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051208 CC Reg AgPCITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, MAY 12, 2008 AGENDA 1. CONVENE CITY COUNCIL MEETING A. Roll Call 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. Mayor Lizee Woodruff Turgeon Bailey Wellens 2. 3. 4. B. Review Agenda APPROVAL OF MINUTES A. City Council Work Session Minutes, April 28, 2008 (Att. -Minutes) B. City Council Regular Meeting Minutes, Apri128, 2008 (Att.- Minutes) CONSENT AGENDA -Motion to Approve Reins on Consent Agenda & Adopt Resolutions Therein: NOTE: Give the public an opportunity to request an item be removed from the Consent Agenda. Comments can be taken or questions asked following removal from Consent Agenda. A. Approval of the Verified Claims List (Att.- Claims List) B. City Clerk's License Approvals -Biennial Gambling License for American Legion Post #259 (Att. -Deputy Clerk's memorandum, Resolution) C. Liquor License Renewals (Att. -Deputy Clerk's memorandum, 5 Resolutions) D. Authorize Expenditure of Funds for Seal Coat Aggregate (Att. -Engineer's memorandum) E. SLMPD Proposal for Providing Seasonal Park and Dock Patrol Services in Excelsior (Att. -Acting Administrator's memorandum) F. Appeal Notice to Remove (Att. -Planning Director's memorandum) Appellant: Commercial Mortgage Fund LLC Location: 20540 - 20542 Excelsior Boulevard MATTERS FROM THE FLOOR (No Council action will be taken.) 5. REPORTS AND PRESENTATIONS CITY COUNCIL REGULAR MEETING AGENDA -May 12, 2008 PAGE 2 OF 2 6. PUBLIC HEARING 7. PARKS 8. PLANNING -Report by Representative 9. GENERAL/NEW BUSINESS A. Schedule a Public Hearing Date Regarding Ward System (Att. -See Item #3 from the May 12 Work Session agenda packet) B. Authorize Notices to Connect to the City's Sanitary Sewer System (Att. -Engineer's memorandum) 10. ENGINEERING/PUBLIC WORKS A. Approve Plans and Specifications and Authorize Advertisement for Bids for the 2008 Mill and Overlay Project, City Project 08-04 (Att. -City Engineer's memorandum, Resolution) 11. STAFF AND COUNCIL REPORTS A. Administrator & Staff 1. City Hall Remodeling Project Update 2. City Administrator Search Update B. Mayor & City Council 12. ADJOURN ( ITI' U F SHOREWOOD 5755 COUNTRY CLUB ROAD •SHOREWOOD, PVIINNESOTA 55331-8927 • (952) 474-3236 FAX (952) 474-0128 • www.ci.shorewood.mn.us • cityhall@ci.shorewood.mn.us Executive Summary Shorewood City Council Regular Meeting Monday, l2 May, 2008 A 6:00 p.m. Work Session is scheduled this evening. Agenda Item #3A: Enclosed is the Verified Claims List for Council approval. Agenda Item #3B: The American Legion Post No. 259 has held a Biennial Gambling License for the past several years. It is time for the Post to renew its license for the next two years, as the current license expires on June 30, 2008. The State of Minnesota Gambling Control Board requires a resolution of approval from the City in which the site is location. As appropriate fees have been paid, and there have been no gambling violations within the past two years, approval of a resolution is in order. Agenda Item #3C: It is time for the renewal of liquor licenses held by local businesses. The Minnetonka Country Club and the American Legion Post #259 currently hold on-sale liquor licenses in the City. Cub Foods currently holds a 3.2 percent off-sale malt liquor license. Park Square Subway (dba Shorewood Liquor) and The Cellars Wines and Spirits of Shorewood, Inc. both hold an off-sale intoxicating liquor license. All licenses expire on May 31, 2008. All licensees have submitted appropriate liquor license documentation and license renewal fees. Background checks were processed, and there were no disclosable records for convictions within the past year of any violation of laws relating to the sale of liquor for these five establishments. Five resolutions granting the individual licenses for the one-year term of June 1, 2008 -May 31, 2009 are provided for Council approval. Agenda Item #3D: The City of Shorewood encumbered $300,000 of the operating budget for the road maintenance within the City. Staff recommends that the proposal for furnishing sealcoat rock be awarded to the low quoter Martin Marrieta Materials, Inc., with a quote of $43,760.00 plus tax. Agenda Item #3E: The City of Excelsior has requested a proposal from SLMPD for seasonal park and dock patrol services for 2008. While this proposal does not impact the City of Shorewood directly, under the SLMPD Joint Powers Agreement, if a member city requests exclusive supplemental services from the SLMPD all parties of the Joint Powers Agreement shall review and approve such proposals. ®s ~®«® PRINTED ON RECYCLED PAPER Executive Summary -City Council Meeting of May 12, 2008 Page 2 of 2 The proposal has been presented to the City of Excelsior and has been accepted by the City Council of Excelsior, and has been recommended for approval by the SLMPD Coordinating Committee. Agenda Item #3F: Commercial Mortgage, LLC was sent a "Notice to Remove" for construction debris on the property at 20540/20542 Excelsior Boulevard. They have sold the property to a developer, who will close on the property on 9 May. Staff has suggested an extension of time to comply of 10 days (19 May). Agenda Item #9A: At the Council work session to be held earlier Monday evening, Council will discuss the schedule and timing for reconsidering the election ward system. From that discussion, if Council determines to proceed with taking action for the 2008 Election, a public hearing needs to be scheduled. This item provides Council an opportunity to schedule a public hearing regarding the ward system for June 9, 2008, at 7:00 p.m. A resolution and an ordinance amending Chapter 106 would have to be adopted the night of this hearing. Agenda Item #9B: City Code 904 indicates the property owners that abut the public sanitary sewer, shall connect within 90 days of notification from the City Council. Enclosed are three letters to the property owners providing notice of the requirement to connect to the public sanitary sewer to comply with City Code. Agenda Item #10A: The City of Shorewood encumbered $300,000 of the operating budget for the road maintenance within the City. Staff proposes $120,000 of the $300,000 to mill & overlay Blue Ridge Lane, Cathcart Drive and Apple Road. Staff recommends adopting a resolution approving plans and specifications and authorizes advertisement of bids for this mill & overlay project. If approved, bids will be opened on Wednesday, June 4 at 10:00 a.m. CITY OF SHOREWOOD CITY COUNCIL WORK SESSION MONDAY, APRIL 28, 2008 MINUTES 1. CONVENE CITY COUNCIL WORK SESSION 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 6:00 P.M. Mayor Lizee called the meeting to order at 6:02 P.M. A. Roll Call Present. Mayor Lizee; Councilmembers Bailey, Turgeon, Wellens, and Woodruff; Acting Administrator/Director of Public Works Brown; Finance Director Burton; and Engineer Landini Absent: None B. B. Review Agenda Mayor Lizee requested Item 6, Discussion Regarding Funding for the City Hall Renovation, be added to the agenda. Wellens moved, Bailey seconded, Approving theGAgcnda as Amended. Motion passed 5/0. 2. ADMINISTRATOR'S PERFORMANCC REVIEW FORMS Acting Administrator Brown stated the Council had requested it have a discussion regarding the forms used for the City Administrator's performance evaluation. He stated the meeting packet contained the current evaluation form, the current ,job description for the position, as well as evaluation forms from Springsted Incorporated, other municipalities, and the International City/County Management Association (ICMA). Mayor Lizee stated it was an appropriate time to update the current evaluation form. She thanked Sharon Klumpp, with Springsted Incorporated, for providing evaluation forms from other communities. She suggested if a new City Administrator was hired by mid-year then the first performance evaluation could be done in December of this year, and again one year from the date of hire; after that the evaluation would be done yearly. The following comments and clarifications were made by Councilmember Turgeon. - The current schedule for evaluating the City Administrator was to conduct an informal evaluation mid-year and to conduct the formal evaluation at year-end. - There appeared to be multiple interpretations for the current performance standards. She suggested the performance standards section be eliminated and those performance standards worth keeping be incorporated into the responsibility section. - An attempt should be made to make the evaluation criteria more objective. - There were items that were included in multiple performance categories. - She liked the format of the current evaluation form. #2A CITY OF SHOREWOOD WORK SESSION MEETING MINUTES April 28, 2008 Page 2 of 7 - Questions from the sample evaluations could be incorporated into the City's evaluation. She liked some of the questions in the evaluation forms from the cities of Perland, Texas, and Diamond Bar, California. - She liked the form from Diamond Bar, although it could require the services of a professional to compile the data from each of the Councilmember's evaluations into one overall evaluation. - It could be appropriate to use a combination of the Diamond Bar format and the City's format. The following comments and clarifications were made by Councilmember Wellens. - The format of the evaluation form was fine. - He had previously submitted a list of specific tasks that could be included in the evaluation form. For example, comparing the City's performance in specific areas to other cities' performance, how often Staff completed things Council had requested, the number of resident calls answered, Staff initiated follow-up on status reports requested by Council, etc. 5i. The following comments and clarifications were made by Conncilmember Bailey. - Based on his experience with his current emplo}per, for administrative functions similar to the City Administrator position it_ was not wise to have too many specific numerical performance standards (e.g., how many phone calls were answered). Those types of things were expectations that were more appropriately identified in the job description. The position was not a line operation which. was evaluated by volume output. Caution should be exercised to not he too spccitic. - A responsibility was a performance standard; therefore incorporating the current standards into the responsibility scction~would be appropriate. - It was important the evaluation criteria were consistent and that it would be possible to evaluate the person on the criteria. - He did not think there were many problems with the current evaluation standards, although there were probably some that could be added or deleted. - He was comfortable ~a-ith the current format. - He thought the format of the form from Diamond Bar was also fine (provided the questions would not be too specific) and the questions in that form were good. A format similar to Diamond Bar's could be done as a spread sheet which would make the compilation of the evaluations easier. - He would be reluctant to use the sum of the scores of each of the weighted criterion for each of the Councilmembers as the final evaluation ranking. There must be more subjectivity to the evaluation. The following comments and clarifications were made by Councilmember Woodruff. - He had provided Acting Administrator Brown with his proposed revisions to the current evaluation form. - He thought the format was fine. - He thought there was a lack of some specificity. - He could support deleting the performance standards section and incorporating those standards worth keeping into the responsibility section. - He suggested Council have more discussion on how it expected to take output from the discussion about the evaluation form and transform that into a revised evaluation form. CITY OF SHOREWOOD WORK SESSION MEETING MINUTES April 28, 2008 Page 3 of 7 - He suggested someone with. professional experience in developing evaluation forms be contracted with to orchestrate this effort. - He had not spent much time considering the sample forms provided. - He thought it would be possible to take the items in the current form and redistribute them into a format similar to the one from Diamond Bar. That format would force the Councihnembers to consider each criterion individually. The following comments and clarifications were made by Mayor Lizee. - She thought the current evaluation form was somewhat onerous. - She thought the Diamond Bar's evaluation form appeared to allow for a more objective evaluation than the City's form did, and the Diamond Bar form was easier to use. - She thought each of the performance categories should be specific without being overly detailed to the point of including specific job task measures. - She suggested Sharon Klumpp, with Springsted Incorporated, may be able to help create the evaluation form, or she may have a referral who could. There was consensus to have Staff merge the City's criterion intothe form from Diamond Bar. Different fonts would be used to indicate it was the City's criterion. 3. DISCUSSION REGARDING USE OF LIQUOR FUNDS Director Burton explained the City's Municipal Liquor Operation was discontinued in December 2007 and both stores were sold at that time. Both stores showed ail operating loss for 2007. That downward trend was known earlier in the year and it was a factor behind the decision to sell the stores. The operating loss was offset by a gain on sale of asset, resulting in combined net income before transfers of $305,000. The cash proceeds in the Liquor FEmd at ?007 year were about $932,000. After all known obligations were satisfied, including potential future unemployment claims estimated at about $16,000, the Liquor Fund balance would be slightl~~ more tha^ $900,000. Burton encouraged Council to consider any and all options for use of the Liquor Fund balance. For discussion purposes, she suggested Council could consider the following options. Use all or part of the proceeds to directly fund a specific one-time project such as the renovation of City Hall, a major environmental or park project, or another project that would benefit the City. 2. Use all or part of the proceeds to pay the debt service requirements for a project that could be financed by issuing bonds. For example, if bonds were issued to renovate City Hall the remaining Liquor Fund balance and/or any interest income it might generate, could be used to meet the annual principal and interest payment on the bonds. 3. Invest the principal balance and use only the interest income for desirable programs on an annual basis. If the City received 4% - 5% on its investments, the interest income on $900,000 could be $36,000 - $45,000 per year. The General Fund had been a beneficiary of annual transfers from the Liquor Fund of $40,000 - $50,000 per year, and the Council could decide to continue this custom as it had the effect of reducing the tax levy for general operations. CITY OF SHOREWOOD WORK SESSION MEETING MINUTES April 28, 2008 Page 4 of 7 4. Use the fiord to finance intenlal loans to other City fiords, i.e., allow other funds in need of financing to `borrow' internally from the Liquor Fund with repayment programmed at a market rate over a 3-5 year period.. Take no action at this tune and allow the available cash balance to increase pending future projects and/or emergencies. Burton noted the meeting packet contained a memo from the City's bond consultant discussing debt financing options for the renovation of City Hall. Mayor Lizee stated the City held a public forum on October 22, 2007, to discuss the sale of the Liquor Operations. At that forum residents expressed they would like to have input as to how the Liquor Fund balance would be used after the Liquor Operations were sold. She stated some of the balance could be used for things such as the City Hall renovation project; an environmental project; to establish a fund that could be used to provide residents with matching grants for neighborhood projects that would improve the environment; etc. She stated the Liquor Fund balance was the result of the sale of the City's 40-year- old Liquor Operation business. ~_, Councilmember Wellens suggested the planned city survey include a question with various alternatives for the use of the Fund balance. He stated a City would generally bond for fielding for something like the City Hall renovation in order to match the beneficiaries of the pro•jcct with paying for the project; the expansion would benefit future generations, therefore hev should help pay for it. He could support some of the Liquor Fund balance to fund a portion ($200,000 -- $300,000) of the renovation. He could also support using another portion ($150,000) for improvements to the parks. The remainder could be used to fund the Storm Water Fund. Councilmember Bailey stated he could support using the Fund balance for multiple uses, but he would not recommend using all of the balance Por one specific project. He then stated he thought it would be difficult to get the residents to coalesce on ho~~,~ the bend should be used, be it though a public forum or a survey. He thought a public forum ma}~ result ins a narrower subset of ideas coming forward than from a survey. Councilmember Turgeon stated she agreed with Councihnembers Bailey and Wellens. She then stated she could support using a portion of the Fund balance for the City Hall renovation. She stated she would want to keep some portion of the balance in the Fund for future contingency needs. Councilmember Woodruff stated he would like to have Staff prepare a matrix which would depict the impact of using the Fund balance for multiple purposes. He expressed concern about having a public forum because the public did not have the ability to understand all of the other things that were occurring within the City's operation. Also, residents would likely come to the forum to present their special interest projects. He commented that financing the City Hall renovation was closely tied to the use of the Liquor Fund balance, and he would support allocating some portion of the balance for the renovation. Director Burton stated the City would need athirty-day window prior to the first construction payment to pursue General Obligation Capital Improvement Plan Bonds or Lease Purchase Revenue Bonds financing. She commented there were economies of scale in bonding. Director Burton suggested a separate work session be scheduled to have the City's bond consultant discuss the details of different types of bonding and different options available. The Council indicated interest in scheduling awork-session at the May 12 council meeting. CITY OF SHOREWOOD WORK SESSION MEETING MINUTES April 28, 2008 Page 5 of 7 Councilmember Bailey stated it appeared as if the Council would have to make some decisions on the use of the Liquor Fund balance before there would be time to gather public input about the use of the Fund balance. Councilmember Wellens stated the City had indicated to the public that it would solicit the residents' feedback on how to use the funds. 4. DISCUSSION OF INVESTMENT POLICY Director Burton stated Councilmember Woodruff requested a discussion of the City's investment policy. The meeting packet included copies of the City's Investment Policy, the City of Aitkin's Investment Policy, and a document prepared by the League of Minnesota Cities (LMC) about City Deposits and Investments. Burton explained the City's Investment Policy was based on Minnesota State Statute and was adopted in 1996. The Policy had formed the basis of the City's investment practices these past years. She stated she and Councilmember Woodruff had received, via e-mail, a copy of Aitkin's Investment Policy which had recently been adopted by Aitkin's City Council and its Public Utilities Commission. The Aitkin policy had later been e-mailed to Councilmembers. She explained Aitkin's policy also followed Minnesota State Statute very closely and appeared to have been based on the sample model investment policy outline included in the LMC document. She stated if Council decided to update the City's investment policy, the LMC document provided a good basis, especially in the area of defining investment objectives. Burton then explained at 2007 year-end the City's cash and investment portfolio was about $25.6 million. Approximately $10 million was designated as EDA bond refunding proceeds and was invested by and with U.S. Bank as trustee, per the EDA bond covenants. The remaining $15.6 million represented the City's cash and investment balances across all finds. "1'he $15 million was invested with 9-10 different brokers and was divested primarily in United Staters securities including U.S. treasury and government agency notes; Certificates of Deposit (Cll's); Commercial Paper rated A1P1 or better; and the 4-M fund, the League of Minnesota Cities Minnesota Municipal=Money Market Fund (a Minnesota joint powers investment trust). All securities ~-vcrc held in safekeeping at the financial institutions and were collateralized appropriately as required. Approximately $4.5 million (29-30% of the portfolio) was kept in liquid accounts such as the 4M Fund and the City's Treasury Cash Series Sweep Account at Beacon Bank. In 2007, the City received $052,000 in interest income across all funds. With regard to delegation of authority, Buz-ton explained the City's Investment Policy placed authority and responsibility for conducting investment transactions with the Finance Director/Treasurer, and in their absence, the City Administrator. That was similar to the LMC document which stated "in most cities the treasurer or chief financial officer is usually the person given this function." With regard to broker notifications, Burton explained the City's Finance Deparhnent prepared Broker Notification forms and obtained certifications annually. The Broker Notification forms were designed to document compliance with the requirement that all investments were to be made in accordance with Minnesota State Statutes and the City's Investment Policy. With regard to the City's investment objectives, Burton stated the City's Investment Policy was somewhat vague regarding investment objectives. Staff recommended the City's objectives be clarified in an updated policy. In practice, the following investment objectives were generally observed: 1) safety of principal -the foremost objective for the City's tax dollars; 2) liquidity -the portfolio must remain sufficiently liquid to meet all operating costs, especially given the periodic nature of tax receipts; 3) diversification - a variety of investments and brokers minimized exposure to loss; and, 4) yield -efforts were made to attain amarket-average rate of return. CITY OF SHOREWOOD WORK SESSION MEETING MINUTES Apri128, 2008 Page 6 of 7 Mayor Lizee stated it was tune to update the City's 12-year-old Investment Policy. She suggested the City's investment objectives be clarified and the Policy be updated to the LMC's model. She suggested the City's auditor comment on the updated Policy before it was presented to Council. In response to a comment from Councilmember Wellens, Councilmember Bailey stated not all of the investments were FDIC insured. Councilmember Woodruff stated there was other surety that could be obtained and that was covered in the State Statute. Councilmember Wellens stated the City's Policy stated officers and employees involved in the investment process shall refrain from personal business activities that could conflict with the investment process, or which could reasonably cause others to question or doubt their ability to make impartial investment decisions. He suggested the City policy also state the officers and employees must disclose if they had any conflict of interest. Councilmember Woodruff stated what could have been a reasonable investment 1.5 years ago may not be so today, even though it was allowed by State Statute. If the City's objective was preservation of principal, then there could be investments allowed under the State Statute the City would not want to consider. He stated he would submit a list of investments allowe~~under the State Statute that he did not think the City should do. Councilmember Bailey stated based on his experience it was very easy in hindsight to say a certain investment should not have been made, but it was very difficult to say,in foresight that an investment was very risky. He agreed the Investment Portfolio should not be invested in stocks, but he thought the City should take a little more risk than just investing in 7~reasury Bills. There was a lot of middle ground for investments between those two investment scenarios. I-Ic stated from his vantage point it was the intent that should drive investment decisions. Problems often resulted when an investment authority was "yield hungry" and stretched for yield. He then stated because the City's prime objective was safety of principal the City should continue to invest in conservative investments that would most likely be safe when there was a downturn in the economy. fTc also stated it would be almost impossible to write an investment policy which in detail would put limits on ~a~hat could and could not be invested in. Councilmember Woodruff stated his intent was not to suggest that the Policy identify a specific list of issuers of securities. He did think it ~~~as possible to prepare a list of the types of investments. He suggested Council be provided with pros and cons on the types of allowable investments. Councilmember Bailey stated the list of allowable investments already identified was a fairly generic set. Mayor Lizee expressed concern that Council was making a decision to become too involved in the City's investments, which were already regulated by State Statute. She stated she did not think the Council had the expertise to decide how the City's investment portfolio should be invested. She clarified she was very interested in the investment process. Director Burton stated the City had never had a default or a loss in its investment portfolio. She further stated that she worked with a number of very experienced and talented brokers who provided very good investment advice. She stated that the City investments were very conservative and cautious. Director Burton stated she thought she could have a revised Investment Policy, which would be reviewed by the auditor, available for review and discussion by Council at a May 27, 2008, Council work session. CITY OF SHOREWOOD WORK SESSION MEETING MINUTES April 28, 2008 Page 7 of 7 5. DISCUSSION REGARDING FIBER OPTIC SERVICES This item was continued to a future work session. 6. DISCUSSION REGARDING FUNDING FOR TAE CITY HALL RENOVATION This item was not discussed because be the work session had to be adjourned to conduct a City Council Regular meeting. 7. OTHER There was no other business for discussion. 8. ADJOURN Wellens moved, Bailey seconded, Adjourning the City Council Work Session Meeting of April 28, 2008, at 7:00 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder ATTEST: Christine Lizee, Mayor Lawrence A. Brown, Acting City Administrator/Clerk CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS MONDAY, 28 APRIL, 2008 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL WORK SESSION Mayor Lizee called the meeting to order at 7:05 P.M. A. Roll Call Present. Mayor Lizee; Councilmembers Bailey, Turgeon, Wellens, and Woodruff; Attorney Keane; Acting Administrator/Director of Public Works Brown; Finance Director Burton; and Engineer Landini Absent: None B. Review Agenda Mayor Lizee requested Item 9.B, Discussion of Change of llate for the First City Council Regular Meeting in May 2008, be added to the agenda. Wellens moved, Woodruff seconded, Approving the Agenda as amended. Motion passed 5/0. 2. APPROVAL OF MINUTES A. City Council / PlanningComntission Joint Meeting Minutes, April 14, 2008 Woodruff moved, Turgeon seconded, Approving the City Council and Planning Commission Joint Meeting Minutes of April 14, 2008, as presented. Motion passed 5/0. B. City Council Regular Meeting Minutes, April 14, 2008 Woodruff moved, Bailey seconded, Approving the City Council Regular Meeting Minutes of April 28, 2008, as presented. Motion passed 5/0. 3. CONSENT AGENDA Mayor Lizee reviewed the items on the Consent Agenda. Wellens moved, Woodruff seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. A. Approval of the Verified Claims List B. City Clerk License List -Tree Trimmer and Commercial Lawn Fertilizer Applicators #ZB SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES Apri128, 2008 Page 2 of 15 C. Approval of Request for the Wells Fargo Lake Minnetonka Half Marathon to traverse the City on Sunday, May 4, 2008 D. Approval of an Agreement with Minnetonka Community Education for Lifeguard Services for Crescent Beach (This was moved to Item 9.C under General/New Business.) E. Approval of the Spring Clean-up Contract for Services F. Accept Plans and Specifications and Authorize Advertisement for Bids for 2008 Sealcoating of Streets, City Project 08-02 (This was moved to Item 9.D under General/New Business.) G. Authorize Expenditure of Funds for City Code Book Update (This was moved to Item 9.E under General/New Business.) Councilmember Wellens stated that for certain events, such as, he Wells Fargo Half Marathon, the participants used public roadways (e.g. Hennepin County Road 19) rather than the public trails and was puzzled about this choice. Mayor Lizee stated that perhaps that was one of the reasons the cities of Shorewood, Tonka Bay and Orono and Hennepin County were considering a trail along County Road 19. Motion passed 5/0. 4. MATTERS FROM THE FLOOR There were no matters from the floor presented this. evening. 5. REPORTS AND PRESENTATIONS' A. Linda Murrell, Director of the South Lake Excelsior Chamber of Commerce, Request for Fundin~?`for the Lake Minnetonka 4th of July Celebration Chair Lizee stated Linda Murrell, Director of the South Lake-Excelsior Chamber of Commerce, was present this evening to make an annual request for funds for the Lake Minnetonka 4`~' of July Celebration. Acting Administrator Brown stated that the City traditionally had contributed funds for the event. He noted the 2008 Operating Budget included $2,200 for the event. Ms. Murrell stated this year's celebration would again be an ambitious, patriotic, and family oriented event. The day's activities included a firecracker race, fireworks display, children's parade, a sandcastle building contest, a fishing contest, popular bands from the Twin Cities area, and a performance by the Minnesota Orchestra. Organizers were trying to anticipate what the impact of higher gas prices would be; they questioned if there would be more people in attendance because they would not go boating. Ms. Murrell stated the second annual Feed the Fireworks fundraiser would be held on Monday June 2, 2008, at area restaurants. SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES April 28, 2008 Page 3 of 15 Ms. Murrell stated that she was present this evening to ask the City to contribute funds that would help offset the costs for the event (e.g., public safety, permits, etc.). The cities of Excelsior, Deephaven, and Tonka Bay had already agreed to make a contribution and Greenwood would consider the request at its next City Council meeting. Mayor Lizee stated the event had been along-standing community event, attended from residents of the South Lake area and other Lake Minnetonka communities, as well as by people from outside the Lake area. She noted the fireworks in Excelsior were the only public fireworks on Lake Minnetonka. She stated volunteers from throughout the community helped at the event; she had been a volunteer for many years. She commented the City's most recent newsletter mentioned the need for donations for the fireworks display and recommended the City continue with its support for the event. Councilmember Wellens noted if the contribution was approved the City would contribute $2,200. Excelsior had agreed to contribute $2,000, Deephaven had agreed to contribute $1.,200, Tonka Bay had agreed to contribute $1,100, and Greenwood would consider a request to contribute $1,200 at its next City Council meeting. ~9 Wellens moved, Woodruff seconded, Authorizing $2,200 ` of Funding to the South Lake - Excelsior Chamber of Commerce's Lake Minnetonka Fourth of July Celebration Activities. Motion passed 5/0. 6. PUBLIC HEARING None. 7. PARKS Acting Administrator/ Public .Works Director Brown stated there had not been a Park Commission meeting since the last City Council regular meeting. 8. PLANNING -Report by Representative Commissioner Gagne reported on matters considered and actions taken at the April 15, 2008, Planning Commission meeting (as detailed in the minutes of that meeting). A. Conditional Use Permit for City Hall Building Addition Applicant: City of Shorewood Location: 5755 Country Club Road Acting Administrator Brown stated the City had selected Collaborative Design Group, an architectural firm, to prepare plans for the renovation of the Shorewood City Hall building, located at 5755 Country Club Road. The building was constructed in 1981 and it was expanded to its current size during the mid 1980s. The building was located on the 9.86-acre Badger Field complex which was zoned R-1C, Single-Family Residential. The City proposed adding approximately 1236 square feet of new space as part of a renovation project. Because governmental buildings were conditional uses in residential districts, the City had requested a revision to its current conditional use permit (C.U.P.) for the project. A public hearing was held on April 15, 2008, on the request. SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES Apri128, 2008 Page 4 of 15 Brown explained the existing structure contained approximately 5046 square feet of floor area, not including the basement area. The basement area was not ADA (Americans with Disabilities Act) accessible, and it was currently used for dead storage. That usage would remain the same after the renovation. The proposed renovation would include a 12-foot by 35-foot extension on the rear of the building and a 24-foot by 34-foot extension on the north side of the building. The extension on the north side of the building would allow for the Council Chambers to remain on site. A new entry would also be added on the north side. Brown reviewed how the proposed renovation would comply with the conditions set forth in Section 1201.11 Subd. 4. of the City's Zoning Code for a governmental building in a residential zoning district. The property was relatively well screened and landscaped where it abutted residential uses. The thick vegetation located south of the building should be preserved during construction. While the west elevation did not abut a residential use, it did face the street. Therefore, landscaping should be done on the west side of the building to soften and break up the mass of the structure. , 2. The project was considered to be consistent with the Shorewood Comprehensive Plan. The Badger Field property was designated for public use. The City Hall building, including its proposed expansion was not incompatible with surrounding uses. In fact the office use of the property served as a transition between the coimnercial areas to the northand west acid to the residential areas to the south and east. ~ ~' 4. The existence of City Flan had .not depreciated the value of the surrounding area. The proposed rcnovation, including the expansion, would have no adverse impact on City services (i.e. utilities; police or fire). Brown noted that the Planning Commission unanimously recommended approval of the revision to the City's current conditional use permit for the City Hall building for a renovation project, subject to a landscape plan being developed for the west side of the building. Turgeon moved, Bailey seconded, Adopting RESOLUTION NO. 08-031, "A Resolution Granting a Conditional Use Permit for the Renovation and Addition to the Shorewood City Hall." Mayor Lizee stated at a Council work session held just prior to this meeting she had added an item to the agenda to discuss funding for the City Hall renovation project. Due to a lack of time that item was not discussed; therefore, she would like that discussion to occur at this time. She explained the City held a public hearing on this request on April I5, 2008. The hearing was noticed to the City's residents through the City's official newspapers and the ShoReport; no residents came to the public hearing. On April 12, 2008, the City held an open house on the proposed renovation; three residents and one non-resident came to the open house. She stated she had concerns about financing the renovation; the current estimated cost for the renovation ranged from $850,000 to $925,000. She questioned if that would be the best use of the City's funds and/or financing opportunities given the economy. She recommended Council have more discussion about financing the renovation, and the impact financing the renovation would have on addressing other needs of the City. SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES April 28, 2008 Page 5 of 15 Councilmember Turgeon commented that the Council agreed to have the City's bond consultant discuss bond financing options at a future work session. Mayor Lizee stated the renovation project was a major project and City Hall was "the face" of the City. She agreed there were some aspects of the building that were inadequate and the building needed to be updated. She thought it would be prudent to discuss financing for the project, and the impact it would have on the City's budgets. Councilmember Bailey questioned if financing was Mayor Lizee's only concern about the renovation project. Mayor Lizee stated she had reservations about spending close to $l million dollars to renovate a structure built in 1981. She had concerns that the drainage issues around the structure would not be completely eliminated, although they would likely be mitigated by excavating around three sides of the structure and reestablishing the drain the along with some granular fill to help take water away from the structure. Councilmember Woodruff stated from his vantage point Mayor Lizee had made her feelings perfectly clear by opposing the proposed renovation project in~`the past:. He then stated the architect had provided updates on the proposed renovation project to the Council at two work sessions. He went on to state the City held. the open house at Lizee's request and it was poorly attended by the public; and, no one attended the public hearing the City.. held. He also stated the Council would have the opportunity to have a discussion about issuing bonds to linaT~ce the renovation effort at a future work session. Woodruff stated as a point of order he wanted to call for a vote. Motion passed 4/1 with Lizee dissenting. B. Conditional Use Permit Amendment Applicant: iVIinnetonka Schoo! District #276 Location: Minnewashta Elementary - 26350 Smithtown Road Acting Administrator Brown stated INSPEC, a consulting engineering firm representing the Minnetonka School District, had submitted plans for atwo-phase expansion of the Minnewashta Elementary School, located at 26350 Smithtown Road. The school property was located in the R-lA, Single-Family Residential zoning district and contained approximately 21.37 acres of land. Because schools were conditional uses in residential districts, the District had requested a revised conditional use permit (C.U.P.) for the first phase of its expansion project. Brown explained the first phase of the project would add approximately 3000 square feet of space to the existing building for two new classrooms on the southwest corner of the building and some of the existing entry courtyard area would be enclosed to accommodate various administrative functions. The second phase of the project would add ].9,500 square feet space for six new classrooms on the west side of the building and a new gymnasium on the north side of the building. The current building contained 74,700 square feet of area. SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES April 28, 2008 Page 6 of 15 Brown noted that a public hearing was held on this request on April 1, 2008, and it was continued to April 15, 2008, for further discussion. With regard to the front parking lot which was proposed for total redesign, Brown explained the initial plan did not conform to the City's Zoning Code requirements. The applicant had redesigned the parking lot to comply with the dimensional requirements set forth in the Code. The revised plan for the parking lot would accommodate an 8-foot by 33-foot ladder fire truck as requested by Excelsior Fire District Fire Inspector Berglund. The revised plan also showed the driveway entries had been widened to 20 feet to meet Fire Code requirements. The revised plan proposed restricting the northernmost 11 parking spaces to no parking during morning student drop-off and afternoon student pick-up times. The revised front parking lot plan would result in increasing the number of parking spaces to 42 (including those in the 11-space drop-off are) from 26. Brown stated after the April 1, 2008, public hearing the applicant had submitted a special event parking plan which proposed to use the angled bus parking area more efficiently. On the west parking lot the District was anticipating having multi-colored striping plans which would be well posted. It would be difficult to have multiple striping plans for the overflow parking area because of the playground area; that area would require very strict supervision.~The multi-colored striping plans on the west parking lot would account for the addition of 62 parking spaces; those were in addition to the spaces added in the front parking lot. Brown stated the Planning Commission unanimously recommended approval of a conditional use permit for the Phase 1 expansion of the Minnewashta C;lementary School, subject to the applicant submitting a detailed written parking lot management plan that would be acceptable to the City and to the Excelsior Fire District. Brown, noted that Councilmember T2irgeon had previously stated there were still a number of issues that had to be addressed. She stated. a detailed written parking lot management plan must be submitted; the plan must address the overflow parking area as well as the regular parking area. Brown commented that during the Planning Commission's discussions on this request it was noted that people knowingly parked underneath no-parking signs on Smithtown Road. He stated representatives from the District stated the District would provide parking lot supervision for School special events; Staff had had requested the District provide the City with a calendar of the School's special events. He then stated Staff recommended the detailed written parking management plan be monitored for at least one full school year before any consideration would be given for the Phase 2 expansion Brown stated the School District requested Council approve the Phase 1 expansion this evening; if the District did not start the construction effort within the next few days the renovation would not be completed by the start of school in the fall of 2008. He then stated Staff recommended the request be approved this evening. The City had control points such as the certificate of occupancy and inspection notices which the City could use as leverage to ensure an acceptable detailed parking lot management plan was submitted; that plan was somewhat independent of allowing the expansion construction to proceed. Commissioner Gagne stated the most significant issue for the Planning Commission was the parking on driveway on the west side of the building. During large events, primarily non-school sporting events, cars would be parked on both sides of the road to the point where a single car, let alone an emergency vehicle, could not get through. The applicant stated it would post both sides of that road "Fire Lane - No Parking". The Commission had discussed the problem with people parking directly SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES April 28, 2008 Page 7 of 15 under no-parking signs. The Commission also discussed the possibility of the District acquiring additional property to help solve its parking constraints; it did not think it would be right to lose the children's play area. Councilmeinber Wellens stated parking was noted as an area of concern when the School District added on to the building in 1999. At that time the District stated it would make sure the gate to the overflow parking area would be opened for special events and people were on-site to direct traffic to that area. Staff was not sure that was happening, and if it was, Staff was not sure if it was effective. Wellens then said he had approximately twenty-three reasons the request should be denied based on conversations the Planning Commission had about the request. Some of the reasons were as follows. - Amulti-colored striping plan could be confusing. - The possible use of an early notification system with the local police department where the police department would go to the area prior to those very large events and bag the "Fire Lane - No Parking" signs and it would allow the pubic to park on the streets. ~~ - The 15-minute window during the student drop-off and pick-up times when parking was very congested. - Situations where cars were double parked nest to the bank on the west side of the property. - The need for public education on parking regulations. - Changing the driveway on the west side of the building to restrict both sides of the driveway to "Fire Lane - No Parking", atl~the need for a Fire Inspector to issue violation tickets. Police .and fre resou~'~es should not spend their time ticketing parking violators; they had other priorities. - A detailed parking management plan4vould have no use if it wasn't enforced. - There were parki~lg related issues for non-school events which the District needed to address. - Towing companies often required payment up-front; that burden should not fall on the City. - .Who had legal authority to boot private vehicles needed to be determined. - If cars were booted they could be locked in a fire lane. - The detailed parking management plan had not been submitted. - The current student drop-off area would be eliminated. - T11ere were drainage issues that were not addressed. - The City would be responsible if there was an emergency during a time when there was serious traffic congestion. Wellens went on to state the April 1, 2008, Staff memo stated "Although the new plan includes a substantial increase in the number of spaces, the increase was apparently accomplished by `miniaturizing' the parking lot." He questioned if the School District's intentions were honorable. He stated he would not rely on withholding a certificate of occupancy as leverage to get an acceptable parking lot management plan. That action could reflect poorly on the City. Councilmember Turgeon stated she shared many of Councilmember Wellens's concerns. She then stated she was not in support of withholding a certificate of occupancy as leverage; that was too late in the process. She stated many of the issues identified had been issues for a very long time and said she had requested statistics on the number of parking violation tickets issued. She explained the approval SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES April 28, 2008 Page 8 of 15 of the C.U.P. was contingent upon the applicant submitting a detailed parking lot management plan for review and approval by Council by May 31, 2008; the resolution did not specify what would happen if the plan was not submitted on time. She commented some of the issues were identified prior to the April 1, 2008, public hearing and they should have been addressed by now. She then stated she was not comfortable approving the request at this time. Councilmember Bailey stated he spoke with Director Nielsen, who indicated the Phase 1 expansion would not exacerbate the parking issues, but would actually help the situation. He indicated he shared the frustration with the parking management situation, but did not think it was wise to deny a request just to send a message. He explained the City had a great deal of control over a possible Phase 2 expansion, and the School District had an opportunity to demonstrate good faith. He stated he would support granting the C.U.P. Councilmember Woodruff stated he had been the Council liaison at the April 15, 2008, Planning Commission meeting. He also expressed concerns about the parking. He said he could consider granting the C.U.P. if the resolution was modified to include a stipulation that if a detailed parking management plan was not submitted by May 31, 2008, a stop....:.work order would be issued for the expansion. Councilmember Turgeon stated she could support adopting an amended resolution. Attorney Keane stated the City could take that action provided it was clearly understood before the District started construction efforts. In response to a question from Councilmember Bailey; Mikc Condon (the Supervisor for Buildings and Grounds for the Minnetonka School District) said the School District clearly understood the stop work order stipulation. Engineer Landini explained the enlarged NURP pond would accommodate the additional storm water runoff resulting from both the Phase 1 and Phase 2 expansions as well as the relocation of the driveway; the increased size for pond. included a significant factor for safety. Councilmember Turgeon requested a copy of the School's calendar of special events be sent to the SLMPD as well as the City. Woodruff moved, Turgeon seconded, Adopting RESOLUTION NO. 08-032, "A Resolution Granting a Conditional Use Permit for the Expansion of Minnewashta Elementary School" as amended to include a stipulation stating if a detailed parking management plan was not submitted by May 31, 2008, a stop work order would be issued, and subject to sending a copy of the School's calendar of special events to the South Lake Minnetonka Police Department. Mayor Lizee stated she had lived west of the School for the last 20 years and she had children who had attended the School.; she was very aware of the parking and traffic issues. She noted the area had a very large student population, and based on the population growth the student population would increase. She stated there was a need for additional classrooms and a redesigned entry that would provide for better security. She believed the School District had taken the parking issues very seriously and had been a good community partner in the past; therefore, the City should give the District the opportunity to demonstrate good faith by fulfilling its obligation to manage the parking situation. She explained striped crosswalks had been established, and attendants were located at both crossings at the beginning and end of the school day. Mayor Lizee provided Mr. Condon an opportunity to comment on the request. SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES Apri128, 2008 Page 9 of 15 Mr. Condon stated the School District had submitted parking plans before it realized the City had setback requirements and fire code regulations that weren't satisfied in the initial plans. He noted that District was aware that it may have to consider acquiring additional property near the School if it became available. He stated the School District was a community partner, and the District took the parking issue very seriously. He thanked the Council and Staff for their assistance. Motion passed 4/1 with Wellens dissenting. 9. GENERAL/NEW BUSINESS A. Matt Phillippi Request for Appeal to Zoning Violation Acting Administrator Brown stated Matt Phillippi owned the property located at 211.55 Minnetonka Boulevard. In July 2007 Mr. Phillippi was sent a zoning violation notice based on neighborhood complaints regarding a metal shipping container that had been located on the property for approximately one year. Mr. Phillippi's property was located in the R-1D/S, Single-Family Residential/Shoreland zoning district; shipping containers «~ere' not allowed either as permitted or accessory uses in the R-ID/S District. Enforcement action of the zoning violation was being pursued by the City through the Hennepin County District Court system. 1 fe then stated Mr. Phillippi requested he be heard by the Council on this matter. Mayor Lizee asked Attorney Keane to explain what was before Council for consideration this evening. Attorney Keane stated the firm he worked for was asked to bring a code enforcement action relating to the shipping container located on Mr. Phillippi's property. The City's policy was enforcement of this type of violation was complaint driven; the City.. did not actively look for those types of violations. The City had received neighborhood complaints about the container which triggered multiple notices by the zoning administrator to Mr. Phillippi to i•e~tiove the shipping container. After the multiple notices were not successful in bringing about compliance, the City ultimately initiated a code enforcement complaint. The complaint was signed and executed by Planning Director Nielsen at Hennepin County District Court. The District Court was responsible for service of the complaint upon Mr. Phillippi. The normal process to follow was arraigmnent, first appearance, pre-trial, and trail. To date there had been four visits to District Court regarding this matter. Apre-trial was scheduled for April 29, 2008. The City continued to request compliance for removal of the shipping container. Mathew Joseph Phillippi. stated he owned the property at 21155 Minnetonka Boulevard but he did not live there. He then stated the complaints had the wrong address on them, and he never received them. He explained he had never received a summons to appear for a court date nor was he advised that an arrest warrant had been issued. A summons must be served to appear in District Court before an arrest order could be issued. He stated he had been taken to jail and his car towed on his way to District Court; he had been stopped by an officer (other than a South Lake Minnetonka Police Department officer and outside of the South Lake Minnetonka area). He believed he was stopped for no reason other than an outstanding warrant for his arrest. Mr. Phillippi stated the purpose of the shipping container was to protect property that would normally be in the basement but could not be left there because the basement was continually wet. He was not willing to remove the container until the drainage issues were resolved. He stated the City's legal SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES April 28, 2008 Page 10 of 15 representative left apre-trial conference which Mr. Phillippi assumed was intended to force him into a jury trial. From his vantage point he thought his civil rights had been violated. On a separate matter, Mr. Phillippi distributed photos of the water damage to the subject property to Council. He commented the property was valued at $250,000. He stated drainage water was destroying the value of his property by trespassing into his basement. He stated he had contacted the City numerous times regarding the drainage issue. A subdivision was performed on neighboring property in 2001 at which time a drainage pond and storm sewer facilities were designed and constructed upstream of his property. At that time he was told he would be kept informed of how the drainage system worked and he would have the authority to approve it. He had not been asked for input on the system. He had requested a copy of the engineering report prepared by James P. Norton for the drainage system which stated the system had to have a C-through culvert; he still had not received a copy of the report. He commented the system worked well for the environment, but it did not work well for his property. He commented that he loved the City of Shorewood; he had lived in the area for over 54 years and he had hundreds of friends in the area. Mr. Phillippi stated from his vantage point he was over charged;,, by the City when he sub-divided two of his properties; the sub-division resulted in his creating two new lots but he was charged for four new lots. He wanted the overcharge of $8,400 plus interest returned to him. He commented that as a condition of the subdivision, he had been required to remove a garage on his property located at 4890 Ferneroft Drive because it was non-conforming. He explained the garages on two properties adjacent to that property were also non-conforming; one of the garages had been destroyed by a tornado twice and that property owner was able to rebuild the garage in anon-conforming location. There was no place else on that particular property of his to rebuild a garage because of the topography of that lot and the location of a well. Mr. Phillippi stated he did not want `to light with the City, but he was not afraid to go before a judge. He would remove the shipping container to be in conformance with City Code once his issues were resolved. He was confident the District Court. Jhdge would drop the complaint charges once the Judge understood all of his issues. He questioned if Council had been provided with all of the documents he had submitted to the City. Councilmember Wellens stated it was the first he had heard about Mr. Phillippi's other problems. He stated Council would have to review each individual issue. Mayor Lizee stated she appreciated Mr. Phillippi presenting his concerns to Council this evening; but she clarified the item before Council this evening was a complaint regarding the zoning violation resulting from a shipping container being located on his property. She stated Mr. Phillippi had been notified the container had to be removed in July 2007, to which Mr. Phillippi stated he had not been notified. Lizee stated Mr. Pllillippi's issues with sub-division charges and drainage issues were a different matter. She then stated Council had only wanted to hear Mr. Phillippi's comments related to the zoning violation. The complaint was being processed through the Hennepin County District Court system for resolution; Counc}1 would not take any action on that matter this evening. Mr. Phillippi stated he was providing the Council an opportunity to understand what had occurred regarding all of his issues with the City. He stated he was exhausting his administrative resources. Mayor Lizee thanked Mr. Phillippi for coming this evening. SHOREWOOI) CITY COUNCIL REGULAR MEETING MINUTES Apri128, 2008 Page 11 of 15 Councilmember Turgeon asked Mr. Phillippi if he was willing to remove the container from his property. Mr. Philiippi stated lie had made himself perfectly clear. B. Discussion of Change of Date for the First City Council Regular Meeting in May 2008 Mayor Lizee stated she would like to change the date for the first City Council regular meeting in May to May 13t~' from May 12`x'. She explained she would not be able to attend a May 12~~' meeting. She noted the second regular meeting of the month would also be held on a Tuesday due to Memorial Day being on the fourth Monday of the month. After discussion, it was decided that the meeting would remain on May 12 as scheduled. C. Approval of an Agreement with Minnetonka Community Education for Lifeguard Services for Crescent Beach This item was removed from the consent agenda at Comlcilmember Woodruff's request. Councilmember Woodruff stated the reason he asked for this item to be removed from the consent agenda was he wanted to comment about the use of Crescent Beach, He questioned if there was a way to promote the use of the Beach. Mayor Lizee stated the Beach was listed in the. Minnetonka Community Education (MCE) catalogue and it was also listed on the City's website, and in the ShoRBport. Councilmember Turgeon suggested the P1rk Commission work with MCE to conduct a program(s) at the Beach to promote its use. Mayor I,iree stated it would be important to work with the City of Tonka Bay as the Beach was located in that City. Woodruff moved, Turgeon seconded, authorizing the Acting City Administrator to execute the Agreement for Lifeguard Services for 2008 with Minnetonka Community Educations. D. Accept Plans and Specifications and Authorize Advertisement for Bids for 2008 Sealcoating of Streets, City Project 08-02 This item was removed from the consent agenda at Councilmember Woodruff s request. Councilmember Woodruff stated the Staff report on this item stated the Polymerized Asphalt Emulsion (i.e., "Slurry Coating") approach tested for maintenance of City roadways did not perform as well as Staff would have liked. He questioned what the performance issues were. Acting Administrator Brown explained "Slurry Coating" was tested on Covington Road and Smithtown Circle in 2007. He reviewed a photo of both roadways which showed areas where the product did not adhere to the pavement. He commented in 2007 he had expressed that as a possible area of concern. The contractor stated the problems on Covington Road were likely caused by people driving on the surface before they should have. When Staff checked Smithtown Circle, which was the lowest traveled road in the City, it 11ad similar problems yet residents had not driven on the surface before they should have. He explained that Engineer Landini had researched adding a polymer to the SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES Apri128, 2008 Page 12 of 15 sealcoat process to try to bolster the process; there were other cities which did the same thing and had great success. Councilmember Woodruff stated earlier this year representatives of the Boulder Bridge Farm Homeowners Association had approached the City about the possibility of placing a bituminous overlay on the street instead of sealcoat, and the Association would pay the difference in cost between the overlay and the sealcoat. He then stated the City was going out for bids for sealcoating of certain roadways (the roadways in the Boulder Bridge area were included in the bid). He questioned if it would be a problem to include the Boulder Bridge roadways in the bid if it was possible an overlay would be done instead. He also questioned if the request was still being considered. Acting Administrator Brown stated representatives from the Association had had a number of discussions with Staff about receiving credit for what it would cost to sealcoat the roadways if they chose to pay to have an overlay placed on the roads instead. He explained when this topic was discussed at the January 28, 2008, Council work session, concern was expressed that doing so could possibly create the perception that a neighborhood could buy into the Capital Improvement Program. He then explained going out for bids would not obligate the City to sealcoat the roadways identified in the bid. The contract documents stated the City had the right to add and delete roadways identified for sealcoating; similar changes had been made in the past. to adjust for budget constraints. He also explained that by obtaining bids the City would have actual cost figures to present to the Association for consideration. He noted that the contract specified sealcoating could not be done before the end of July to allow the City time to repair the roadways before sealcoating. Engineer Landini clarified sealcoating could not start earlier than 60 days after the bids were opened. The bids would be opened on May 21, 2008. Brown stated if the roadways in the 13ouldei• Bridge area were not sealcoated it may be possible to sealcoat other roadways. Councilmember Woodruff encouragedStaff to meet with representatives from the Association to determine what the Association's desire was. Woodruff moved, Turgeon seconded, Adopting RESOLUTION NO. 08-030, "A Resolution Approving Specifications and Estimate and Authorizing Advertisements for Bids for Bituminous Seal Coat Project 2008." In response to a comment from Councilmember Bailey, Engineer Landini stated a list of which roadways would be milled and which would be sealcoated would be prepared as part of the bid package and that bid package would be provided to Council. Motion passed 5/0. E. Authorize Expenditure of Funds for City Code Book Update This item was removed from the consent agenda at Councilmember Woodruff's request and he requested the authorization for expenditure include a not to exceed cost of $2,800. Woodruff moved, Turgeon seconded, authorizing American Legal Publishing to proceed with the City Code Book Supplement No. 3 edits for a cost not to exceed $2,800 and authorizing the use of funds from the General Fund to cover costs in excess of the $1,'750 budgeted for 2008. Motion passed 5/0. SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES April 28, 2008 Page 13 of 15 10. ENGINEERING/PUBLIC WORKS A. Accept Plans and Specifications and Authorize Advertisement for Bids for Lift Station No. 16, City Project 06-01 Engineer Landini stated at its January 23, 2008, meeting, Council authorized the preparation of plans and specifications for the rehabilitation of Lift Station 16. The plans and specifications had been completed. He explained the 2008 Sewer Fund Budget had $104,000 budgeted for the rehabilitation effort, and estimated costs for the construction were $86,340. If Council accepted the plans and specifications and authorized advertisement for bids, the bid opening would be conducted at 10:00 A.M. on May 21, 2008. Councilmember Woodruff stated Lift Station 16 was located in some property owners' front and back yards. He stated earlier he had recommended to Staff that the landscaping around the Station be maintained or restored. Engineer Landini stated it was anticipated the excavation depth would be less than two feet so a large out-of-bounds type excavation would not be required. In response to a question from Councilmember Woodruffi, Acting Administrator Brown stated affected residents would be notified of the project after the bid=was awarded. Wellens moved, Woodruff seconded, Adopting RESOLUTION NO. 08-033, "A Resolution Approving Plans, Specifications and Estimates and Authorizing Advertisement for Bids on the Rehabilitation of Lift Station No. 16 Project, City Project No. 06-O1." Motion passed 5/0. 11. STAFF AND COUNCIL REPORTS B. Administrator & Staff. Acting Administrator Brown stated the Sharon Klumpp, with Springsted Incorporated, had received credentials from three parties interested in the City Administrator position and there had been five phone calls received inquiring about the position. C. Mayor & City Council Councilmember Woodruff questioned what the status was of the bid package for the City Hall renovation construction effort. Acting Administrator Brown stated Collaborative Design Group was waiting for a boundary survey of the 5755 Country Club Road property. The City had received a proposal from WSB & Associates to conduct the survey and Staff had requested a competitive quote from a CDC civil engineer. If the quotes were reasonable, Staff would move forward with the survey provided Council approved of that. He anticipated that plans and specifications would be available to authorize a bidding process in the next three weeks. Councilmember Woodruff was concerned the substantial completion date of October 2008 would not be met. Councilmember Woodruff questioned if the confession of judgment against Pastor Linus Nyambu had been perfected and recorded. Attorney Keane stated he had requested it be filed but he would follow- up on it and let Council know the status. ' SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES April 28, 2008 Page 14 of 15 Councilmember Turgeon stated at the last City Council regular meeting John Garfunkel requested Council consider returning to an at-large election system. She requested a work session be scheduled to discuss that topic. Councilmember Wellens requested Staff gather data about the last three elections which utilized the at-large system and the last two elections which used the ward system. Acting Administrator Brown stated Council had identified numerous items it wanted to discuss at work sessions, and Staff would prepare a tentative schedule for discussing those issues. Councilmember Bailey stated he would like to see the list. Mayor Lizee stated a list would be helpful. She then stated Staff was bearing the additional work burden. of performing City Administrator responsibilities. She commented that budget work sessions would be occurring throughout the summer and suggested Council consider conducting work sessions on alternate Monday's (w11en a regular meeting was not scheduled) and/or conducting work sessions early in the morning. She stated when work sessions were held or continued after a regular meeting, she thought it was unfair to expect Staff and Councilmembers to be as focused as they would be earlier in the day. She also stated the number of issues discussed at a work session must be limited. Councilmember Turgeon stated she would agree with having work sessions on Mondays when there was not a regular Council meeting. Councilmember Bailey stated he would prefer to meet on ~Iternate Mondays. He suggested there be a contingency plan in place to discuss work session items when the regular Council meeting was somewhat shorter in duration. Councilmember Wellens stated at the last EFD Board meeting the topic of paying firefighters for volunteering at special events had been discussed.."ho cover that cost the idea of charging for EFD presence at events had also been discussed, He then stated the first draft of the EFD 2009 Operating Budget reflected a 5.84 percent incrcase and the CIP reflected a 1.8 percent decrease; the overall increase would be 1.96 percent noting Administrator Brown stated he would email the copies of the budgets to the Councilmembers: Wcllcns requested all copies of the documents submitted by Mr. Phillippi be distributed to Counci L Acting Administrator Brown stated Council had received all copies. Wellens stated he was concerned about the funding for the Southshore Center; it was his understanding the Friends of the Southshore Center could not afford to run the Center. Councilmember Turgeon stated that was old information. Mayor Lizee stated the Southshore Center working group continued to meet, and the Friends were having a tour of the Sojourn adult daycare program on April 29, 2008. In response to a question from Councilmember Wellens, Engineer Landini stated Jean Panchyshyn had contacted the Southshore Center about possibly needing to use the Center for elections. Acting Administrator Brown stated the Center had not been contacted about conducting official City meetings at the Center. Councilmember Bailey stated he thought Mayor Lizee did a commendable job with the Phillippi situation. Mayor Lizee stated there was a SLMPD Coordinating Committee meeting scheduled for April 30, 2008. There was a joint meeting of all the SLMPD member cities' councils schedule for 7:00 P.M. on May 14, 2008. There had been a retirement party for SLMPD investigator Jack Talbot on April 24, 2008; Mr. Talbot had more than 30 years of service with the Department. She stated Mr. Talbot would SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES April 28, 2008 Page 15 of 15 be missed. She expressed her condolences to Betty Chandler and her family; Betty's husband Jack passed away the previous week. The family had been long time residents of the City and Jack had served on the City Council and had been involved with many community activities. 12. ADJOURN Woodruff moved, Turgeon seconded, Adjourning the City Council Regular Meeting of April 28, 2008, at 8:44 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder Christine Lizee, Mayor ATTEST: Lawrence A. Brown, Acting City Administrator/Clerk PAYABLES APPROVALS Far 05/12/2008 Council Meeting ,~,~ ~~ ~- , ~~ .~ Prepared by: s ~ _ ~ ~ Date: ~4. ~ Michelle T. Nguyen, S~r. Accounting Clerk ~ ~. Reviewed by: ~~~.-~ Date: -`~ c ~- ~~ . _ ~~g. PAYROLL APPROVALS For OS/1 Z/2008 Council Meeting Prepared ~y: ~ ,~ ; `~~~ Date: ~ Michelle T. Nguyen,`°~Sr.'~ Accounting Clerk ~ ~ -~ ~, Rcvicwcd by: s~ ,~~ _ ~~~,... Datc: Bonnie urton, Finance Director Approved by: Date: rry Brown, Acting City Administrator CI'fV OF SHOREWOOD 5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331-8927 • (952) 474-3236 FAX (952) 474-0128 • www.ci.shorewood.mn.us • cityhall@ci.shorewood.mn.us MEMORANDUM DATE: May 5, 2008 TO: Mayor and Council Members xiF FROM: Jean Panchyshyn, Deputy Clerk ~ ~~` CC: Larry Brown, Acting City Administrator/Clerk RE: Approving a Biennial Gambling Permit for the American Legion No. 259 The American Legion Post No. 259 has held a Biennial Gambling License for the past several years. It is time for them to renew their license for the next two years, as the current license expires on June 30, 2008. The State of Minnesota Gambling Control Board requires a resolution of approval from the City in which the site is location. As appropriate fees have been paid, and there have been no gambling violations within the past two years, approval of a resolution is in order. Recommend Council Action Adoption of a Resolution Approving the Biennial Gambling License for the American Legion Post 259. of ~®~® PRINTED ON RECYCLED PAPER CITY OF SHOREWOOD RESOLUTION NO. 08- A RESOLUTION APPROVING A GAMBLING LICENSE WHEREAS, the Shorewood City Code, Chapter 301, provides for the licensing of certain gambling activities in the City; and WHEREAS, the City prescribes certain restrictions concerning eligibility for such licensing and application, whereby the licensee will hold the City harmless for all claims arising out of the granting of such license; and WHEREAS, the following applicant has met the eligibility requirements for such a license and have agreed to all terms and conditions of the agreement contained in the license. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Shorewood, as follows: That a license for the conduct of gambling as specified in the terms and conditions of the license be issued to the American Legion Post #259, 24450 Smithtown Road, Shorewood, MN, 55331, for a term beginning July 1, 2008 and ending June 30, 2010. ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 12th day of May, 2008. Laura Turgeon, Acting Mayor ATTEST: Lawrence A. Brown, Acting City Administrator/Clerk SHOREWOOD 5755 COUNTRY CLUB ROAD •SHOREWOOD, MINNESOTA 55331-8927 • (952} 474-3236 FAX (952) 474-0128 • www.ci.shorewood.mn.us • cityhall@ci.shorewood.mn.us MEMORANDUM DATE: May 7, 2008 TO: Mayor and City Council Members FROM: Jean Panchyshyn, Deputy Clerk °~ ' ~¢ CC: Larry Brown, Acting City Administrator RE: LIQUOR LICENSE RENEWALS The Minnetonka Country Club and the American Legion Post #259 currently hold on-sale liquor licenses in the City. Cub Foods currently holds a 3.2 percent off-sale malt liquor license. Park Square Subway (dba Shorewood Liquor) and The Cellars Wines and Spirits of Shorewood, Inc. both hold an off-sale intoxicating liquor license. All licenses expire on May 31, 2008. All licensees have submitted appropriate liquor license documentation and license renewal fees. Background checks were processed, and there were no disclosable records for convictions within the past year of any violation of laws relating to the sale of intoxicating liquor for these five establishments. City Council Action Adopt the following five Resolutions: On-sale Intoxicating Liquor and Special Sunday Sales license for the Minnetonka Country Club and the American Legion Post #259; 3.2 percent off-sale Malt Liquor license for Cub Foods; and off-sale intoxicating liquor licenses for Park Square Subway (dba Shorewood Liquor) and The Cellars Wines and Spirits of Shorewood, Inc. - ~~-~ .s -~ S®~' PRINTED ON RECYCLED PAPER CITY OF SHOREWOOD RESOLUTION NO.08- A RESOLUTION APPROVING INTOXICATING LIQUOR LICENSE ON-SALE INTOXICATING LIQUOR & SPECIAL SUNDAY SALES WHEREAS, the Shorewood City Code, Sections 402.02, 403.05, 1300.01 and 1300.02, provides for the licensing of the sale of intoxicating liquor in the City and requires a special license for Sunday sales; and WHEREAS, said Code provides that an applicant shall complete an application, shall fulfill certain requirements concerning insurance coverage, and shall pay a licensing fee; and WHEREAS, the following applicant has satisfactorily completed an application, and has fulfilled the requirements for the issuance of a license for the "on-sale" of intoxicating liquor and for a special license for "Sunday Sales". NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: That a License for the "on-sale" of intoxicating liquor and a special Sunday License for sales be issued for a term of one year, from June 1, 2008 to May 31, 2009, consistent with the requirements and provisions of Chapter 400 of the Shorewood City Code, to the following applicant: Applicant Address Minnetonka Country Ciub 24575 Smithtown Road Shorewood, MN 55331 ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 12th day of May, 2008. ATTEST: Laura Turgeon, Acting Mayor Lawrence A. Brown, Acting City Administrator/Clerk CITY OF SHOREWOOD RESOLUTION NO.08- A RESOLUTION APPROVING INTOXICATING LIQUOR LICENSE ON-SALE INTOXICATING LIQUOR & SPECIAL SUNDAY SALES WHEREAS, the Shorewood City Code, Sections 402.02, 403.05, 1300.01 and 1300.02, provides for the licensing of the sale of intoxicating liquor in the City and requires a special license for Sunday sales; and WHEREAS, said Code provides that an applicant shall complete an application, shall fulfill certain requirements concerning insurance coverage, and shall pay a licensing fee; and WHEREAS, the following applicant has satisfactorily completed an application, and has fulfilled the requirements for the issuance of a license for the "on-sale" of intoxicating liquor and for a special license for "Sunday Sales". NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: That a License for the "on-sale" of intoxicating liquor and a special Sunday License for sales be issued for a term of one year, from June 1, 2008 to May 31, 2009, consistent with the requirements and provisions of Chapter 400 of the Shorewood City Code, to the following applicant: Applicant Address American Legion Post #259 24450 Smithtown Road Shorewood, MN 55331 2008. ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 12th day of May, Laura Turgeon, Acting Mayor ATTEST: Lawrence A. Brown, Acting City Administrator/Clerk CITY OF SHOREWOOD RESOLUTION NO.08- A RESOLUTION APPROVING A 3.2 PERCENT "OFF-SALE" MALT LIQUOR LICENSE WHEREAS, the Shorewood City Code, Sections 402.05 provides for the licensing of the sale of 3.2 percent malt liquor in the City; and WHEREAS, said Code provides that an applicant shall complete an application, shall fulfill certain requirements concerning insurance coverage, and shall pay a licensing fee; and WHEREAS, the following applicant has satisfactorily completed an application, and has fulfilled the requirements for the issuance of a license for the "off-sale" of 3.2 percent malt liquor NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 2008. ATTEST: That a License for the "off-sale" of 3.2 percent malt liquor be issued for a term of one year, or that portion thereof, from June 1, 2008 to May 31, 2009, consistent with the requirements and provisions of Chapter 400 of the Shorewood City Code, to the following applicant: Applicant Address Shorewood 2001 L.L.C, Dba, Cub Foods 23800 State Highway 7 Shorewood, MN 55331 ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 12th day of May, Laura Turgeon, Acting Mayor Lawrence A. Brown, Acting City Administrator/Clerk CITY of sxoREwooD RESOLUTION NO.08- A RESOLUTION APPROVING AN OFF-SALE INTOXICATING LIQUOR LICENSE WHEREAS, the Shorewood City Code, Chapter 401, provides for the licensing of the off-sale of intoxicating liquor in the City; and WHEREAS, said Code provides that the applicant shall complete an application for a liquor license, fulfill certain requirements concerning insurance coverage, have a favorable financial credit background check and a criminal history background check; and pay a licensing fee; WHEREAS, the following applicant has satisfactorily completed an application, and has fulfilled the requirements for the issuance of a license for the "off-sale" of intoxicating liquor; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: That a License for the "off-sale" of intoxicating liquor be issued for a term of one year, or that portion thereof, from June 1, 2008 to May 31, 2009, consistent with the requirements and provisions of Chapter 401 of the Shorewood City Code, to the following applicant: Applicant Address Park Square Subway, Inc. DBA Shorewood Liquor 23670 State Hwy. 7 Shorewood, MN 55331 ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 12th day of May, 2008. ATTEST: Laura Turgeon, Acting Mayor Lawrence A. Brown, Acting City Administrator/Clerk CITY OF SHOREWOOD RESOLUTION NO. 08- A RESOLUTION APPROVING AN OFF-SALE INTOXICATING LIQUOR LICENSE WHEREAS, the Shorewood City Code, Chapter 401, provides for the licensing of the off-sale of intoxicating liquor in the City; and WHEREAS, said Code provides that the applicant shall complete an application for a liquor license, fulfill certain requirements concerning insurance coverage, have a favorable financial credit background check and a criminal history background check; and pay a licensing fee; WHEREAS, the following applicant has satisfactorily completed an application, and has fulfilled the requirements for the issuance of a license for the "off-sale" of intoxicating liquor; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: That a License for the "off-sale" of intoxicating liquor be issued for a term of one year, or that portion thereof, from June 1, 2008 to May 31, 2009, consistent with the requirements and provisions of Chapter 401 of the Shorewood City Code, to the following applicant: Applicant Address The Cellars Wines & Spirits of Shorewood, Inc. 2008. ATTEST: 19905 State Hwy. 7 Shorewood, MN 55331 ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 12th day of May, Laura Turgeon, Acting Mayor Lawrence A. Brown, Acting City Administrator/Clerk SHOREWOOD 5755 COUNTRY CLUB ROAD •SHOREWOOD, MINNESOTA 55331-8927 • (952) 474-3236 FAX (952) 474-0128 • www.ci.shorewood.mn.us • cityhall@ci.shorewood.mn.us MEMORANDUM TO: Mayor and City Council Craig Dawson, City Administrator FROM: James Landini, City Engineer - DATE: May 7, 2008 RE: Authorization for Expenditure of Funds for Seal Coat Aggregate. Engineering File No. 08-02. As part of the Operating Budget, funds are set aside each year for Bituminous Seal Coating of Streets. The 2008 budget has $100,000 earmarked for seal coating and $200,000 for additional road maintenance. The additional road maintenance was discussed to be "Slurry Coating" or Polymerized Asphalt Emulsion, but due to its performance a different approach will be implemented. The Slurry Coat did not perform as discussed at the April 28, 2008 City Council meeting. Quotes from two suppliers were obtained and the quote tabulation is attached. The low quoter is Martin Marietta Materials, Inc in the amount of $43,760 plus tax. Streets chosen for 2008 seal coating are: Smithtown Road, Shorewood Oaks Drive, Oak Leaf Trail, Maple Leaf Circle, Burlwood Court, Park Lane, Eureka Road, Mann Lane, Seamens Drive, Christopher Road, Club Lane, Star Lane, Star Circle, Fairway Drive, Nelsine Drive, Wild Rose Lane, Sylvan Lane, Meadowview Road, Sunnyvale Lane, Valleywood Lane, Valleywood Circle, Maple View Court, Orchard Circle, Lee Circle, Birch Bluff Road, Boulder Bridge Drive, Boulder Bridge Lane, and Boulder Circle. This schedule may change due to budgetary constraints. A map showing the selected streets is attached. Recommendation Staff recommends approval of a motion that accepts the quote from Martin Marietta Materials, Inc. for seal coat aggregate. a~ s®~® PRINTED ON RECYCLED PAPER CITY OF TONKA BAY RD eVD~ ftW ~ u 6~ EW ORCHARD N ~ Y 4 CIR y N /1 \\ 1~-) VA4£Yy/DDp ~ ~ NELSINE yl'i S~ SUx DR s ~ o u~ nzp ROSE u g ~ ~ a o ~@ STAR $ _ ~ U, CSAH NO' IS o 3 g CIR ~ ¢ R SMIRITOWN i ~l tFITO~r g ROAD 9gRF q NaOD tt m BftIDCE ° ~ OO • SMITHTOWN • m RD ~ a NA u LL z MARY °F LAKE ° 9,g ~q `P 5 x ~ RD ° FREEMAN MANN LA ~~p ~ ~ ~~ ~ ~n~ O e ,MjO ~ ~ PARK 0~ DT E SM~ \ clR \) ~ ~ a ~ ~ EWDDD N ~ E~owsTDN , o e ~ y1CR N ~ CA 2 ~/~ CITY OF SHOREWOOD P D:AF TR y STATEN Y NAT f-lf~_ OR y/ CITY OF VICTORIA 62ND Si W 62ND ST W CITY OF CHANHASSEN STATE H WY NO STREETS TO BE SEAL COATED 1005E SIGN LOCATION cRAVE~ a. RIRfta6 ASE: ND NoeD 2008 """ S AS COATING aft ~ N BITUMINOUS E PROJECT AREA MAP °"°,q~ o " D6-D2 OF STREETS 'I O oRN~~.D.. CITY OF CITY PROJECT N0 08-02 1 U oa/ze/oa SHOREWOOD . City of Shorewood Quote Tabulation 2008 Furishing of FA-2 Sealcoat Aggregate City Project No. 08-02 For the City of Shorewood, MN Quotes Opened: Engineer: City of Shorewood 7 May 08 at 10:OOa.m. Eng. & Public Wrks Dept. No Bidder Quote 1 Martin Marietta Aggregates plus tax $ 43,760.00 2 Dresser Trap Rock Inc. plus tax $ 58,640.00 3 4 5 6 7 8 9 10 11 12 13 14 15 I hereby certify that this tabulation is a correct and true representation of the bids received on this date for this Improvement Project .dames Landini City Engineer J `an Panchyshyn Deputy Clerk/Executive Secretary °~ __~, ~° Date Date (I'1V OF SHOREWOOD 5755 COUNTRY CLUB ROAD •SHOREWOOD, MINNESOTA 55331-8927 • (952) 474-3236 FAX (952) 474-0128 • www.ci.shorewood.mn.us • cityhall@ci.shorewood.mn.us MEMORANDUM TO: Mayor and City Council FROM: Larry Brown, Acting City Administrator & Director of Public Works DATE: May 8, 2008 RE: Proposal for Seasonal Park and Dock Patrol Services for the City of Excelsior Attachment 1 is a memorandum from Police Chief Bryan Litsey, regarding the proposal to the City of Excelsior to provide seasonal park and dock patrol services for 2008. While this proposal does not impact the City of Shorewood directly, under the SLMPD Joint Powers Agreement that was amended in 2006, if a member city requests exclusive supplemental services from the SLMPD, a specific process is to be conducted as follows: "Parties may contract with the SLMPD for the delivery of supplemental services delivered by separately dedicated personnel outside of the approved budget as mutually agreed by all Parties. Agreement to provide such supplemental services shall not be unreasonably withheld. " The proposal has been presented to the City of Excelsior and has been accepted by the City Council of Excelsior. The SLMPD Coordinating Committee has also reviewed the proposal and found it to be in order. Recommendation If the proposal is found acceptable to the City Council, a motion approving the proposal would be in order. ~3~ r®~0 PRINTED ON PECYCLED PAPER ~TH LA.t~ 15 flOut"- 2008 PROPOSAL Seasonal Park and Dock Patrol Services City of Excelsior Prepared by Police Chief Bryan Litsey - April 7,2008 APPROVAL PROCESS The City of Excelsior has requested a proposal from the South Lake Minnetonka Police Department (SLMPD) to provide seasonal park and dock patrol services for 2008. The SLMPD has historically provided these services for the City of Excelsior. A preliminary meeting was held between SLMPD and Excelsior representatives prior to this proposal being drafted. This meeting occurred on February 19,2008. Present at this meeting were Mayor Nick Ruehl, Council Member Greg Miller, City Clerk Cheri Johnson, Deputy Chief John Nieling and Chief Bryan Litsey. This proposal is a product of that meeting along with some additional work done at the staff level by the SLMPD. The SLMPD Joint Powers Agreement, as amended in 2006, requires that a specific process be followed if a member city desires exclusive supplemental service from the SLMPD. The specific language is as follows: "Parties may contract with the SLMP D for the delivery of supplemental services delivered by separately dedicated personnel outside of the approved budget as mutually agreed by all Parties. Agreement to provide such supplemental services shall not be unreasonably withheld. " This proposal will first be presented to the Excelsior City Council followed by the SLMPD Coordinating Committee as the potential consumer and provider of these services. The Excelsior City Council will consider this proposal at their meeting on April 21, 2008. The SLMPD Coordinating Committee will take up this matter at their meeting on April 30, 2008 to decide whether or not to endorse the proposal. This will allow enough time for the City Councils of Greenwood, Shorewood and Tonka Bay to decide at one of their scheduled meetings whether or not to approve the proposal before the planned implementation date of Memorial Day weekend. OVERVIEW This proposal is not profit driven as would typically be the case when such supplemental services are outsourced. The primary financial concern of the SLMPD is to recoup the SLMPD Proposal - Year 2008 Excelsior Park and Dock Patrol Services Page 2 of5 expenses associated with providing these additional services exclusive to one member city. This is an important distinction not only from a financial perspective, but in terms of how these specialized services are managed. The focus is on providing for the safe and orderly use of the Commons Park and Port of Excelsior as well as the security of the adjacent residential neighborhoods and business district. The approach taken for providing park and dock patrol services will be similar to last season. The personnel working this seasonal part-time employment will either be classified as a park service officer or a park police officer. The job classification of park service officer is a civilian position with duties and responsibilities that do not require state licensor as a peace officer. The job classification of park police officer requires state licensor as a peace officer and thus is a more highly skilled position with additional duties and responsibilities. The most current job descriptions for both these classifications have been included with this proposal. See Appendix A. Park patrol makes use of seasonal part-time personnel working as either park service officers or park police officers. Park police officers will again have an expanded area to patrol and will be working later on Friday and Saturday nights. The tentative park patrol schedule included with this proposal spans between Memorial Day and Labor Day weekends. This schedule is subject to change due to the availability of staffmg, weather conditions, park usage, etc. See Appendix B. Dock patrol will make use of seasonal part-time personnel working as park service officers. Park service officers are cross-trained so that they can either work in the park or at the dock and thus the hourly pay rate is the same. The tentative dock patrol schedule included with this proposal spans between Memorial Day and Labor Day weekends. This schedule is subject to change due to the availability of staffmg, weather conditions, park usage, etc. See Appendix B. SEASONAL PART-TIME POSITIONS Park Police Officer As previously stated, park police officers must be fully licensed police officers. There are two individuals affiliated with the SLMPD in other roles that maintain their licensor as police officers and have worked this seasonal part-time employment in the past. Both have expressed an interest in returning this year. SLMPD Proposal - Year 2008 Excelsior Park and Dock Patrol Services Page 3 of5 The park patrol schedule consists of evening shifts Wednesday through Saturday along with additional daytime shifts on weekends and holidays. Park police officers normally work the shifts on Friday and Saturday evenings along with some additional shifts on Wednesday and Thursday evenings. The remaining evening and day shifts are covered by park service officers. Park police officers working on Friday and Saturday evenings provide expanded coverage that extends beyond bar closing time. Their patrol area includes the central business and residential areas bordered by the following streets: Lake Street, West Lake Street, Third Street and Morse Avenue. The focus within this district is on traffic and parking enforcement along with other nuisance complaints such as excessive noise. Compensation for the job classification of park police officer is tied to the same self- adjusting hourly rate previously established by the SLMPD Coordinating Committee for fully-licensed police officers employed on a part-time basis. This hourly rate is based on the current union salary schedule for an entry-level police officer. This is not only fair, but avoids a potential rift with the union. Park police officers are not eligible for additional benefits, other than uniforms and gear are provided along with the training required to maintain their status as a licensed police officer. Park Service Officer As previously stated, park service officers are civilian personnel with duties and responsibilities that do not require licensor as a police officer. Individuals working this seasonal part-time employment are normally already affiliated with the SLMPD as reserve officers and/or part-time community service officers. Park service officers are cross-trained so they can work either park or dock patrol. In most circumstances, only park service officers work dock patrol whereas both park service officers and park police officers work park patrol as previously described. The dock patrol schedule this season has a nominal reduction in shifts with coverage extending Thursday through Sunday along with daytime shifts on weekends and holidays. Compensation for the job classification of park service officer is determined through an internal process. Prior to last year, there was a different job title and hourly pay rate depending on whether the assignment was in the park or at the dock. This is no longer applicable under the current structure whereby the same group of seasonal employees are used for both assignments. Additionally, the skill level for both assignments is virtually the same. This disparity was corrected last season. There is now one job title and one hourly pay rate for both assignments. A modest increase has been factored into the hourly rate for 2008. SLMPD Proposal - Year 2008 Excelsior Park and Dock Patrol Services Page 4 of 5 OTHER CONSIDERATIONS SLMPD Coordinator/Community Liaison An essential element of this proposal is having a person designated at the SLMPD to coordinate the daily operations of this seasonal program and to serve as a liaison with community members. David Hohertz is a perfect fit and will again be taking on this seasonal role along with his many other duties and responsibilities as community service supervisor for the SLMPD. He has also maintained his licensor as a police officer and will be working one of the seasonal part-time positions of park police officer. Field Supervision One of the many benefits of having the SLMPD oversee park and dock patrol services is the direct supervision in the field. The on-duty patrol sergeant, or in his/her absence the senior on-duty patrol officer, will monitor the seasonal part-time personnel working on any given day. Such an arrangement is important not only for the effective delivery of these services, but from a risk management perspective as well. Governmental agencies are increasingly becoming the target of litigation when it comes to claims of negligent supervision of personnel, especially when it concerns law enforcement functions. The SLMPD assumes this supervisory role when providing park and dock patrol services for the City of Excelsior. Training Most, if not all, the individuals that will be working this seasonal part-time employment are or have been affiliated with the SLMPD. This means they are familiar with SLMPD operations and have received training commensurate with their job classification of either park service officer or park police officer. They are allowed to carry certain self-defense equipment if properly trained and authorized by the SLMPD. Any training deficiencies will be addressed by the SLMPD. There will be an employee orientation session held prior to the start of the season. Cost to Excelsior All inclusive hourly rates have been established for the job classifications of park service officer and park police officer. These are based on actual payroll costs plus a five percent administration fee. It should be noted there is no required contribution to the state pension fund, being these are seasonal part-time positions. The five percent administrative fee is SLMPD Proposal - Year 2008 Excelsior Park and Dock Patrol Services Page 5 of5 intended to recapture the overhead costs associated with the SLMPD administrating and supervising these additional services along with providing vehicles and equipment (radios, cellular phones, etc.). Uniforms, gear and training expenses are an additional expense for the City of Excelsior. These expenses will be less for returning personnel and more for new personnel. The attached spreadsheets show both the hourly rates for the aforementioned job classifications as well as the projected overall cost for the season based on the tentative work schedule. See Appendix C. The SLMPD will work within a mutually agreed upon budget for providing these seasonal services and will not exceed this amount by more than five percent without prior approval from the City of Excelsior. This is with the understanding, however, that the SLMPD has the discretion within this financial limitation to allocate personnel and resources as deemed necessary to achieve the desired outcome. CONCLUSION A considerable amount of time and effort has gone into this proposal so that it represents a good value for the City of Excelsior, both in terms of cost and the level of service being provided. The SLMPD is committed to working with representatives from the City of Excelsior along with affected residents, business owners and the general public in finding the right balance between the expense of providing these services and providing for the orderly use of the park, municipal docks and surrounding areas. APPENDIX A Job Descriptions Park Police Officer Park Service Officer DEPARTMENT MANUAL SOUTH LAKE MINNETONKA ISSUE DATE EFFECTIVE DATE NUMBER POLICE DEPARTMENT GENERAL ORDER 03/30/07 03/30/07 118 JOB DESCRIPTION DISTRIBUTION RESCINDS for PARK POLICE OFFICER ALL PERSONNEL 118 - (Dated 04/27/06) REQUIREMENTS (1) Must be licensed or eligible to be licensed as a police officer through the Minnesota Board of Peace Officer Standards and Training. (2) Must meet selection standards as mandated by the Minnesota Board of Peace Officer Standards and Training. (3) Have CPR and first aid training with First Responder or Emergency Medical Technician certification preferred. (4) Participate in a selection process as deemed necessary by the Chief of Police. Preference will be given to personnel currently affiliated with the South Lake Minnetonka Police Department who meet the eligibility requirements with a history of exemplary performance. NATURE OF DUTIES Park Police Officer is a seasonal part-time position in the City of Excelsior that requires state licensor as a police officer. It is not a union position given the temporary nature of the assignment and the job classification. The normal duration ofthis seasonal position is between Memorial Day Weekend and Labor Day Weekend, but may be extended longer depending on the need. Work performed is in accordance with department policies and procedures. The primary service area includes the Excelsior Commons Park and adjacent roadways along with the central business district and adjoining neighborhoods. This primary service area is bordered by the following roads: Lake Street, West Lake Street, Third Street and Morse Avenue. Duties are carried out in a manner consistent with community oriented policing and include general patrol, maintenance of order, prevention of crime, enforcement of state statutes/local ordinances, medical assistance and calls for service. Stamina is needed in order to be outside for extended periods of time on foot and bike patrol. Good communication skills and common sense are an essential part of this position. EXAMPLE OF WORK PERFORMED (1) Patrol the Excelsior Commons Park and adjacent roadways on foot, bike and in a police vehicle. Maintain high visibility as a deterrent to inappropriate behavior. PAGE 2 - REVISED GENERAL ORDER NUMBER 118 (2) Patrol the central business district and adjoining neighborhoods on foot, bike and in a police vehicle. Maintain high visibility as a deterrent to inappropriate behavior. (3) Assist the public as a goodwill ambassador for the City of Excelsior. (4) Enforce state statutes and local ordinances pertaining to criminal, traffic and nuisance violations. (5) Monitor and enforce parking meters. (6) Monitor and take appropriate action for the prohibited use and display of alcoholic beverages. (7) Take appropriate action to deal with boisterous and disorderly behavior as well as other inappropriate conduct. (8) Render medical assistance. (9) Account for lost and found property in the park. (10) Maintain daily activity logs and complete reports as required. (11) Testify in court when requested. (12) Perform such other work as directed or assigned by a supervisor. DEPARTMENT MANUAL SOUTH LAKE MINNETONKA POLICE DEPARTMENT GENERAL ORDER ISSUE DATE EFFECTIVE DATE NUMBER 03/30/07 03/30/07 146 JOB DESCRIPTION for PARK SERVICE OFFICER DISTRIBUTION RESCINDS ALL PERSONNEL 146 - (Dated 06/05/01) REOUIREMENTS (1) High school graduate, with an interest in law enforcement preferred. (2) Physically able to perform job. (3) Have a valid Minnesota Driver's License with a good driving record. (4) No substantive criminal record. (5) Have CPR and fIrst aid training with First Responder or Emergency Medical Technician certifIcation preferred. (6) Participate in a selection process as deemed necessary by the Chief of Police. Preference will be given to personnel currently affIliated with the South Lake Minnetonka Police Department who meet the eligibility requirements with a history of exemplary performance. NATURE OF DUTIES Park service offIcer is a seasonal part-time position in the City of Excelsior. Assignments include dock patrol and park patrol, which normally extend from Memorial Day Weekend through Labor Day Weekend unless extended further. Park service offIcers are cross-trained so they can work either assignment. It is a civilian position that will require the wearing of a uniform as approved by the department. Enforcement authority is limited to what is allowable under Excelsior City Code (Section 1-14). This includes ordinances dealing with parks, municipal docks, animals, parking and nuisance matters. Park service offIcers will be allowed to carry certain self-defense equipment if trained and approved by the department. They need to have the stamina to be outside on foot or bike patrol for extended periods of time. They should have good communication skills in order to present a positive image to the general public and be able to deter criminal and nuisance type violations. They need to use good common sense and be willing to call for assistance when situations warrant additional help from on-duty offIcers with the South Lake Minnetonka Police Department (SLMPD) and/or Water Patrol Deputies with the Hennepin County Sheriffs Department (HCSD). PAGE 2 - REVISED GENERAL ORDER NUMBER 146 PARK PATROL - EXAMPLE OF WORK PERFORMED (1) Patrol the Excelsior Commons Park and adjacent roadways on foot, bike and in a police vehicle. Maintain high visibility as a deterrent to inappropriate behavior. (2) Assist the public as a goodwill ambassador for the City of Excelsior. (3) Enforce local ordinances as authorized by Excelsior City Code (Section 1-14). (4) Monitor and enforce parking meters. (5) Monitor and take appropriate action for the prohibited use and display of alcoholic beverages. (6) Take appropriate action to deal with boisterous and disorderly behavior as well as other inappropriate conduct. (7) Render first-aid within skill level and call for assistance when needed. (8) Account for lost and found property in the park. (9) Maintain daily activity logs and complete reports as required. (10) Testify in court when requested. (11) Perform such other work as directed or assigned by a supervisor. DOCK PATROL - EXAMPLE OF WORK PERFORMED (1) Direct commercial and private boat traffic use of the Excelsior Municipal Docks. Keep outer pier open for approved watercraft, which requires checking to make sure boats in this area have the proper authorization. Monitor inner pier for violations and issue written warnings and/or citations as authorized by Excelsior City Code (Section 1-14). (2) Foot patrol in the area ofthe Excelsior Municipal Docks (Port of Excelsior). (3) Assist the public as a goodwill ambassador for the City of Excelsior. (4) Take appropriate action to deal with boisterous and disorderly behavior as well as other inappropriate conduct. (5) Monitor and take appropriate action for the prohibited use and display of alcoholic beverages. PAGE 3 - REVISED GENERAL ORDER NUMBER 146 (6) Render first-aid within skill level and call for assistance when needed. (7) Notify HCSD Water Patrol Deputies of reported and/or observed water craft concerns on the lake. (8) Be well versed in communication equipment in order to monitor and be able to contact Hennepin County Dispatch, SLMPD Officers, HCSD Water Patrol Deputies and Charter Boat Employees. (9) Account for lost and found property in the park. (10) Maintain daily activity logs and complete reports as required. (11) Testify in court when requested. (12) Perform other duties as assigned by the Chief of Police and/or designee. APPENDIX B Suggested Scheduling for 2008 Park and Dock Patrol Services PARK and DOCK PATROL Shift Schedule - May 2008 City of Excelsior DAY DAY ADDITIONAL of of PARK PATROL DOCK PA TROL COMMENTS WEEK MONTH FRI 23 Officer 1730-0130 PSO 1800-0100 SAT 24 PSO 1230-1830 PSO 1200-1800 Officer 1830-0130 PSO 1800-0100 SUN 25 PSO 1200-1700 PSO 1200-1700 PSO 1700-2100 MON 26 Officer 0900-1300 PSO 1200-1700 Memorial Day PSO 0900-1700 TUE 27 WED 28 Departmental Training THU 29 PSO 1700-2100 PSO 1800-2200 FRI 30 Officer 1730-0130 PSO 1800-0100 SAT 31 PSO 1230-1830 PSO 1200-1800 Officer 1830-0130 PSO 1800-0100 South Lake Minnetonka Police Department PARK and DOCK PATROL Shift Schedule - June 2008 City of Excelsior DAY DAY ADDITIONAL of of PARK PA TROL DOCK PA TROL COMMENTS WEEK MONTH SUN 1 PSO 1200-1700 PSO 1200-1700 PSO 1700-2100 MON 2 TUES 3 WED 4 PSO 1700-2100 THU 5 Officer 1700-2100 PSO 1800-2200 FRI 6 Officer 1730-0130 PSO 1800-0100 PSO 0700-1300 PSO 1200-1800 SAT 7 PSO 1200-1800 Art on the Lake Festival Officer 1800-0100 PSO 1800-0100 SUN 8 PSO 0700-1300 PSO 1200-1700 Art on the Lake Festival PSO 1200-1800 PSO 1700-2100 MON 9 TUES 10 WED 11 Officer 1700-2100 THU 12 PSO 1700-2100 PSO 1800-2200 FRI 13 Officer 1730-0130 PSO 1800-0100 SAT 14 PSO 1230-1830 PSO 1200-1800 Officer 1830-0130 PSG 1800-0100 SUN 15 PSO 1200-1700 PSO 1200-1700 PSO 1700-2100 MGN 16 TUES 17 WED 18 Officer 1700-2100 THU 19 PSG 1700-2100 PSG 1800-2200 FRI 20 Officer 1730-0130 PSO 1800-0100 SAT 21 PSO 1230-1830 PSG 1200-1800 Officer 1830-0130 PSO 1800-0100 SUN 22 PSO 1200-1700 PSG 1200-1700 PSG 1700-2100 MON 23 TUES 24 WED 25 Officer 1700-2100 THU 26 PSO 1700-2100 PSG 1800-2200 FRI 27 Officer 1730-0130 PSG 1800-0100 SAT 28 PSO 1230-1830 PSG 1200-1800 Officer 1830-0130 PSO 1800-0100 SUN 29 PSO 1200-1700 PSG 1200-1700 PSG 1700-2100 MON 30 South Lake Minnetonka Police Department PARK and DOCK PATROL Shift Schedule - July 2008 City of Excelsior DAY DAY ADDITIONAL of of PARK PA TROL DOCK PA TROL COMMENTS WEEK MONTH TUE 1 WED 2 PSO 1700-2100 THU 3 PSO 1700-2100 PSO 1800-2200 Officer 0700-1200 PSO 0700-1500 FRI 4 PSO 1500-0000 PSO 1200-1800 Fourth of July Officer 1800-0000 PSO 1800-0100 Officer 1800-0000 PSO 1800-0000 SAT 5 PSO 1230-1830 PSO 1200-1800 Officer 1830-0130 PSO 1800-0100 SUN 6 PSO 1200-1700 PSO 1200-1700 PSO 1700-2100 MON 7 TUE 8 WED 9 Officer 1700-2100 THU 10 PSO 1700-2100 PSO 1800-2200 FRI 11 Officer 1730-0130 PSO 1800-0100 SAT 12 PSO 1230-1830 PSO 1200-1800 Officer 1830-0130 PSO 1800-0100 SUN 13 PSO 1200-1700 PSO 1200-1700 PSO 1700-2100 MON 14 TUE 15 WED 16 PSO 1700-2100 THU 17 Officer 1700-2100 PSO 1800-2200 FRI 18 Officer 1730-0130 PSO 1800-0100 SAT 19 PSO 1230-1830 PSO 1200-1800 Officer 1830-0130 PSO 1800-0100 SUN 20 PSO 1200-1700 PSO 1200-1700 PSO 1700-2100 MON 21 TUE 22 WED 23 Officer 1700-2100 THU 24 PSO 1700-2100 PSO 1800-2200 FRI 25 Officer 1730-0130 PSO 1800-0100 SAT 26 PSO 1230-1830 PSO 1200-1800 Officer 1830-0130 PSO 1800-0100 SUN 27 PSO 1200-1700 PSO 1200-1700 PSO 1700-2100 MON 28 TUE 29 WED 30 PSO 1700-2100 THU 31 Officer 1700-2100 PSO 1800-2200 South Lake Minnetonka Police Department PARK and DOCK PATROL Shift Schedule - August 2008 City of Excelsior DAY DAY ADDITIONAL of of PARK PATROL DOCK PA TROL COMMENTS WEEK MONTH FRI 1 Officer 1730-0130 PSO 1800-0100 SAT 2 PSO 1230-1830 PSO 1200-1800 Tour De Tonka Bike Ride Officer 1830-0130 PSO 1800-0100 SUN 3 PSO 1200-1700 PSO 1200-1700 PSO 1700-2100 MON 4 TUE 5 WED 6 Officer 1700-2100 THU 7 PSO 1700-2100 PSO 1800-2200 FRI 8 Officer 1730-0130 PSO 1800-0100 SAT 9 PSO 1230-1830 PSO 1200-1800 PSO 1830-0130 PSO 1800-0100 SUN 10 PSO 1200-1700 PSO 1200-1700 PSO 1700-2100 MON 11 TUE 12 WED 13 PSO 1700-2100 THU 14 Officer 1700-2100 PSO 1800-2200 FRI 15 Officer 1730-0130 PSO 1800-0100 SAT 16 PSO 1230-1830 PSO 1200-1800 Officer 1830-0130 PSO 1800-0100 SUN 17 PSO 1200-1700 PSO 1200-1700 PSO 1700-2100 MON 18 TUE 19 WED 20 Officer 1700-2100 THU 21 PSO 1700-2100 PSO 1800-2200 FRI 22 Officer 1730-0130 PSO 1800-0100 SAT 23 PSO 1230-1830 PSO 1200-1800 Officer 1830-0130 PSO 1800-0100 SUN 24 PSO 1200-1700 PSO 1200-1700 PSO 1700-2100 MON 25 TUE 26 WED 27 PSO 1700-2100 THU 28 Officer 1700-2100 PSO 1800-2200 FRI 29 Officer 1730-0130 PSO 1800-0100 SAT 30 PSO 1230-1830 PSO 1200-1800 Officer 1830-0130 PSO 1800-0100 SUN 31 PSO 1200-1700 PSO 1200-1700 PSO 1700-2100 South Lake Minnetonka Police Department PARK and DOCK PATROL Shift Schedule - September 2008 City of Excelsior DAY DAY ADDITIONAL of of PARK PA TROL DOCK PA TROL COMMENTS WEEK MONTH MON 1 PSO 1200-1700 Labor Day Park PSO monitor docks also TUE 2 WED 3 THUR 4 FRI 5 SAT 6 Apple Day SUN 7 MON 8 TUE 9 WED 10 THUR 11 FRI 12 SAT 13 SUN 14 MON 15 TUE 16 WED 17 THUR 18 FRI 19 SAT 20 SUN 21 MON 22 TUE 23 WED 24 THUR 25 FRI 26 SAT 27 SUN 28 MON 29 TUE 30 South Lake Minnetonka Police Department APPENDIX C Projected Cost to Excelsior for 2008 Park and Dock Patrol Services SOUTH LAKE MINNETONKA POLICE DEPARTMENT Hourly Cost of Seasonal Part-Time Positions Excelsior Park and Dock Patrol Services - 2008 Season Prepared by Chief Bryan Litsey Part-Time Seasonal Positions Hourly Payroll Workers' Administration Total Rate Taxes Compensation Fee * Park Police Officer $22.38 $1.71 $0.79 $1.12 $26.00 Park Service Officer $13.50 $1.03 $0.47 $0.68 $15.68 * Administrative Fee - 5% Notations: Additional Cost for Uniforms and Gear Figures Rounded SOUTH LAKE MINNETONKA POLICE DEPARTMENT PROJECTED BUDGET Excelsior Park and Dock Patrol Services - 2008 Season Prepared by Chief Bryan Litsey Part-Time Seasonal Positions Project Hours Hourly Rate Total Amount 2008 Season Total Park Police Officer Licensed Police Officer Position - Patrol Commons 279 $26.00 $7,254 Park and Central Business/Residential Areas Park Service Officer - Commons Park Civilian Position - Patrol Commons Park and Adjacent 281 $15.68 $4,406 Residential/Business Areas Park Service Officer - Municipal Docks Civilian Position - Patrol Port of Excelsior and 502 $15.68 $7,871 Municipal Docks Training $500 Uniforms and Gear $800 Total 1,062 $20,831 Projected Budget - 2007 Season Actual Total Cost - 2007 Season 1,131 $21,577 $19,015 Figures Rounded 'T SHOREWOOD 5755 COUNTRY CLUB ROAD •SHOREWOOD, MINNESOTA 55331-8927 • {952) 474-3236 FAX (952) 474-0128 • www.ci.shorewood.mn.us • cityhall@ci.shorewood.mn.us MEMORANDUM TO: Mayor and City Council FROM: Brad Nielsen DATE: 8 May 2008 RE: Appeal Notice to Remove and Zoning Violation Notice -Commercial Mortgage Fund, LLC FILE NO. Property (20540/20452 Excelsior Boulevard) In response to a Notice to Remove (see Exhibit A) that was sent to the owner of the above- referenced property, Kenneth Sorteberg has asked for an extension of time to remove items in violation of City Code (see Exhibit B). The appellant does not indicate how much time they need, but advises us that the property will be cleaned up by a developer, who is closing on the property on 9 May 2008. Staff has examined the site and found most of the construction debris to be confined to the property in question. It is recommended that the appellant be given an extension to 19 May, after which the matter will be turned over to the City Attorney for further legal action. cc: Larry Brown Tim Keane Joe Pazandak Kenneth Sorteberg ~~-:3 ~ .~ a®a® PRINTED ON RECYCLED PAPER CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD •SHOREWOOD, MINNESOTA 55331-8927 • (952) 474-3236 FAX (952) 474-0128 • www.ci.shorewood.mn.us • cityhall@ci.shorewood.mn.us DATE: 23 Apri12008 TO: Commercial Mortgage Fund LLC 8300 Norman Center Dr., Suite 720 Bloomington, MN 55437 PROPERTY LOCATION: 20540 and 20542 Excelsior Boulevard PROPERTY IDENTIFICATION NO.: 25-117-23-33-0080 and 0079 NOTICE TO REMOVE Offensive and Unhealthy Substances NOTICE IS HEREBY GIVEN that there exists a condition on the above referenced property which is in violation of Chapter 501, Section 501.05, Subd. 9 of the Shorewood City Code, a copy of which Section is enclosed. The offensive matter to be removed from the property includes, but is not limited to the following: Construction debris on both yards. You are hereby required to remove the above-described matter and any other offensive matter located on the property and in violation of Chapter 501, Section 501.05 within ten (10) days from the date hereof. In the alternative, you may file a written notice of appeal at the Shorewood City Hall within ten (10) days, in which case your appeal will be set for hearing at the next regularly scheduled meeting of the City Council. If you do not respond to this Notice within ten (10) days, the City shall take whatever legal action as maybe necessary to have the offensive matter removed. The costs incurred by the City for such removal shall be charged to the property owner and become a lien against the property. **X PLEASE GIVE THIS MATTER YOUR IMMEDIATE ATTENTION *** BY ORDER Ole' TIIE S1=IOREWOOD CITY COUNCIL IL s. «~ PRINTED ON RECYCLED PAPER Exhibit A MAV. 7.2008 2.49PM ~~~ '~ ~~IV~MFR~IAL ~.; ~ ~ , 1VIt~RT~AGE FUND LI_,c May 7, 2008 VIA FACSYMYY,~ 952.74.012$ Mr. Brad Nielsen Planning birector City of Shorewood 5755 Gauntry Club Road Shorewood, MN 55331 Re: 20540 and 20542 Excelsior Boulevard Property Ib No.: 25-11'7-23-33-0080 and 0079 Dear Mr, Nielsen, N0, 202 P, 1 Cozxxmexoial MoxCgage p`und, LAC recently received a copy of the enclosed Notice to Remove Offense and Unhealthy Substances in regards to the above-referenced property, I am writing to request fiom you an extension of time to remove the matter on the property. This property is being purchased by a developer and a closing is scheduled for May 9th. Once the developer is in possession of the property, the developer will be performing the clean u~p of the property. I thank you in advance for your cooperation on this xn~tter. Please forw~.rd t~ xce yaux deteirnination on the extension. If you have any questions or require additional inforn.Yation, please d4 x~,at >~esit~te to contact either June I-Iolmn en or nne. Claie~ Operating Exhibit B SHOREWOOD 5755 COUNTRY CLUB ROAD ®SHOREWOOD, MINNESOTA 55331-8927 • (952) 474-3236 FAX (952) 474-0128 ®www.ci.shorewood.mn.us ~ cityhall@ci.shorewood.mn.us MEMORANDUM TO: Mayor and City Council Larry Brown, Acting City Administrator FROM: James l_andini, City Engineer ~,. DATE: May 8, 2008 RE: Sanitary Sewer Connections As part of the Comprehensive Plan and City Ordinance 904, all homes are required to connect to the public sanitary sewer if the sewer abuts the property. The City's records indicate six homes in Shorewood currently are on septic systems and three of them abut a public sanitary sewer. The City Code 904 indicates the property owners that abut the public sanitary sewer, shall connect within 90 days of notification from the City Council. Attached are three letters to the property owners providing notice of the requirement to connect to the public sanitary sewer to comply with City Code. The three properties that are on septic systems and do not abut the public sanitary sewer are: 6185 Mill Street, 200 Gail Island, and 4800 Spray Island. Recommendation Staff recommends the City Council authorize the notice and direct staff to transmit the notice to the three property owners. t®a® PRINTED ON RECYCLED PAPER SHOREWOOD 5755 COUNTRY CLUB ROAD ®SHOREWOOD, MINNESOTA 55331-8927 • (952) 474-3236 FAX (952) 474-0128 • www.ci.shorewood.mn.us • cityhall@ci.shorewood.mn.us R B & H S Jerome Re: 5220 Shady Island Circle (Service Address) 145 Wheeler St. S St. Paul, MN 55105 Re: City Code 904- Sanitary Sewer Connections Dear Mr. & Ms. Jerome: City Code 904.05 requires all homes, buildings or properties used for human occupancy within the City and abutting a public sanitary sewer to connect to the public sanitary sewer at the property owner's expense. This connection needs to be completed within 90 days of this written official notice. As part of City Code 904.06 the septic system will need to be abandoned after connection to the public sanitary sewer. Our records indicate that you have public sanitary sewer abutting your property and you have not connected. This letter serves as the written official notice to connect. You have the right to appeal this notification and request a hearing before the City Council to explain why you should not be required to connect. The City must receive a written appeal within ten (10) days of this notice. City Staff will schedule the appeal for the next City Council meeting. The City Council meets the second and fourth Monday of each month at 7 pm. Your first step to comply with City Code is to hire a Registered Master Plumber contractor to make the connection and abandon-the septic system. In addition, there will be fees the City charges for service, connections and permits: Sewer Access Charge $1,200 one time fee Sanitary Sewer Service $70 per quarter Sewer Connection permit $150 permit fee If you have any questions relative to this matter, please do not hesitate to call James Landini, City Engineer, at 952-474-3236. On behalf of the Shorewood City Council Christine Lizee, Mayor Cc: Tim Keane Larry Brown Brad Nielsen Bonnie Burton j®~® PRINTED ON RECYCLED PAPER May 8 2008 °T May 8 2008 SHOREWOOD 5755 COUNTRY CLUB ROAD °SHOREWOOD, MINNESOTA 55331-8927 • (952) 474-3236 FAX (952) 474-0128 ° www.ci.shorewood.mn.us ° cityhall@ci.shorewood.mn.us Janet Sue Mo1in Re: 4405 Enchanted Point (Service Address) 1950 Westwood Cir Roseville, MN 55113 Re: City Code 904- Sanitary Sewer Connections Dear Ms. Molin: City Code 904.05 requires all homes, buildings or properties used for human occupancy within the City and abutting a public sanitary sewer to connect to the public sanitary sewer at the property owner's expense. This connection needs to be completed within 90 days of this written official notice. As part of City Code 904.06 the septic system will need to be abandoned after connection to the public sanitary sewer. Our records indicate that you have public sanitary sewer abutting your property and you have not connected. This letter serves as the written official notice to connect. You have the right to appeal this notification and request a hearing before the City Council to explain why you should not be required to connect. The City must receive a written appeal within ten (10) days of this notice. City Staff will schedule the appeal for the next City Council meeting. The City Council meets the second and fourth Monday of each month at 7 pm. Your first step to comply with City Code is to hire a Registered Master Plumber contractor to make the connection and abandon the septic system. In addition, there will be fees the City charges for service, connections and permits: Sewer Access Charge $1,200 one time fee Sanitary Sewer Service $70 per quarter Sewer Connection permit $150 permit fee If you have any questions relative to this matter, please do not hesitate to call James Landini, City Engineer, at 952-474-3236. On behalf of the Shorewood City Council Christine Lizee, Mayor Cc: Tim Keane Larry Brown Brad Nielsen Bonnie Burton .s ~ • PRINTED ON RECYCLED PAPER ap SHOREWOOD 5755 COUNTRY CLUB ROAD •SHOREWOOD, MINNESOTA 55331-8927 ®(952) 474-3236 FAX (952) 474-0128 • www.ci.shorewood.mn.us • cityhall@ci.shorewood.mn.us Roman & Adeline Wartman 26750 Smithtown Rd. Shorewood, MN 55331 Re: City Code 904- Sanitary Sewer Connections Dear Mr. & Ms. Wartman: City Code 904.05 requires all homes, buildings or properties used for human occupancy within the City and abutting a public sanitary sewer to connect to the public sanitary sewer at the property owner's expense. This connection needs to be completed within 90 days of this written official notice. As part of City Code 904.06 the septic system will need to be abandoned after connection to the public sanitary sewer. Our records indicate that you have public sanitary sewer abutting your property and you have not. connected. This letter serves as the written official notice to connect. You have the right to appeal this notification and request a hearing before the City Council to explain why you should not be required to connect. The City must receive a written appeal within ten (10) days of this notice. City Staff will schedule the appeal for the next City Council meeting. The City Council meets the second and fourth Monday of each month at 7 pm. Your first step to comply with City Code is to hire a Registered Master Plumber contractor to make the connection and abandon the septic system. In addition, there will be fees the City charges for service, connections and permits: Sewer Access Charge $1,200 one time fee Sanitary Sewer Service $70 per quarter Sewer Connection permit $150 permit fee If you have any questions relative to this matter, please do not hesitate to call James Landini, City Engineer, at 952-474-3236. On behalf of the Shorewood City Council Christine Lizee, Mayor Cc: Tim Keane Larry Brown Brad Nielsen Bonnie Burton ~®«® PRINTED ON RECYCLED PAPER May 8 2008 SHOREWOOD 5755 COUNTRY CLUB ROAD •SHOREWOOD, MINNESOTA 55331-8927 • (952) 474-3236 FAX (952) 474-0128 • www.ci.shorewood.mn.us • cityhall@ci.shorewood.mn.us MEMORANDUM TO: Mayor and City Council Larry Brown, Acting City Administrator FROM: James Landini, City Engineer -~ DATE: May 8, 2008 RE: Resolution Accepting Plans, Specifications and Authorizing Advertisement for Bids for Mill & Overlay of Streets for 2008. As part of the Operating Budget, funds are set aside each year for Road Maintenance. The 2008 budget has $100,000 earmarked for seal coating and $200,000 for additional road maintenance. The additional road maintenance was discussed to be "Slurry Coating" or Polymerized Asphalt Emulsion, but due to its performance a different approach is recommended. The performance of the Slurry Coat was discussed at the April 28 City Council Meeting. Staff recommends seal coating with an upgraded bituminous oil and incorporating a mill & overlay program. Streets chosen for the mill & overlay must have a foundation capable of supporting the surface and have a PASER rating of 4 or higher. The $300,000 budgeted in total for road maintenance is proposed to be split between mill & overlay ($120,000) and seal coating ($180,000). Streets scheduled for 2008 mill & overlay are shown on the attached map and are: Blue Ridge Lane, Cathcart Drive, Apple Road. This schedule may change due to budgetary constraints. Therefore the attached resolution approves the plans and specifications for such services and authorizes the advertisement for bids. If approved, the bid opening for this project is scheduled for 10:00 a.m., Wednesday, June 4, 2008. Recommendation Staff recommends approval of the attached resolution that approves the plans and specifications for the Mill & Overlay of Streets for 2008, and authorizes advertisement for bids. .~ r®«' PRINTED ON RECYCLED PAPER CITY OF SHOREWOOD RESOLUTION NO. 08- A RESOLUTION APPROVING SPECIFICATIONS AND ESTIMATE AND AUTHORIZING ADVERTISEMENTS FOR BIDS FOR 2008 MILL & OVERLAY CITY PROJECT 08-04 WHEREAS, the City of Shorewood designates $120,000 for mill & overlay; and WHEREAS, the Director of Public Works has identified streets within the City that need mill & overlay; and WHEREAS, the City Engineer has prepared Specifications and Estimate dated May 8, 2008 for a project within the City of Shorewood for the 2008 Mill & Overlay of Streets. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood, Minnesota: The Specifications and Estimate was prepared by the City Engineer for such improvement. Said Specifications and Estimate are hereby approved and shall be filed with the City Clerk. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in Construction Bulletin an advertisement for bids, attached hereto as Exhibit A, upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for 2 weeks, shall specify the work to be done, shall state that bids will be opened and considered by the Council at 10:00 a.m. (CST), on June 4, 2008, in the City Hall Council Chambers, and that no bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond, or certified check payable to the Clerk for 5 percent of the amount of each bid. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 12t~' day of May, 2008. ATTEST: Laura Turgeon, Acting Mayor Larry Brown, Acting City Administrator/Clerk ADVERTISEMENT FOR BIDS 2008 Bituminous Mill, Overlays and Appurtenant Work for Apple Road, Blue Ridge Lane and Cathcart Drive City Project No. 08 - 04 City of Shorewood, Minnesota NOTICE IS HEREBY GIVEN that sealed proposals will be received at the City Clerk's Office in the City of Shorewood, Hennepin County, Minnesota at the Shorewood City Hall, 5755 Country Club Road, Shorewood, Minnesota 55331, until 10:00 A.M. on Wed., the 4th day of June, 2008 and will be publicly opened at said time and place by two or more designated officers or agents of the City of Shorewood. Said proposal to be for the furnishing of all labor and materials for the construction complete in place of the following; 2300 SY MILL BITUMINOUS SURFACE 350 TON TYPE 31 LEVELING COURSE MIXTURE 1500 TON TYPE 41 WEARING COURSE MIXTURE 650 GAL BITUMINOUS MATERIAL FOR TACK COAT Proposals arriving after the designated time will be returned unopened. The bids must be submitted on the proposal form provided in accordance with the contract documents, plans and specifications as prepared by the City of Shorewood, 5755 Country Club Road, Shorewood, Minnesota 55331, which are on file with the City Clerk of the City of Shorewood. Copies of Proposal Form Specifications for use by the contractors submitting a bid may be obtained from City Hall, City of Shorewood, 5755 Country Club Rd, Shorewood, Minnesota 55331, upon a deposit (non-refundable) of Twenty Five Dollars and No Cents ($ 25.00) per set. No Bids will be considered unless sealed and endorsed upon the outside wrapper, "BID FOR 2008 BITUMINOUS MILL and OVERLAYS" and filed with the City Clerk of the City of Shorewood and accompanied by a cashier's check, payable to the City of Shorewood for 5% of the amount of the bid to be forfeited as liquidated damages in the event the bid is accepted and the bidder should fail to enter promptly into a written contract and furnish the required bonds. The City of Shorewood reserves the right to reject any and all bids. No bids may be withdrawn for a period of (30) days from the date of opening the bids. Date: May 12th, 2008 BY: ORDER OF THE CITY COUNCIL Larry Brown, Acting City Administrator PUBLISHED IN: The "Construction Bulletin" May 19th & May 26th, 2008 The "Sun Sailor" May 22°d & May 29th, 2008 2008 Bituminous Mill and Overlays AFB Exhibit A X 0 ~° ® ~~ ~ ~ ~~ ~~ $ ~; ~ o ~ °° ~~ ~~ ~ ~m ~ ~ o ~~ ~( ffio~ ~~' _ ~ CITY OF 0 ~~ RO ~ 1~~ G~ /' 6t°` ~~~ ~ ~ TONKA BAY ~~ ~a~~` ~i C~~ Ertig oc 6 ~,6n g~a aPC nRO ~ s DUCK FROG I ce I: e cIR ~ ~~ ._ ~ ~~~~~ ~ vti ~ a ~ ~ isEnivo S ~ aka ~ a a ec~ ~~~ 6 ~~ ~ ~ ~ ~ J ~ ~ a ~ __ '~ ~~ = oc~wooo ao ~ o ~ o /~ ~ SRI OCE~ ~ o~ in y i.c.e.i~n. _-, ~~ SLAND a G, ~ illy n OP~ ? 9 o AMIE[. f7- ~„ \ ~~ ~ O ~P ~~ ~~ "°a<F w ,P~ ~,~«~w~~~ ~~s~NE ~ ~ ~~°bz '~ r~M~FR ~>~a~~ ~~~~ J ~; ~~ ~~ ~ 5~ ~~~- o a 1 {~F{yB~ mB~ ~3 g INE 1 D OR ~ ~~ ~ ~ ko ~, c ~ n clan Ro ~ a EKE a n ~~ ~_ ~ Il~l~ ~ ~4p ~ Heft,. ~ NAR H POfKi[ 4RAOR CRELK ~~ ROS Lp ~ ~ ? ~ Z na c I i OrOV rF ~ 64~ ~ I ~/~ clad r~~ ~ nn ~ ~ R ` ~ ~ a J Y Q JI a€RO y fiRl'nIN~AN^.~ i~_IO i~ - , MARSH PCINiE ~' ~~ ~o J o'? 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PF'~9EeP I I u V\C~~' l I ~ c J N ONE RAM1IPAR I I W ~ ry 'C~ 2 4 F i~ ~ ~~T BEVERLY DR it ~ I o _ ~~OWSi InA?LE ~ '~P 'rtU ruA P ~ I r'- I ~- ~F f.T .y ~ ~' ~ ~ RHAY $~ BJ s ~ ° 7 ~~oeenoao ° ~~' i la - - a '(~ av s ~ ~ Aeu ne a 8 ~ ~ ° ~c^ ~ ~ _ ~ ~ m ~ O d Q Q Q W ~ Q n~fta~ v I .-~ RIDGE `~ ~n a ~ _ ~ ~ i vP pan~roao ",1 U ~ ~ ~ .~.~~_ _~ a jp J P r PPRK ~ I~ K µt L~- ~~ . WIC SEY ~(R' °' °ti o- a SP ~ F ~ ~ - la ¢ ~ I EaF m. ° uyt X10 7 f fps @o i n v F. ~. ~ Fr r, I 0` 5 ORF .1000 v ~~ S`AT` ~f-If--- -T` °R ~ --~ ~ CITY OF VICTORIA < ~ _s ~ ITY OF I - ~ C uEac En exNO sr w szRO s v~ SInTE. Rwv n!o 7 ~ I' ~ - CITY OF CriAA~NASSEN ~ ~~ ~ ~ x CATHCART Z ~ d PARK CATHCART DRIVE ~ APPLE ROAD SHEET 6 SHEET 4 Q J BLUE RIDGE LANE Q SHEET 5 STREETS IN PROJECT AREA z w ~~ ~~ ~N p_ Clty of Shaewood Oepts of Public Works and Engineering 5755 Country Club Rd Shorewood MN, 55331 672.474.3236 CITY PROJECT 08 - 04 SHEET 2 OF 6 SHEETS