary design and before full design. It. is1ikely that the earliest. construction could reasonably begin is Spring 1995. . It is iniportant to recognize that thererea1ly is no "point of no return It until the pipe is in. * The proposed goal is to extend water to the entire city within 10 years. Even if the City decided to move that up to 3 years as had been discussed 2 years ago, very little pipe could be in the ground before 1995. . Consulting fees are estimated to be $2000 legal, $3000 financial, .and $10,000 engineering just to get us to a special assessment hearing. *These funds should be set aside in advance, especially if they are to be spent all in one year. * Remember, we didn't even get to the special assessment hearing stage two years ago. We just had public information meetings. cc: Tim Keane Joel Dresel Al Rolek - 2 - ..i ." cO YEARLY IMPACT (DOLLARS) (h ~ (h 8 (h 8 ~ ~ 8 8 z o Z m ~ ~ w w s.a en o ::;:, > "'...... -0 ""~ ~ =- -x :gr;; (h ..... 8 (h Cl:l 8 '"t7 ;:0 o '"t7 m ~ -t ~ - 3: '"t7 > (") -t 1&3 II !lIl ~I ... (h <h (h (h S S '" .... S S @ @ ~ @ ~ ~ ~ <. )> E r- c C m m m m :I: :I: :I: ...,.. 0 0 0 a 3;: 3;: ~ 3;: m m m m ,~ Page 1 of 3 SESSMENT RATE VS. MILES CONSTRUCTED TAL FUNDING TO REBUILD 40 YEAR CYCLE ;Y OF SHOREWOOD WAAY 25.1994 H NO ASSESSMENT MSA AND LOCAL ROUTES TOTAL % OF CITY MSARI MilES MILES TOTAL MILES YEAR STATE ($) CITY ($) (7) (1 ) (2) 0.89 1.28 2.;i1% 1993 $250.000 $27.799 0.89 1.28 2.51% 1994 $250.000 $27,799 0.89 1.28 2.51% 1995 $250.000 $27,799 0.89 1.28 2.51% 1996 $250.000 $27.799 0.89 1.28 2.51%. 1997 $250.000 $27.799 6.40 12.53% FIVE YEAR TOTAL 5ESSMENT RATE OF 10% OF THE COST OF LOCAL ROAD TOTAL % OF CITY MSAf MILES MILES TOTAL MilES YEAR STATE ($) CITY ($) (7) (1 ) (2) 0.89 1.28 2.51% 1993 $250.000 $27.799 0.89 1.28 2.51% 1994 $250.000 $27,799 0.89 1.28 2.51% 1995 $250.000 $27,799 0.89 1.28 2.51% 1996 $250.000 $27.799 0.89 1.28 2.51% 1997 $250.000 $27,799 6.40 12.53% FIVE YEAR TOTAL ~ESSMENT RATE OF 20% OF THE COST OF LOCAL ROAD TOTAL % OF CITY MSA MILES MILES TOTAL MILES YEAR STATE ($) CITY ($) (7) (1 ) (2) 0.89 1.28 2.51% 1993 $250.000 $27.799 0.89 1.28 2.51% 1994 $250.000 $27.799 0.89 -1.28 2.51% 1995 $250.000 $27,799 0.89 1.28 2.51% 1996 $250,000 $27,799 0.89 1.28 2.51% 1997 $250.000 $27.799 6.40 12.53% FIVE YEAR TOTAL NOTES: (1) CURRENT STATE AID FUNDING AI (2) LOCAL FUNDS NEEDED TO FINN (3) MILES THAT COULD BE BUILT@ $1 ASSESSTR.XLS