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082586 CC Reg AgP .. C1TY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, AUGUST 25, 1986 r .._ COUNCIL CHAMBERS 5755 COUNTRY CLUB LANE 7:30 PM AGE N D A CALL TO ORDER A. B. Pledge of Allegiance Shaw /, Stover o~",,-t Gagne ~ Rascop Haugen=:2" Roll Call Mayor 1. APPROVAL OF MINUTES A. Regular Council Minutes - August 11, 1986 (Att #1 - Minutes) 2. MATTERS FROM THE FLOOR A. B. 3. PLANNING COMMISSION REPORT A. B. 4. PARK COMMISSION REPORT A. Request for Proposal - Warming House/Pavilion (Att #4A-RFP) 5. TEMPORARY SIGN PERMIT REQUEST Applicant: Our Saviors Lutheran Church Location: 23290 St. Hwy 7 (Att #5 - Request Letter) 6. REQUEST FOR WATER IMPROVEMENT Applicant: Jerry Peterson Location: 4660 Bayswater Road (Att #6 - Letter of Reques' -1- COUNtIL A'GENDA MONDAY, AUGUST 25, 1986 page two 7. REQUEST FOR RECONSIDERATION - DOCK PERMIT Applicant: Don Shafer Location: 5570 Timber Lane 8. SLMPSD - 1987 BUDGET REQUEST (Att #8 - Council Insert) 9. PLANNERS REPORT A. Resignation from Planning Commission member Frank Reese. (Att #9 - Memo) B. Explanation - Regarding fees - Dennis Jabs C. 10. ATTORNEYS REPORT A. Council S~lary Ordinance - 1st Reading (Att #lOA - Draft Ord.) B. Snowmobile Ordinance - 1st Reading (Council insert) C. Eureka Road Drainage Easement - Status Report (Att #lOC - Majestic letter) D. Water Tower Site - Status Report E. 11. ENGINEER REPORT A. Project 86-1 - Change Order (Att #11 - Memo & Change Order) B. City Projects - Status Report C. -2- -3- CITY OF REGULAR MONDAY, ~,. SHOREWOO r COUNCIL ETING AUGUST 11, 1986 '}~OUNCIL CHAMBERS ~. · 5755 COUNTRY CLUB ROAD 7:30 PM MINUTES CALL TO ORDER The~regular meeting of the Shorewood City Council was called to or~er at 7=30 PM August 11, 1986 in the Council Chambers, by Mayor Rascop. PLEDGE OF ALLEGIANCE AND PRAYER Mayor Rascop opened the Council Meeting with the Pledge of Alle- giance and a Prayer. ROLL CALL Present: Mayor Rascop, Council Members Haugen, Shaw, Stover and Gagne. Staff: Attorney Forberg, Engineer Norton, Administrator Vogt and Clerk Kennelly. APPROVAL OF MINUTES Shaw moved, seconded by Haugen, to approve the minutes of the regular Council Meeting of July 28, 1986 as corrected. Motion carried - 5 ayes. MATTERS FROM THE FLOOR COMPLAINT ON VARIANCE PROCEDURES Mr. Dennis Jabs-20915 Radisson Inn Road Mr. Jabs questions the fees charged for the variance and CUP pro- cess. He indicated that he was replacing a handicap ramp with a large deck when the building inspector stopped construction be- cause no permit had been applied for. He was then told he also needed a CUP and variance and the fees required for that. He feels the fees are unfair because his neighbor did not have to pay those kind of fees. Rascop directed the Staff to obtain additional information and get back to Mr. Jabs. ROAD REPAIR CLARIFICATION A member of the audience asked the amount of funds that were planned to be spent and what roads would be repaired this year. Rascop responded that the City will be spending approximately $300,000 on the Vine Hill Road overlay road replacement from Boulder Bridge Drive to Howards Point Road and 5 miles of seal- coating. -1- I COUNCIL MEETING ~ AUGUST 11, 1986 page two ~ CONSENT AGENDA EMPLOYEE RELATIONSHIP POLICY APPROVAL Stover moved, seconded by Haugen, to accept the revised employee policy. Motion carried-- 5 ayes. PLANNING COMMISSION REPORT Stover referred to the minutes of the Planning Commission of August 5, 1986 submitted in this Council packet. PARK COMMISSION REPORT Shaw reported on the Park Commission discussion to have the bad fill removed from the football field and replace with good fill. He reported that Mr. Jurgens had verbally submitted his resig- nation from the Park Commission. Haugen moved, seconded by Shaw, to not accept his resignation until a clarification as to his reason of resignation. Motion carried, Shaw will discuss with Mr. Jurgens. SETBACK VARIANCE-4695 Lagoon Drive RESOLUTION NO. 94-86 Mike McDonald of 4695 Lagoon Drive has requested a 8' side line variance and a 2' lakeshore setback variance, due to the topograghy of the lot. Gagne moved, seconded by Stover, to grant the varicmces as requested due to the hardship of topography of his lot. Motion carried by Roll Call Vote - 5 ayes. SIMPLE SUBDIVISION AND VARIANCE 4(:$00 Rustic Way Cyril Kerber of 4800 Rustic Way has requested a simple subdivision requiring a lot area variance to meet the R-IA requirement of 40,000 square feet, the lots will consist of 40,036 square feet and 39,823 square feet. Haugen moved, seconded by Stover, to approve variance subject to the four recommendations port dated July 31, 1986. Motion carried by RESOLUTION NO. 95-86 the subdivision and of the planners re- Roll Call Vote - 5 ayes. SIGN PERMIT - 19335 ST. HWY 7 A request for a 27" x 40" sign for the Arnolds Restaurant at 19335 St. Hwy. 7. Haugen moved, seconded by Shaw, to approve the sign permit as requested. Motion carried - 5 ayes. 2- COUNCIL MEETING 4It AUGUST 11, 1986 page three 4It REMOVAL OF BUILDING - 5470 COVINGTON ROAD A request from Mark Johnson to remove a house that he has purchased at 5470 Covington Road was presented. He has been asked to remove the house by August 25, do to a Parade of Homes at that location. Attorney Froberg reviewed the requirements of the City Ordinance. It is necessary for the Building Inspector to inspect and approve the moving equipment, which is licensed by the State, the Planning Commission is to review the request and make recommendations to the Council for their approval. Haugen moved, seconded by Gagne, to waive the portions of the City Ordinance covered by State Statues; and to have the Building inspec- tor handle the requirements of the Planning Commission if approved, then poll the Council verbally for approval. Motion carried - 5 ayes. PUBLIC DISCUSSION OF GARBAGE ORDINANCE DRAFT Attorney Froberg reviewed for the audience, the provlslons of the proposed Ordinance. It calls for dividing the City into zones and bidding out each of these areas, according to specifications, to one contractor bidding the lowest price. Mayor Rascop opened the meeting for public comments. Marcila William asked if they would have to pay for service while they were gone for the winter months. Jim Hoban and mother Donna Hoban were opposed to City contracting and in favor of the independent haulers. Walter Bean asked if different zones would be paying different rates. Attorney Froberg felt the prices should be the same throughout the City. Mr. Bean did feel that the current system of trucks running every day in the streets was "crazy". Henry Carson asked about senior citizen discounts and in garbage services. He also felt that the control of garbage truck traffic is only a small part of the road destruction, he has watched many other vehicles with equal weight traveling on the roads uncontrolled. Most important is in favor of freedom of choice. The audience was in agreement with his comments. Don Messenger, asked if the lowest bidder would automatically get the bid, or does the matter of capability enter in the discussion. Gordon Schmidt former owner of Crosstown Sanitation has bid Cities previously and feel the resident gets poorer service, and less trust- worthy. -3- COUNCIL MEETING AUGUST 11, 1986 page four . . GARBAGE ORDINANCE DRAFT DISCUSSION cont. Bernie Peterson is for freedom of choice, also is concerned that the rates may go up in the future, and the larger haulers will be able to under bid the smaller haulers. Mark Simerx has had problems with haulers and doesn't want to deal wi th that again'. Peter Royce asked if the Councils biggest concern are the road conditions. He would rather keep his choice of service and pay his portion of road repair costs. Jim Janowski, owner of Waste Management stated that he was in favor of citizens choice. Billy Maddy and Dick Raddy were in favor of independent service and didn~ want to have to change service. Don Messenger asked if the City would reimburse the Joss of service to those contractors that didn't receive any of the bids. Admin- istrator Vogt encouraged the audience to submit written or oral comments to the City. He indicated that there could be other options to keep house pick up by use of small satelite trucks, designated streets, senior discounts, right to change haulers, and type of ser- vice. Mrs. Wrede asked if this issue could be voted on. Rascop informed her that this was not an election issue. Henry Carson asked the Council for their opinions on this issue. Gagne stated that his concerns were for the protection of the streets and feels that this method could help. Mark Simcox feel that the garbage trucks were not the only problems and that additional study was needed. Haugen was also concerned about road damage, but had also heard that the Met Council may get involved in determining how the Cities should control this service. Engineer Norton reviewed the current spring weight restriction Ordi- nance and truck weight comparisons. Mrs. Wrede thought the road should be maintained and resurfaced more often. Council explained the high cost of rnad replacement, citing a current project of road replacement of 1100 feet costing $150,000. Jerry Ellis asked what percentage of other trucks versus garbage trucks are the cause of the road damage and what percentage of the roads were poorly constructed. He feels that the people should have their own choice of service. -4- COUNCIL MEETING . AUGUST 11, 1986 page five . ~. . GARBAGE ORDINANCE DRAFT DISCUSSION cont. Stover has concerns for the cost of road repairs but favors free enternrise to obtain better service. Shaw indicated that his neighborhood joined together and hired one service, but he's not exactly in favor of Cities draft of the Ordi- nance. Rascop his neighborhood joined together also, and concerns of high cost replacements. He did discuss the possibility of seal- coating and repairs the roads and levying the costs back to the residents. Kathy Royce feels that at the rate of repairs most of the residents would never see their streets repaired while they live in their homes. Bill Kerber of Crosstown Sanitation doesn't feel that the reduction of 3 or 4 trips down a road by garbage trucks was not accomplishing anything. Vern Bauman wants to know what will be done in the event that the residents are receiving poor service. Lela Groupman asked if the resident will be notified when the Counci~ will discuss this matter again. Council will discuss the Garbage Ordinance at the September 8th Council Meeting. This will be in the local newspapers. All com- ments both written and oral will be accepted for review at that meeting. Haugen feels local level. intention of controls. that this discussion and control should remain at the Vogt will obtain additional information regarding the Hennepin County or Met Council looking at this type of POLICE CONTRACT APPROVAL RESOLUTION NO. 96-86 Council received the draft Police contract beginning 1988. Minor changes were made, this new draft will be drawn and submitted to the other joint powers Cities for approval. Shaw moved, seconded by Gagne, to accept the amended Police contract and authorize the contract for signature and submittal to the other Cities for approval. Motion carried by Roll Call Vote - 5 ayes. ATTORNEYS REPORT Nephew Lawsuit The Cities portion of this'lawsuit has been settled by the Cities former insurance company. The other parties have not settled yet. -5- COUNCIL MEETING AUGUST 11,1986 page six . . ATTORNEYS REPORT cont. Naegele Lawsuit Correspondence ha~ been received indicated that they came to an agreement on the xemoval of the billboard on Hwy 7 and Christmas Lake Road. Eureka Road Drainage Easements are still being obtained ~estic's easement should be agreed upon this week. ENGINEERS REPORT Award Sealcoating Bid - Project 86-3A RESOLUTION NO 97-86 Bids were received on sealcoating at 11:30 AM)August 11, 1986. Engineer Norton recommended awarding the Bid to Allied Blacktop Co. in the amount of $31,425.90. Gagne moved, seconded by Haugen, to award the bid for Project 86-3A to Allied Blacktop Co. as recommended. Motion carried by Roll Call Vote - 5 ayes. Water Tower Site - Status Report Norton has been informed by MnDot that they only have an easement for the property the City has requested by the Southeast Area Water Tower site. F~oberg has talked to the Attorney General Office and they feel the wrong type of title was issued, but it may take months to clear up. Gagne is in favor of relocating the tower site. Vogt is working on changing the agreement with Minnetonka to pro- vide more than 90 water connections because of the development and the delays on the installation of the deep well and tower. Smithtown Road Replacement Project Change Order #1 Due to the need to add an additional french drain and a catch basin, Norton is recommending the approval of a change order in the amount of $1190.00. This is due to the need of an additlonal sub cut of 2" in the road. Gagne moved, seconded by Shaw, to approve the change order. Motion carried - 4 ayes 1 nay (Rascop). -6- COUNCIL MEETING ~ AUGUST 11, 1986 . page 7 . ADMINISTRATIVE REPORT Approval of Assessor Contract Administrator Vogt recommended acceptance of the assessing con- tract with Rolf Erickson for the assessing year September 1, 1986 to August 30, 1987, at"an increase of 5.3%, 1650.00 per month. Gagne moved, se~onded by Stover, to approve the assessor contract as recommended. Motion carried - 5 ayes. Animal Contract Under the new animal contract, ~he Chanhassen Veterinarian Hos- pital will be used for boarding at a daily charge of $7.00 and $15.00 for disposal. Shaw moved, seconded by Haugen, to approve the animal patrol contract with Midwest Animal Service. Motion carried - 4 ayes 1 obstain (Stover). Council Salary Schedule The Council salary schedule will be discussed at the meeting of August 25, 1986. Union Contract Executive session will be held following the regular Council Meeting of August 25, 1986 to discuss the new union contract. MAYORS REPORT LMCD auditor statement is available for reviewal. COUNCIL REPORTS Gagne instructed staff to look into the sign violation by the dockage sales at 19285 St. Hwy 7. APPROVAL OF CLAIMS AND ADJOURNMENT Shaw moved, seconded by Haugen, to adjourn the Regular Council ~eeting of August 11, 1986 at 10:35 PM subject to approval of claims. Motion carried - 5 ayes. -7- CHECK NO 32352 32353 32354 32355 32356 32357 32358 32359 32360 32361 32362 32363 32364 32365 32366 32367 32368 32369 32370 32371 32372 32373 32374 32375 32376 32377 32378 32379 32380 32381 32382 32383 32384 32385 32386 32387 32388 32389 32390 32391 32392 32393 32394 32395 32396 32397 32398 32399 32400 32401 . . GENERAL FUND - BILLS PAID SINCE AUGUST 6, 1986 TO WHOM PAID Metropolitan Waste Ctrl Comm. David Haskins American Linen Supply Co. AmeriData Systems, Inc. Associated Asphalt, Inc. Bob's Personal Coffee Servo Cato Parts Servo Chanhassen Lawn & Sports City of Tonka Bay The Dale Green Co. City of Deephaven Donovan Const. Co. Feed-Rite Controls, Inc. Froberg & Penberthy, P.A. Edina Realty, Inc. Chapin Publishing Co. Hance Hardware, Inc. Harmon Glass Lano Equipment, Inc. Long Lake Ford Tractor, Inc. Lyman Lumber Co. Matthias, Roebke & Maiser Metro West Inspection Servo Midwest Animal Servo Inc. Midwest Asphalt Corp. Minnegasco Munitech, Inc. Navarre Hdw€:. NSP Pepsi Cola Bottling Co. Judy Quaas Ranger Products Ruffridge-Johnson Equip Co. S & S Welding, Inc. Shorewood Tree Service Vessco, Inc. Walt's Garage Warner Hardware,Inc. Water Products Co. Weekly News, Inc. City of Excelsior Void Henn Cty Dept Property Tax Petty Cash Evelyn Beck Commercial Life Ins. Co. Commissioner of Revenue Public Employees Retirement State Treas. - Soc. Sec. Fund D.O.E.R. - S.S. RET. DIV. PURPOSE AMOUNT July, 1986 SAC Charges Refund of Bldg Permit Laundry Serv.-City Hall/Garage Computer Paper/Servo Contract Hot Mix- Patching Coffee, Filters, Sugar, Bags Repair Hydraulic Pump- Public Files - Public Works 2nd Qtr. Water Purchase/Lift #2 Pulverized Dirt - Parks Street Striping Set Pole W/Siren Ch~mical & Tubing-Wdhaven/Boulder Legal Fees/S.E. Area Water Mn State Deed Tax Refund Advert. Bids for St. Improvements Telephone-Parks/Wheels/Contact paper 2 Tinted Windshields-Public Works Bobcat Purchase Rental of Mower Bldg. Maint. - Parks Financial Statements Prot Insp - June, 1986 Animal Control - July, 1986 Limestone - Street Repair Utilities - BIder Bridge/Amesbury Maint. Serv.-Water/Sewer Spray/Signs/Supplies/Bldg Maint City-Wide Electricity Pop - City Hall Cleaning City Hall Genl Supplies - Public Works Crack Filling Pot w/legs "A" frame straightened - Truck 116 Brush Hauling Repair Well Pump & Misc Parts Truck #3-Replace Engine/Starter Equip. Maint/Supplies/Small Tools Parts for Boulder Bridge New Taps Legal Notices 2nd Qtr Water Purchase Void Postal Verifications Reimburse Petty Cash Mileage Exp. - GFOA Conference Employee Life Ins - Sept. '86 July, 1986 Fuel Tax 08/16/86 payroll - PERA " "- FICA " "- Medicare $ 1,410.75 100.00 144.44 795.40 -2,195.26 57.42 Works 296.72 82.14 544.62 80.00 424.52 320.00 B. 180.99 5,233.00 56.10 72.52 48.37 230.91 11,675.00 75.00 283.72 1,510.00 1,020.00 459.60 790.51 67.20 3,644.61 95.45 1,460.61 88.95 126.00 41.15 95.15 200.00 910.00 154.83 204.13 32.19 8.26 441. 20 1,348.17 - 0 - 6.16 18.81 28.11 20.16 21.54 1,161.30 2,012.89 4.08 - 1 - . . GENERAL FUND - BILLS PAID SINCE AUGUST 6, 1986 CHECK NO TO WHOM PAID 32402 32403 32404 32405 32406 The Bank Excelsior Commissioner of Revenue ICMA Retirement Corporation City-County Credit Union Child Support Enforcement Unit PAYROLL CHECK LIST 200496 200497 200498 200499 200500 200501 200502 200503 200504 200505 200506 200507 200508 200509 200510 200511 Void Daniel J. Vogt Sandra L. Kennelly Susan A. Niccum Shelly L. Trinka Evelyn T. Beck Kathleen G. Schwankl Bradley J. Nielsen Patricia R. Helgesen Bradley J. Nielsen Charles S. Davis Dennis D. Johnson Daniel J. Randall Howard Stark Ralph A. Wehle Donald E. Zdrazil PURPOSE 08/16/86 payroll_ - FWH " " - SWH " " - ICMA " " - Credit Union " " - Income W/H SUBTOTAL Void 80 hrs 80 hrs 80 hrs 80 hrs 80 hrs 82 hrs 80 hrs 64 hrs Motor Vehicle Allowance 80 hrs 82 hrs 80 hrs 82 hrs 80 hrs 80 hrs SUBTOTAL TOTAL - 2 - AMOUNT $ 1,643.46 733.19 263.00 32.00 140.50 $ 43,090.09 - 0 - 937.28 611.49 450.44 320.76 752.12 499. 72 747.78 434.58 102.36 401.13 614.03 595.28 546.60 519.31 780.17 $ 8,313.05 $ 51,403.14 CHECK NO 4802 4803 4804 4805 4806 4807 4808 4809 4810 4811 4812 4813 4814 4815 4816 .4817 4818 4819 4820 4821 4822 4823 4824 4825 4826 4827 4828 4829 4830 4831 4832 4833 4834 4835 4836 4837 4838 4839 4840 4841 4842 4843 4844 4845 4846 4847 l . . LIQUOR FUND - BILL PAID SINCE AUGUST 6, 1986 TO WHOM PAID AT&T Communicatio.ns BellBoy Corporation Day Distributing C~. Eagle Distributing'Co. Four Star Bar &Rest. Supply G & K Services Griggs, Cooper & Co., Inc. Intercontinental Pkg. Co. Johnson Bros. Wholesale Liq Co Paustis & Sons Pepsi Co1~ Bottling Co. Ed. Phillips & Sons Co. Pogreba Distributing, Inc. Prior Wine Co. Mark VII Distributors, Inc. MN Bar Supply, Inc. MN Suburban Newspapers, Inc. National Guardian Security Servo North Star Ice NSP Quality Wine & Spirits Co. RBKS Corp. Nelson Delivery Sun Community Directories, Inc. Thorpe Distributing Co. Twin City Wine Co. Commissioner of Revenue BellBoy Corporation Coca-Cola Bottling Midwest Eagle Distributing Co. East.Side Beverage Co. Griggs, Cooper & Co., Inc. Johnson Bros. Wholesale Lig. Co. Jude Candy & Tobacco., Inc. Minnegasco NSP RBKS Corporation/Nelson Delivery Old Dutch Foods, Inc. Ed. Phillips & Sons Co. Prior Wine Co. Quality Wine & Spirits Co. Royal Crown Beverage Co. Twin City Wine Co. Commercial Life Ins. Co. Commissioner of Revenue Commissioner of Revenue City of Shorewood PURPOSE Telephone Service Liquor Purchases Beer/Pop Purchases Liquor Purchases Misc Purchases Laundry Service Liquor Purchases Wine Purchases " " " " Pop Purchases Liquor/Wine Purchases Beer/Pop/Misc Purchases Wine Purchases Wine/Beer Purchases Misc. Purchases Advertising Burglar Alarm SVC Misc Purchases Utilities Wine Purchases Shipping Expense - July '86 Advertising Beer Purchases Wine Purchases May Sales Tax, 1986 Liquor Purchases Pop Purchases Liquor/Wine Purchases Beer Purchases Liquor Purchases Wine Purchases Cigarette/Misc Purchases Utilities Utilities July Shipping Expense Misc Purchases Wine/Liquor Purchases Wine Purchases Liquor/Wine Purchases Pop Purchases Wine Purchases Employee Life Ins - Sept. '86 June, '86 Sales Tax - 2nd Half July, '86 Sales Tax Payroll Reimbursement SUBTOTAL - 1 - AMOUNT $ 2.54 919.46 5,160.96 4,947.97 47.58 36.20 1,252.04 120.18 910.52 131. 36 594.30 1,444.36 4,862.08 500.29 6,760.20 185.07 53.00 464.52 706.10 334. 18 617.85 192.00 306.00 11 ,006.88 1,279.93 759.92 922.60 751.08 4,030.86 7,612.25 829.73 1,672.45 2,317.64 150.37 211.97 110.50 175.75 312.28 411. 23 709.84 44.50 237.75 4.32 3,968.52 8,249.31 3,964.51 $80,282.95 . . LIQUOR FUND - BILLS PAID SINCE AUGUST 6, 1986 CHECK NO TO WHOM PAID PURPOSE AMOUNT PAYROLL CHECK LIST 200512 Russell R. Marron 80 hrs $ 490.20 200513 Robert F. Nash 44 hrs 213.41 200514 Christopher Schmid 41 hrs 155.28 200515 Donald Thara1son 7 hrs 33.03 200516 Stephen H. Thies 24 hrs 106.87 200517 Todd H. Ogin 6 hrs 25.07 200518 Ross Nasset 18 hrs 87.30 200519 John F. Thompson 7 hrs 33.95 200520 John F. Josephson 21. 5 hrs 94.74 200521 William F. Josephson 80 hrs 524.56 200522 Susan M. Latterner 30 hrs 121. 37 200523 Steven D. Maeger 55.5 hrs 242.46 200524 Dean H. Young 80 hrs 482.82 200525 Joel S. Bovee 24 hrs 116.40 200526 Tim Stevenes 29 hrs 138.61 SUBTOTAL $ 2,866.07 TOTAL $83,149.02 . . I. BACKGROUND The ~ity of Shorewood is a municipal corporation which provides public ser- vices and park facilities to approximately 4,800 residents. The City's Parks are located in various sections of the City and contain many different uses. In an attempt to improve the useability of Manor Park, it has been determined by the Shorewood Park Commission and City Council that the construction of a warming house/pavilion be completed. The size of the warming house structure is to be 20' x 24'. The pavilion is to be the same size, 20' x 24'. The City looks for a concrete slab to have a 5' overlap around all sides of both struc- tures making its overall dimension 50' x 34'. The approximate budget is esti- mated to be $15,000 to $20,000. II. SCOPE OF SERVICES REQUIRED A. Property Acquisition Land required for the proposed facility is under the control of the City of Shorewood. B. Facility Needs A preliminary rough plan for the facility has been made by the Park Commission. It is expected that the Architect will review, comment and make recommendations for necessary changes to the preliminary plan before design begins on the proposed facility. A copy of the preliminary rough plan is attached. C. Interaction with City The architect chosen for this project will be required to work closely with City staff, Park Commission and City Council throughout the project. Constant interaction and possible attendance at meetings with the above groups will be required of the architect chosen for the project. D. Scope of the Project The proposed facility will require complete architectural services for design of the new construction including all planning and con- struction. -2- . . III. FORMAT FOR SUBMISSION OF PROPOSALS A. A letter of transmittal and ten (10) copies of the firm's proposal, with information organized in the same order as requested herein is required. B. Technical Response 1. Work Plan: Must .-contain a description of the design process. 2. Project Management Plan: This plan should describe the work and person-hours of project personnel; the relationship between prime and subcontractors and the procedure to be used for control of progress, budget and quality of work. This plan must also address the availability of the proposed project staff, ie. their schedule for this project. C. Qualifications of Personnel 1. Current resumes of key personnel proposed for direct involvement in the architectural and design services. 2. Key personnel must have listed their individual prior related projects. This list should identify the role of each person in each prior project. Projects listed should be the same as those shown in Item D, "Experience of the Firm". 3. Specialized public facility planning expertise: Those respondents who intend to utilize consultive services specializing in public facility planning and design in the project must fully identify this resource and include full qualifications of the firm and its personnel. D. Experience of Firm 1. Work history: For each related project, supply the following information: a. Name, address and phone number of client and their representatives; b. Brief summary of the project; c. Project Manager and key planning/design personnel; d. Start, projected completion date of work; e. Projected and final cost of project. E~ Local relationships: Those respondents who do not have local offices in the Minneapolis-St. Paul metropolitan area must identify how they will establish local interaction to meet the needs for contact through the completion of the project. F. Cost analysis and compensation for the project's architectural ser- vices should be submitted with the proposal in a separately sealed envelope, and should include a description of reimbursables and how they will be handled. -3- . . G. Ten (10) copies of the firm's written proposal must be received in a sealed envelope marked "Manor Park Warming House Pavilion - RFP" on or before Proposals should be mailed or delivered to: Daniel J. Vogt City Administrator 5755 Country Club Road Shorewood, MN 55331 (612) 474-3236 Any proposals received after the above time and date will not be considered. These proposals will be reviewed at a meeting of the on at to be held in the City Council Chambers of the City of Shorewood located at 5755 Country Club Road, Shorewood, Minnesota. All pro- posers or their representatives are invited to attend, but they will not be allowed to participate. It shall be the sole responsibility of the proposer to have their proposal delivered to the address above for receipt on or before the above stated time and date. If a pro- posal is sent by U.S. Mail, the proposer shall be responsible for its timely delivery to the above address. Proposals delayed by mail shall not be considered, shall not be reviewed at the public meeting and arrangements shall be made for their return at the proposer's request and expense. H. If requested, each proposer may examine all requests for proposal docu- ments and may judge all matters relating to the adequacy and accuracy of such documents. Any inquiries, suggestions or requests concerning interpretation pertaining to the request for proposal shall be made through the City of Shorewood by contact through the address in Item G. The City shall not be responsible for oral interpretations given by any employee, representative or others. The issuance of written addendum is the only official method whereby interpretation, clarification or additional information can be given. If any addendum are issued to this request for proposal, the City will attempt to notify all prospec- tive proposers who have secured same. However, it shall be the respon- sibility of the City to ascertain that all respondents have received any addendum. I. Any proposal may be withdrawn up until the date and time set above for reviewing proposals. Any proposals not so withdrawn shall, upon review, constitute an irrevocable offer for a period of 90 days to sell the goods and services set forth in the attached specifications until one or more of the proposals.have been duly accepted by the City of Shorewood. IV. EVALUATION OF PROPOSALS A preliminary evaluation of proposals will be conducted by the RFP's must be specific to our specifications and facility, and stock RFP's will not be considered. Size of RFP will not be a consideration. -4- . . . EVALUATION OF PROPOSALS - cont. The than five. the will reduce the number of firms to not more The selected firms will then be invit~d to an interview before Selection of the successful architect will be entirely at the discretion of the City. The contract is subject to approval of the Shorewood City Council. The City reserves the right to reject any or all proposals; to waive any irregularities and/or technicalities and to request resubmission. There is no obligation on the part of the City to award the contract to the lowest proposer and it reserves the right to award the contract to the lowest responsible proposer submitting a responsive proposal with a result- ing negotiated agreement which is most advantageous and in the best inter- ests of the City. The City Council shall be the sole judge of the proposal and the resulting negptiated agreement that is in its best interest and its decision shall be final. All applicable laws and regulations of the State of Minnesota and ordinances and regulations of any of the entities involved in this project will apply to any resulting agreement. This solicitation does not commit any of the entities involved to pay any costs incurred in the preparation or presentation of proposals, including interview time; to select any architect who responds; or to return any proposals submitted. V. SCHEDULE FOR SELECTION The following is the anticipated schedule of approximate dates in the selection process. The schedule is included to give a general idea of the time frame anticipated by the City of Shorewood. However, the City will not be bound by these dates. Event Completed by: A. RFP's issued B. Deadline for submission C. Review & identify top firms D. Interview of top firms E. Selection made F. Firm notified -5- August 12, 1986 . . From Lutheran Church of Our Savior 23290 Hwy 7 Excelsior, MN 55331 To City of Shorewood Mr. Brad Neilson 5755 Country Club Raod Shorewood, MN 55331 Re: Permit Request-Temporary Sign. Dear Mr. Neilson: Please accecpt this letter as a request for a permit to display a temporary sign on the front lawn of our church at the address above. The sign is approx. 4' x 5', and will not be lite. We are making request for two 7 days periods to be run back to back. The month of September has been set for a month long celebration of our new education wing. It would be nice to have the sign out for the whole month as each week it would inform the community of a different event that the whole community is welcome to attend. But as the ordanice provides, we are only asking for our two 7 day allowance. Week #1: September 8-14th The sign will be promoting our fall rally day on Sunday, Sept. 14th. Week #2: September 15-21st The sign will be promoting our OPEN HOUSE of the new Edcuation Wing on Sunday Sept.21st. It is our understanding that each permit cost $10.50. Please find enclosed our check #1201 in the amount of $21.00 to cover the cost of both permits. If anyvadditional information is needed, please feel free to call me @ 831-3601 Ext. 252 between the hours of 8 & 5. or in the evenings 474-2905. Yours in Chirst: f2~sY\al[) IJ~-~~i-> Donald Hoekstra Public Relations Grand Opening-Education Wing -5 .. oJ. Jerry Peterson 20780 Garden Rd. Shore wood, MN 5533 J \ . ~t~~ % t:e.4-D M~;:~ M t4~ Ardry :h U ~ <h t:t; ~ In- -y: .~ ~ tfX ~€ ,f~. 6/UA M k1 ~~ J ~I t def~~ U Lf,a .-,)1 0 ltn/fA-~ ~ -d z:J- 77~~ I~L 4/~ tzl{~. fti tJ <hM ty' r--dY- r~h t?f~ ~ ~ i ~i ~ fna;~r~L /fU- / ~~ 0 i3 ':';7~.<I,-tf"'(J (f. ( C:-j ., , J . . SOUTH LAKE MINNETONKA PUBLIC SAFETY DEPARTMENT MEMQRANDLlM FROM: Shorewood City Council Chief Youn~ 08/14/86 . 6 TO: DATE: RE: 1987 Budget Requests Attached please find the 1987 budget requests for this department. These requests as presented to you are the result of meetings with the various city administrative officials and then the Coordinating Committee. Their recommendations and changes have been incorporated into the product presented to you for your consideration. The Coordinating Committee has recommended this budget for your approval. I will be present at your City Council meeting to answer any questions you may have about the budget requests. . However, please feel free to contact me prior to that time if you have any questions. Thank you for your consideration. ? . SOUTH LAKE MINNETONKA PUBLIC SAFETY DEPARTMENT . Coordinating Committee Recommendation 1987 BUDGET -10 - Salaries 11 - Salaries - overtime 12 - Salaries - parttime 13 - Professional 20 - Communications 21 - Printing ~ Publishing 22 - Ut i 1 it i es 23 - Travel, Conference ~ Schools 24 - Maintenance 27 - Care of Persons 28 - Cleaning ~ Waste Removal 30 - Office Supplies 33 - Motor Fuels 37 - Uniforms 39 - General Supplies 40 - Rent 41 - Insurance 43 - Subscriptions & Memberships 45 - Pensions & Benefits Less State Aid reimbursement 49 - Miscellaneous $97,000 30,000 $480,000 25,000 19,500 3,500 10,000 2,500 8,500 4,500 11,000 100 1,600 3,100 20,000 4,000 5,650 7,000 55,500 550 67,000 500 . 51 - Building Expense 52 Furniture ~ Equipment 53 Vehicles TOTAL Anticipated Income Transfer from Contin~ency Grant Interest Park Patrol Court Overtime Civil Defense Training Sale of Vehicle Accident Reports Fingerprints Photocopies Report Copies Expense to Cities Excelsior Greenwood Shorewood Tonka Bay $190,753.64 61,313.67 306,568.35 122,627.34 TOTAL . $25,000 13,762 12,500 7,500 5,250 2,000 1,500 1,000 300 100 50 25 $68,987 . Page 2 500 6,250 14,000 $750,250 GRAND TOTAL $681,263 increase of $12,017.88 3,862.89 19,314.45 7,725.78 lO-Salaries $480,000 Il-Salaries Overtime $25,000 12-Salaries Parttime $19,500 13-Professional Services $3,500 20-Communications $10,000 21-Printing ~ Publishing $2,500 . . SOUTH LAKE MINNETONKA PUBLIC SAFETY DEPARTMENT BUDGET NARRATIVE FOR 1987 The department has completed union negotiatinns for 1987. An increase of 4~ was negotiated. Two officers are progressing through step increases and several officers are due for longevity increases. This category includes all holiday overtime, vacation and sick-leave backup, in addition to regular overtime. This figur~ also includes court overtime. The revenue for court overtime is shown under anticipated income. This line item covers part-time secretarial help to assist the Administrative Clerk. With the increased productivity of the officers, much additional work is required in the office. The part-time position is essential to accomplish the necessary and required job tasks. The increased demands upon our secretarial staff may dictate the designation of this position as a full-time position in the not too distant future. This item also includes the Excelsior Park Patrol and a revenue is shown under anticipated income. This account covers the audit required by state statutes, physical and psychological exams and all legal services that are required by the department. Because a two year union contract was negotiated, legal expenses will decrease. This account covers all costs associated with the necessary radio communications equipment required by the department. We have not received any notice of increase from Hennepin County as costs relate to mobile radio equipment. However, they are eliminating the UHF radios and printers and replacing them with mobile digital terminals ata much greater cost. We have budgeted for three of these units in 1987 and plan to ~onvert one more in 1988 and 1989. This section covers all correspondence and necessary report-keeping functions. Anticipated expenditures in this category will include stationery, envelopes, report forms, warning citations, legal and professional publications. Also included in this category are the costs associated with the required advertising on bids, all legal notices and personnel recruitment. 22-utilities $8,50(~ 23-Travel, Conferences t: Schools $4,500 24-Maintenance $11,000 27-Care of Persons $100 28-Cleaning and Waste Removal $1,600 30-0ffice Supplies $3, 100 33-Motor Fuels $20,000 37-Uniforms $4,000 39-General Supplies $5,650 40-Rent $7 , 000 . . Page 2 This account covers all utilities. Rate increases necessitate increasing this line item. This account covers all departmental training programs. The cost of training is expensive; however, litigation is much more 50. It is imperative that we continue to provide the best possible training for our personnel. No increase is requested. Funds disbursed from this category provides for the maintenance of departmental equipment. All automotive repair, along with office equipment and departmental radio service, are covered in this classification. Radar units requiring scheduled calibration are also covered in this account. Maintenance contracts on the typewriters, copy machine, etc are in this category. No increase is requested. This account covers care of prisoners. No increase is requested. This category covers all janitorial services and waste removal. This category covers all necessary office supplies for maintaining the operation. No increase is requested. This portion of the budget covers all fuels and lubricants for the department's vehicles. The cost of these items has decreased and a corresponding decrease is shown in this category. This category covers replacement of the required uniform for all department personnel. A section of the contract requires repair or replacement of any of the officers' personal property which may be damaged in the line of duty. Increased uniform costs have required an increase in this category. This line item includes all items of a general nature required by the department. It includes ammunition, tires, first aid supplies and any and all items required for the general operation of the department. A slight increase is requested. This category covers the rent of the building and the garage area where the police vehicles are kept. It also includes the monthly rent for the CRT. No increase is requested. 41-Insurance $55,500 43-Subscriptions ~ Memberships $550 45-Pensions and Benefits $67,000 49-Miscellaneous $500 51-Building Expenses $500 52-Furniture and Equipment $6,250 53-Vehicles $14,000 . . Page 3 Covered in this section is the insurance protection for: worker's compensation, umbrella policy, automobile, institutional policy and bond, professional liability, etc. Costs are skyrocketing and even this amount may be insufficient, again. This area includes subscriptions to professional and legal journals required by all department personnel. Memberships in area and national professional organizations are also taken from this category. No increase is requested. This category reflects an anticipated increase to cover the cost of the salary adjustment. The line item is for hospitalization, life insurance, PERA retirement, Social Security and the Chief's life insurance policy. The anticipated refund 4romthe State Aid fund that is applied to the PERA expenditure is reflected in the final figure. This section covers any unanticipated expenditures. Any funds required from this section would not be covered in any other portion of the budget. No increase is requested. This category covers any and all necessary expenditures for building repair. There is a decrease in this category. This line item of the budget is used for replacement and purchase of furniture and equipment. A decrease is requested in this line item due to the increase in 1986 for the purchase of computer equipment. One new (replacement) marked patrol vehicle. This item also covers the expenses involved in preparing the new car for police service. There is no increase requested in this category. ITEM 1985 1986 1986 1986 19,87 ACTUAL 6 mo PROJECTED BUDGET REQUEST , ,- ) Salaries 403,225.30 217,124.50 448,650 448,650 480,000 Salar ies-overtimE 20,512.99 12,512.54 25,000 23,500 25,000 ) Salaries-parttimE 11,694.90 3,958.47 15,500 15,300 19,500 I Professional Svc 5,103.75 4,133.00 5,950 7,000 3,500 ) ) Communications 4,348.38 2,137.50 8,000 6,000 10,000 rinting & Pub. 1,772.16 988.93 2,000 2,500 2,500 " ) Utilities 7,536.96 4,112.13 8,250 8,000 8,500 - 1 Travel, Conf&Sch. 4,748.27 2,035.48 4,500 4,500 4 , 5 0 0> I t Maintenance-Veh. 7,419.22 5,596.02 11,000 11,000 11,000 I ) Maintenace-Bldg. 107.85 6.36 -0- -0- 7 Care of Persons (207.19) 7.90 100 100 100 l C1eaninq&W.Remov. 1,454.00 676.00 1,600 1,600 1,600 , ' ) Office Supplies 2,608.29 1,367.60 3,000 3,100 3,100 .otor Fuels 17,358.80 5,313.47 18,000 22,500 20,000 7 Uniforms 3,980.85 3,025.04 4,000 3,500 4,000 ) General Supplies 6,275.80 2,684.77 5,300 5,400 5,650 ) Rent 6,421.55 3,640.10 7,000 7,000 7,000 ~ Insurance 43,850.62 42,980.76 52,100 52,100 55,500 . , 1985 1986 1986 1986 '1'87 ACTUAL 6 mo PROJECTED BUDGET REQUEST . . Subscriptions 536.12 331.80 550 550 550 Pensions,Benefit" 79,435.31 41,572.73 86,000 89,950 97,000 State Aid -32,142.00 -0- -25,000 -25,000 -30,000 Total 47,293.31 41,572.73 61,000 64,950 67,000 Hiscellaneous (130.55) (263.00) 500 500 500 uilding Expense -0- -0- 500 1,500 500 Furn. & Equip. 12,073.06 6,506.74 20,550 20,550 6,250 Vehicles 18', 68 4 . 2 2 12,842.50 13,000 14,000 14,000 contingency 500 626,668.66 373,286.34 716,050 724,300 750,250 " . , , ~ \ . . " ITEM 1985 1986 1986 1986 1987 ACTUAL 6 mo PROJECTED BUDGET REQUl':ST . 18,551.05 .4 .. terest 8,552.29 16,000 12,500 12,500 6,410.00 ' " vi1 Defense 1,494.00 4,814 2,000 2,000 1e of Vehicle 4,590.31 -0- -0- -0- 1,000 aining 1,956.00 -0- 1,700 1,500 1,500 cident reports 289.50 134.00 275 300 300 , rprints 135.00 72.00 125 100 100 oto copies 62.50 38.20 75 50 50 port copies 53.50 105.65 175 25 25 -r ";>0'0 rk Patrol 5,854.71 -0- 7',500 7,500 7,500 urt overtime 4,164..05 1,393.40 5,250 5,250 5,250 , ' ntingency -0- -0- 30,174 38,383 25,000 -- ant -0- 13,763.00 18,350 18,350 13,762 sc. 879.96 1,518.79 1,520 -0- -0- Total 42,946.58 27,071.33 85,958 85,958 68,987 . . ~ . . . MEMORANDUM TO: FROM: DATE: RE: FILE NO. . . MAYOR Robert Rascop COUNCI L Jan Haugen Tad Shaw Kristi Stover Robert Gagne ADMINISTRATOR Daniel J. Vogt CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 474-3236 MAYOR AND CITY COUNCIL BRAD NIELSEN 20 AUGUST 1986 PLANNING COMMISSION - POSITION OPEN 405 (GENERAL) At the last Planning Commission meeting Frank Reese requested that I inform the Council that. he will be resigning from the Planning Commission, effective January 1, 1987. He cited a desire to reduce the number of his outside com- mittments. It is with considerable regret that I convey Frank's message. Having served, I believe, longer than anyone else who has ever been on the Commission, Frank's leadership and contributions will be greatly missed. He has always come to meetings prepared and his attendance record has been absolutely superlative. Frank Reese has contributed much to the City of Shorewood and will not be easily replaced. cc: Dan Vogt A Residential Community on Lake Minnetonka's South Shore (Ai 1 ~ t~ '.. - . . SE;(;uND uRA,E'T 8 I 15 / 86 '. ORDINANCE NO. AN ORDINANCE REGULATING THE USE OF SNOWMOBILES IN THE CITY OF SHOREWOOD AND PROVIDING PENALTIES FOR VIOLATION THEREOF .. THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, . ORDAINS: CHAPTER 602. SNOWMOBILES. 602.01. DEFINITIONS. For the purposes of this Ordinance the terms defined herein shall have the fOllowing meanings ascribed to them: Subd. 1. "Person" includes an individual, partnership, corporation, the state and its agencies and subdivisions, and any body of persons, whether incorporated or not. Subd. 2. "Snowmobile" means a self-propelled vehicle designed for travel on snow or ice steered by skis or runners. Subd. 3. "Owner" means a person, other than a lien holder, having the property in or title to a snowmobile and entitled to the use or possession thereof. Subd. 4. "Operate" means to ride in or on and control the operation of a snowmobile. Subd. 5. "Operator" means every person who operates or is in actual physical control of a snowmobile. Subd. 6. "Roadway" means that portion of a street or highway improved, designed or ordinarily used for vehicular travel, including the shoulder. Subd. 7. "Street or highway" means the entire width between boundary lines of any way or place when any part thereof is open to the use of the public, as a matter of right, for the purposes of vehicular traffic. Subd. 8. "Right-of-way" means the entire strip of land traversed by a highway in which the public owns the fee or an easement for roadway purposes. /u~ ~ . . ~.:. - " -~ . ./ Subd. 9. "Boulevard" means that portion of the street right-of-way between the curb line and the street boundary line in platted areas. Subd. 10. "Safety or deadman" throttle is defined as a device which, when pressure is removed from the engine accelerator of throttle causes the motor to be disengaged from the driving track. Subd. 11. "Organized event" is an event sponsored and conducted by the Park and Recreation Commission, the Chamber of Commerce, Jaycees, American Legion or similar Council-recognized civic groups or associations. 602.02. OPERATION ON STREETS AND HIGHWAYS. Subd. 1. No person shall operate a snowmobile upon the roadway, shoulder or inside bank or slope of any trunk, county-state aid, City or county highway in this City and, in the case of a divided trunk or county highway, on the right-of-way between the opposing lanes of traffic, except as provided in this Ordinance, nor shall operation on any such highway be permitted where the roadway directly abuts a public sidewalk or property used for private purposes. No person shall operate a snowmobile within the right-of-way of any trunk, county-state aid, City or county highway between the hours of one-half hour after sunset to one-half hour before suririse, except on the right hand side of such right-of-way and in the same direction as the highway traffic on the nearest lane of the roadway adjacent thereto. No snowmobile shall be operated at any time within the right-of-way of any interstate highway or freeway within this City. Subd. 2. No person shall operate a snowmobile upon the roadway of any street or highway except for the purpose of direct travel from the person's home to the closest snowmobile area by the shortest possible route and then only if travel on the adjacent street or highway right-of-way is restricted because of developed yards or physical barri~is. Subd. 3. A snowmobile may make a direct crossing of a street or highway-except an interstate highway or freeway, provided: -2- " .. . a. The crossing is made an an angle of approximately 90 degrees to the direction of the street or highway 'and at a place where no obstruction prevents a quick and safe crossing. b. The snowmobile is brought to a complete stop before crossing the shoulder or main travelled way of the highway. ! c. The operator of the snowmobile must yield the right-of-way to all oncoming traffic. d. In crossing a divided street or highway, the crossing is made at an intersection of such street or highway with another public street or highway. e. If the crossing is made between the hours of one-half hour after sunset to one-half hour before sunrise or in conditions of reduced visibility, only if both front and rear lights are illuminated. Subd. 4. No snowmobile shall be operated on a street or highway within the City at a speed exceeding 10 miles per hour. Subd. 5. No snowmobile shall enter any uncontrolled intersection without making a complete stop. The operator shall then yield the right-of-way to any vehicles or pedestrians. Subd. 6. Notwithstanding any prohibition in this Ordinance, a snowmobile may be operated on a public thoroughfare in an emergency during the period of time when snow upon such thoroughfare renders travel by automobile impractical. 602.03. OPERATION GENERALLY. Subd. 1. Except as otherwise specifically permitte~_._ and authorized, it is unlawful for any person to . operate a snowmobile within the limits of the City Df Shorewood: -. -3- . . . a. On a public sidewalk or walkway provided or used for pedestrian travel, or on boulevards within any public right-of-way. b. On private property of another without lawful authority or express consent of the owner or lessee. ~ c. On any other publicly owned lands and frozen water, including but not limited to park property, public or private school grounds, playgrounds, recreation areas and gold courses, except areas previously listed or authorized for such use by the proper public authority. In such areas, such use shall be lawful and snowmobiles may be driven in and out of such areas by the shortest route. Authorized areas in the City of Shorewood owned by the City shall be designated by Council resolution.- Notwithstanding anything in this Section contained to the contrary, snowmobile operation shall be permitted on all public bodies of water within the City provided that said operation shall comply in all respects with provisions of this Ordinance and all other City Ordinances. d. At any place while under the influence of intoxicating liquor or narcotics or habit forming drugs. e. At a rate of speed greater than reasonable or proper under all the surrounding circumstances. Racing is prohibited except as may be specifically authorized as part of an organized event, which authorization shall be by permit issued by the City Council. Maximum speed limits shall be set from time to time by Council resolution. f. At any place in a careless, reckless or negligent manner so as to endanger the person or property of another or to cause injury or damage thereto. . ....~ -4- ,i I . . g. So as to tow any person or thing on a public street or highway except through use of a rigid tow bar attached to the rear of the snowmobile. h. Operation shall not be permitted at a speed greater than ten miles an hour when wi thin ~ feet of any lake shore, or any ~ fisherman, fish or ice house, nor shall lx)' operation be permitted withinm feet of any , , sliding area or skating rink when in use, nor "pwhere the operation would conflict with the /";' lawful use of property or would endanger other persons or property. i. The noise level of any snowmobile shall not exceed 78 decibels on the A Scale at 50 feet. j. No person shall operate a snowmobile within the right-of-way of any public street or highway within the City of Shorewood unless the operator shall have a valid motor vehicle driver's license issued by the State of Minnesota or a valid snowmobile safety certificate issued by the Commissioner of Natural Resources, or who is accompanied by a licensed driver who is actually occupying a seat in the vehicle. k. No person shall operate a snowmobile within the City of Shorewood between the hours of 11 p.m. and 7 a.m. except for purposes of transportation to the residence of the operator. 602.04. EQUIPMENT. Subd. 1. It is unlawful for any person to operate a snowmobile an.y place within the limits of the'City of Shorewood unless it is equipped with the following: a. Standard mufflers which are properly attached and in constant operation and which reduce the noise of operation of the motor to the minimum necessary for operation. Mufflers shall comply with ,6MCAR Section 1.0057 E.5, which certifies that a new snowmobile complies' with the noise limitation requirements of this rule. A manufacturer shall make such a certification based on measurements made in accordance with the SAE -5- ,#" . -,,"/r /'. " -,_..-. . . . . Recommended Practice J192(a) as set forth in the Report of the Vehicle Sound Level Committee, as approved by the Society of Automotive Engineers September, 1970, and revised November, 1973. b. Brakes adequate to control the movement of and to stop and hold the snowmobile under any conditions of operation. c. A "safety or deadman" throttle in operating condition. d. At least one clear lamp attached to the front, with sufficient intensity to reveal persons and vehicles as a distance of at least 100 feet. ahead during the hours of darkness under normal atmospheric conditions. Such head lamp shall be so aimed that glaring rays are not projected into the eyes of an oncoming vehicle operator. It shall also be equipped with at least one red tail lamp having a minimum candle power of sufficient intensity to exhibit a red light plainly visible from a distance of 500 feet to the rear during the hours of darkness under normal atmospheric conditions. The equipment shall be in operating condition when the vehicle is operated between the hours of one-half hour after sunset to one-half hour before sunrise or at times of reduced visibility. e. Reflective material at least 16 square inches on each side, forward of the handlebars, so as to reflect or beam light at a ninety degree angle. 602.05. APPLICATION OF OTHER LAWS. City traffic ordinances shall apply to the operation of snowmobiles upon streets and highways, and Minnesota Statutes Sections 84.81 to 84.88 and Minnesota Statutes Chapter 169, as. amended, and except for those provisions relating to required equipment, are hereby adopted by reference. -6- .".',ji ~ .,. . . . . 602.06. PERSONS UNDER EIGHTEEN YEARS OF AGE. Subd. 1. It is unlawful for any person under fourteen years of age to operate on streets, highways, public lands or frozen water or make a direct crossing of a street or highway as the operator of a snowmobile unless accompanied by parent or guardian. A person fourteen years of age or older, but less than eighteen years of age, may operate a snowmobile on streets, highways, public lands o~ frozen waters as permitted under this Section and make a direct crossing of a street or highway only if he has in his immediate possession a valid snowmobile safety certificate issued by the Commissioner of Natural Resources. Subd. 2. It is unlawful for the owner of a snowmobile to permit the snowmobile to be operated contrary to the provisions of this section. 602.07. LEAVING SNOWMOBILE UNATTENDED. Every person leaving a snowmobile in a public place shall lock the ignition, remove the key, and take the same with him. 602.08. CHASING ANIMALS FORBIDDEN. It is unlawful to intentionally drive, chase, run over, or kill any animal, wild or domestic, with a snowmobile. 602.09. LITTERING AND OBSTRUCTIONS. Subd. 1. No person shall deposit paper, litter, rubbish or debris on public or private property, or throw paper, litter, rubbish or debris from snowmobiles. Subd. 2. No person shall place obstructions, including ice blocks, on publicly owned lands or frozen waters so as to interfere with the lawful use thereof by the public. 602.10. VIOLATIONS. Every person convicted of a violation of any;of the provisions of this Ordinance shall be punished by a fine of not more than seven hundred dollars ($700.00) or by imprisonment for a period of not more than ninety (90) days, or both, but in either case the costs of prosecution may be added. -7- ff""!'~ . i 'I' . ,. ~ . . 602.11. SEVERABILITY. Should any section, subdivision, clause or other provision of this Ordinance be held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the ordinance as a whole, or of any part thereof, other than the part held to be invalid. 602.12. REPEALER. Upon the effective date of this Ordinance, OrdinanGe~N~s 59, 97, and 178 are hereby repealed. 602.13. EFFECTIVE DATE. This Ordinance shall be in full force and effect upon its passage and publication. ADOPTED BY THE CITY COUNCIL of the City of Shorewood, Minnesota, this day of , 1986. Mayor ATTEST: City Clerk Published in the WEEKLY NEW~ INC. on -8- . . August 14, 1986 'Ib the Shorewood Ci ty Chuncil, We vehemently oppose the City of Shorewood's request to acquire both temporary and perlll8.t1ent easements over, under, and across our private property. We currently enjoy and value our stand of trees along the south side of our property. Not only do we appreciate its natural beauty, but it forms an irreplaceable, effective barrier against such things as noise, paint fumes, view, blowing garbage, and snowmobiles, just to mention a few. \ve built our home three years ago wi th no less than fourteen windows facing the woods that you want to tuJ:D into an open ditch. Lastly, we question the effectiveness of this proposed ditoh project. Presently the water does drain through the channel. Any of the silt build-up has probably been caused by the people doing the complaining (from snow bank piling and lawn seeding) ~ Drainage problems sometime arise in the fl1"ing, but are caused fro. water refreezing in the di tah and culvert restricting the fiow,ot water. 'nUs situation will not chan&e with the ditch you are proposing. F.l.nally, your proposed open di tah ofters us 11 ttle or n.o drainage from our property, only poten.tial serious nooding. ~~ ~~s:Q\~~ Jill Majestio 5840 EUreka Read SIlerewood, MN 55331 .,/o..e- . . CITY OF SHOREWOOD MAYOR Robert Rascop COUNCI L Jan Haugen Tad Shaw Kristi Stover Robert Gagne ADMIN ISTRA TOR Daniel J. Vogt 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 474-3236 MEMO TO: Mayor and Councilmembers FROM, Dan Vogt ~ DATE: August 21, 1986 SUBJECT: Project No. 86-1, Change Order No.1 Attached to this memo is Change Order No. 1 for Project No. 86-1 with Latour Construction. Project No. 86-1 is the watermain project along Covington Road from Old Market Road to Vine Hill Road. During the construction, a letter of petition was received from Colleen Bellamy of 5795 Covington Road for both water and sewer service. The water was stubbed to the property line as part of the project. An assessment for water will be levied against the property. The change order deals with the sewer main extension to service the Bellamy property. Since a contractor was already in the area with all of the necessary equip- ment to complete the work, a price for said sewer extension was obtained. The price obtained was t5,575. An additional quote was obtained from Widmer Construction which was approximately $2,000 above the quote from Latour Con- struction. In discussing this request with staff and Mayor Rascop, a deci- sion was made to go ahead with the work. This decision was based on three major factors. First, had the decision not been made to go ahead while the contractor still had his equipment at the site the price would no longer have been valid. A higher price would have resulted. Secondly, we could not wait until the Council meeting for a decision since the contractor would have pulled out his equipment by that date. Finally, the price is very fair in relation to the second quote. For the record, Council action is recommeded to ratify the decision made by staff and approve Change Order No. 1 for Project No. 86-1 with Latour Con- struction in the amount of $5,575. Please contact me if there are any questions relative to this matter. DJV/slt cc: Jim Norton A Residential Community on Lake Minnetonka's South Shore 1/ ~; t-- " . . ORR-SCHELEN-MA YERON & ASSOCIATES, INC. 2021 E. HENNEPIN AVE. · SUITE 238 MINNEAPOLIS, MINN. 55413 CHANGE ORDER NO. ...... ~ , , , , , , . , $., .~~???:..qQ.".,.,. ~~q~ . ~l}9t.F.l!c;~~~l1 . . . . , , . . . . . . . . . . . . . . ., Contractor RE Trunk Water Main : . pr'ojec't 'tb6''':1' .Route. ~,. .Box. 76. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .~~~~. ~.k.~,. . ~. . ?5.~~~ . . . . . . . . . . . . . . . . . . . . . . . . Dear Sir (5) Under your contract dated .. .July. .16... ..: ..0. ... . . . ..... .... ............, 19.86. with . ~.~ .<;~~y .<;>~. .~l)<;>r:~~<?<?~..... ............ 0.00.................. Owner for .f'r:WlJs., Na.t;~r . Main, . BitUI11inous. Street . Surface.,. .Aggr.egate. Base,. Subgrade. Stabilization. and COncrete CUrb and Gutter we are authorized by the owner to hereby direct you to ,Furnish. Saoi.tary. Sewer. . to. . . . . . . :rr:P.P9~~.q .:rr:9~+~Y. .Q1). . .c;QY~P.9t;9P. RQ~9.... . J~~, .qt;t~~J1~. p.h~~~'>'.. . . . . . . . . , . . . . . . . . . aad to add to (~~) the contract, In accordance with contract and speclftcatlon, the IUIIl of .F:~Y~. .~Q9!l.qcro9. ~~V~. ~q.I)9F.~ .~~~~I)tY:-:F:iy.~. AAQ. ~/lQO...... .......... /100 Dollars There will be an extension of ."... .60..,., days for completion. The date of completion of contract was ;LP.!.l? 19. ~9, and nOw will be ,J.~/;L.~... 19 ~P,... Amount of original contract Total Additions Total Deductions Contract to Date $96,715.30 $5,575.00 C.O. 11 -0- $102,290.30 Approved ".....,.",.......,.,.,.. 19"., Respectfully Submitted, IaTdllt' CdriSttilcfion . . . . . . . , . , , . , . , . . , . , Contractor Per ORR-SCHELEN-MA YERON & ASSOCIATES.;1NC. ~!;.~J~....... ~~'P:'~ e /I~'/e(:, City of Shorewood Owner Approved ,... , . , . . . , . , . . . . . . . . , . . . . 19.. . . 3707.30 .. ... . . CHANGE ORDER NO. 1 Trunk Water Main, Bituminous Street Surface, Aggregate Base, Subgrade Stabiliza- tion, and Concrete Curb and Gutter and Appurtenant Work Project No. 86-1 For the City of Shorewood, Hennepin County" Minnesota LIST OF QUANTITIES Furnish sanitary sewer to proposed property on Covington Road. 1 - Inside Drop Section to Ex. M.H. 1 - Manhole (81-101 Deep) 1 - 8"x4" Wye with Approximately 331 of 4" Service to Property Line Lump Sum = $5,575.00 .'~,. ,./<,.'" .... .7j ..~". ~'~'.~~^ UNITED MORTGAGE CORPORATION 8300 NORMAN CENTER DRIVE-SUITE rooo BLOOMINGTON, MN 55437-1091 (612) 835-3096' ... August 13. 1986 Mr. Daniel J. Vogt City Administrator City of Shorewood 5755 Country Club Road Shorewood. MN55331 RE: Covington Vine Ridge Dear Dan: We are requesting the installation of six street lights per NSP's layout. We would appreciate if you would authorize NSP's installation of same at this time. Sincerely, Ronald C. Helmer Asst. Vice President RCH/mam FROBERG & PENBERTHY, P.A. A TTORNEYS A T LA W Glenn Froberg James G. Penberthy Paul B. Ahern 17736 Excelsior Boulevard Minnetonka, Minnesota 55345 (612) 474-8877 August 22, 1986 Aspen Excavating, Inc. 7400 Metro Boulevard # 417 Edina, Minnesota 55435 Re: Shorewood P.o. No. 8111 Football Field Black Dirt We are the attorneys representing the City of Shorewood. On July 14, 1986, you were notified by letter from Shorewood City Administrator Dan Vogt that the City had rejected the black dirt you delivered for resurfacing the football field as inferior and unsuitable for the purpose for which it was ordered. The City has received no response since informing you of this rejection. This will notify you that the City hereby cancels the order and requests that you remove the dirt from the field within 10 days. If no action is taken within this time, the City intends to pursue its legal remedies pursuant to Minnesota Statutes. FROBERG & PENBERTHY, P.A. Glenn Froberg ATTORNEYS FOR THE CITY OF SHOREWOOD GF:nes . CITY OF SHOREWOOD MAYOR Robert Rascop COUNCIL Jan Haugen Tad Shaw Kristi Stover Robert Gagne ADMINISTRATOR Daniel J. Vogt 5755 COUNTRY CLUB ROAD . SHOREWOOD. MINNESOTA 55331 . (612) 474-3236 MEMORANDUM TO: Dan Vogt and the City Council FROM: Sue Niccum DATE: August 19, 1986 RE: Park Commission Meeting FLAGPOLE The Park Commission wishes to keep the flagpole at Cathcart Park. They want to have a flagpole at Manor Park when the new warming house/pavilion is built. At that time they will check to see if it would be cheaper to move the flag- pole from Cathcart to Manor or to buy a new one to install at Manor. They discussed the fact that a flag can remain up 24 hours a day but has to be lit up. PARK COMMISSION APPLICANT James D. Andrus, of 4971 Kensington Gate, applied for a position on the Com- mission. The Commission asked staff to write a letter to him asking for more information. SNOWMOBILE ORDINANCE The Park Commission studied ordinances from the cities of Excelsior, Wayzata, Mound, Long Lake, Tonka Bay and Orono. This was done without even looking at the Shorewood Snowmobile Ordinance. They then had Attorney Froberg pre- pare a first draft. At the Park Commission meeting of August 4th, 1986 they moved to accept the 1st draft as revised. The Park Commission makes a sug- gestion to the Council, mentioned at an earlier meeting, that after they accept the ordinance they present cQP i e s of it to the cities of Greenwood, Tonka Bay, and Excelsior to see if they would consider adopting it also. The idea being that if all 4 cities had the same ordinances it would benefit South Lake Minnetonka Public Safety Department in the enforcement of the ordinance in their whole area. . RFP - MANOR PARK WARMING HOUSE/PAVILION The Commission reviewed Administrator Vogt's draft request for proposal and accepted it as drawn. They ask that Council have Vogt proceed with it. BUDGET The Commission reviewed and made some changes in their budget. -1- A Residential Community on Lake Minnetonka's South Shore CATHCART PARK/SAFETY NETTING/HOCKEY RINK Jakel requested removing the netting from the 1987 budget and requested that it be done this year for safety purposes. Jakel moved, Vogel seconded, to recommend to Council that they approve $500 out of the Park Capital Improvement Fund, for materials and labor of the City crew, to erect a safety net on the north end of Cathcart (similar to the one at Badger but without a gate) (Don's estimate for materials was $425.00). Motion carried unanimously. SEPTEMBER MEETING The Commission will only meet once in September Monday, September 15th. If necessary-due t~the rush on..the football field - they will agree to a special meeting. CRESCENT BEACH The Commission discussed the dock proposed in the budget. Sue presented them with the following estimates: Ed Moe 474-7218 All Wood Dock 3 planks wide (35") 4 planks wide (46") $795 $860 42 I long 42" long Installation First installation included in above Yearly upkeep-In and out/Spring and Fall flat yearly rate $650.00 Total Initial Charge 35" Wide 42" Wide $1445 $1510 Crepeau Docks 474-6015 Steel Frame - Wood Dock Section - 3~' Wide x 8' Long (5 Sections = $1,310) $262 Installation First Section post - add First time - $14 a section x 5 $45 $70 Yearly upkeep-First year $70 installation plus 5 x 10 = $50 $120 After 1st year 50 x 2 = $100 Total Initial Charge ($262 x 5 = $1310) plus $45 + $120 $1475 -2- Ecklof of Waconia 448-5582 Steel Frame - Wood Dock 2" Cedar Section 4' Wide x 10' Long 1st Section 3 Sections - 416 x 3 = 1,248 $440 $1688 Installation $35 x 4 $140 (Includes hauling and cutting pipe) Yearly upkeep-($15 @ section x 4) x 2 $120 Total Initial Charge $440 + (3 x $416) + $140 $1828 Rick Niccum 474-4949 Steel Frame - Wood Dock (Crep,eau) Section 3~ Wide x 8' Long $262@ (5 sections = $1310) Installation $12 @ section x 5 $12 @ section x 5 $60 if city hauls $60 + $30 for hauling $90 Yearly upkeep- same as above x 2 City Hauls He Hauls $120 $180 *NOTE Mr. Niccum suggested that the City might want to purchase reconditioned docks. He said they're almost like new and would cost $185 to $200 a section, bringing total cost to $925 to $1000 instead of $1310, a dif- ference of $310 to $385. If the City is interested i~~this, the docks should be purchased in the Winter. It was also suggested that the bids go up early, February or March, and that a deadline of approximately May 15th be set for installation so the dock is in when the beach opens. Park Assistant Niccum mentioned that Julie Light, Minnetonka Community Ser- vices Beach Coordinator, and Kirk McDonald, Tonka Bay CityManage~ had been contacted during the process of trying to determine a budget figure. Julie Light discussed the existing raft and referred to a memo sent to the Tonka Bay City Council members dated April 8, 1985 (see attached). Unfor- tunately Shorewood was not made aware of this at the time of the purchase of the raft. Kirk McDonald, when approached regarding putting ~ the cost of the dock in his budget, said he would discuss it with his Council but, due to a previous dis- cussion with them on this subject, felt they do not want a dock. He alSo men- tioned that he had talked to MickNiccum about having a barge with a crane move the car motor that anchors the raft out farther next year and asked that we put $100 in the beach maintenance for that purpose. -3- The Shorewood Park Commission, after reading Julie LfgJri ts memo, came to the decision that they do not want the taft, and would prefer a dock. This -de- cision is due to the report and the question of liability (someone jumped off the raft on Tonka Bay's raft on their other beach and broke a leg). What they propose is that if Tonka Bay is not interested io:-the dock, but wants to keep the raft, that Tonka Bay pay Shorewood for th~ir half of the raft. Shorewood would take that money plus money from the~ale of the other raft (unless Tonka Bay paid for ~ of that also) and put it "toward the price of the dock. (This is confusing because the "new" raft_that was last pur- chased is the one in storage - the "old" raft is the one that was repaired and is in the water!) The Commission proposes that Tonka Bay owns and maintains the raft and Shorewood maintains and owns the dock. They asked staff to write a letter to Kirk McDonald and the Tonka Bay City Council, stating that they do not want the dock; that they would like Tonka Bay to consider the dock and Julie Light's memo (to be attached to the letter); that if they do not. want the dock if the.y will consider paying for ~ the raft and owning and maintaining the raft and having Shorewood own and maintain a 40' dock (dock estimates also to be enclosed with letter); and that Tonka Bay please reply by October 6th, Shorewood will be discussing it at their Park Commission meeting on October 6th at 7:00 PM and would appreciate having a representative from Tonka Bay present to join in the discussion. Anyone on the Tonka Bay Council is welcome. PUBLIC WORKS DIRECTOR ZDRAZIL'S REQUEST TO HIRE A MAN FOR PARKS AND PLOWING The Commission would like the following information from Publics Works Di- rector Zdrazil: 1. How many hours were spent on parks last year? 2. How much time would the man spend in the parks? Compared to Public Works? 3. Who'd pay for him? 4. Don mentioned using him for plowing, as long as the idea is to hire him for parks, will clearing the rinks come before plowing tpe road? FOOTBALL FIELD - BADGER PARK Jim Truax was going to check on Badger football field and Manor ballfield and give advice on how to handle them to bring them up to spec. So far no information has been received. Commissioner Mark Laberee presented two estimates for: -removing existing poor fill on field, and piling to side so field can be completed -200 square yards of friable loam -soil preparation and grading -4- -100 pounds of seed heavy-average lawn is 75 pounds per acre also the seed will be drilled in like they do for a sod field, not scattered -heavy fertilization - once Both people who 'gave --e-stimates said if it was sodded over the existing poor fill, the rocks would eventually work through to the surface. They also both said they could notet!tphasize enough the urgency of seeding "yesterday", or it won't be able t?_pe, done this year. The Park Commission felt that getting it taken care of and getting the old fill off the field is whats important. They thought it possible that Aspen Excavating could be charged for removing the fill from the field and for hauling it away themselves. Lindstrom moved, Jakel seconded, to recommend to Council that they accept the bid of Wagner from Waconia: Removal of old fill 200 Square yds. of friable loam ~eed and fertilizer $450.00 $2000.00 $9.00.00 $3350.00 Motion carried unanimously. Both contractors have done s:e'vex.a 1 football fields. After talking to Administrator Vogt and Attorney Frobe.rg, I have been trying to contact Mark Laberee to see if he will have both contractors make a state- ment in writing that the present fill is unacceptable for a football field. When Laberee gets back to me I will report to Administrator Vogt. MANOR BALLFIELD The Park Commission would also like to bring Manor ballfield up to spec once and for all. The City crew does not have time, equipment, or expertise to do so, therefore they would like to contract the worK out. They want to do the outfield this year. They figured it will take 5,956 square yards, 165 cubic yards of soil 1" deep each 10 yard spread at an approximate cost of $1,650, seeding and fertilizing about $1,500 and $500 for aeration. Lindstrom moved, Jakel seconded, to recommend to Council that they a1iocate an amount, not to exceed $4,000, to bring the outfield of Manor Park ballfield up to spec. Motion carried unanimously. The Park Commission also put an $1,100 figure in.their 1987 budget, $500 for the infield, $600 for the outfield. 5- Regarding aeration, Commissioner Jakel said he would c~eck with the Minnetonka School District. They called me while trying to contact him, and said they like to cooperate with the cities and have an aerator and tractor that the City can use anytime as long as they let them know.a couple days ahead' of time and bring it back'in the same condition it was received in. They will not charge for use. COMMISSIONER JURGENS The Commission discussed Council's refusal to accept Jurgen's resignation. Chairman Schmid has been tTying to contact him. The Commission will send a letter, reviewed by Chairman Schmid, Councilman Shaw, and Administrator Vogt, stating they would like to have him stay with the Commission and help them work out a solution to the football field. They want him to know that they do not harbor any hard feelings and would like to have him continue on the Commission, they feel he could contribute to the City. -6- ~, INNETONKA COMMUNITYSERV-IC-ES 261 school avenue excelsior, min~esota 55331-1987 phone (612) 474-5405 ,; l-a1:l 10 TO: Tonka 3ay City Council ~]e~:tbers F~~O;'.r: Julie Liy,ht, .:iinnetont;:a Con"mnity Services Beach Coordinator RE: l~o?osed purc~ase of a floatin~ raft for Crescent Beach April 8, 1985 ?er 'n3r recent conversation lrith :~urt j;cDonald, I a'n sul:>mitting; a list of the rea- sons uhy I do not reco!'l-nend the in~tallment of a floatinp; raft at Crescent !3each: 1. Due to the zradual slope at Crescent Beach, the raft would have to be plaeced at an al~nost unguardable distance fron the lifeguard (on the beach) s~ as it's deep enou~h for diving off of. 2. Consequently, to be p";)J:;erly 7,uarded, a second p;uard should be placed on or near the raft (one ~uard should always b~ on the beach, or accessible to the public by ua11dng out to, such as 1-1hen sitting on a dock); and th.e size of Crescent 3each does not uarrent UfO lifeguards. eve consider Crescent Beach as one of our "small"beaches . )) Coincidentally, the t,:vo other's.ma.ll"beaches HCS is in charge of (the fo.ttrtlh and final being at :'lakota park) have a dock startin~ at the beach and no raft; and UfO of our"lar~e"beaches have a raft, but are r,;uarded by three life~uards, one of uhich is on the ~aft, or a nearby dock. :1. Tonka Bay already has a raft at one of i~ beaches (:lakota Park). 4. A floating raft is rarely used for mr.Lmming lessons. 5. The A.>nerican Red Cross, l-lhich outlines all sl.1i.T:1!11.ing safety procedures and lifeguarding skills, refers to floating rafts in this way: "Rafts can present several danger areas or hazards: one lifeguard cannot guard all four sides adequately; slli'n'ning to the raft is a challenge to the novice; rafts tip when overloaded; swirTners can become tran~d while pla~dng under the ra~t. Rafts should not have diving boards.~' (p. 130, LIFESAVIHG, Res- cue and Ha tel' Safet~T ) I therefore, recomr:lend (and only reco!$1end), keeping safety as my ut..''!lost guideli~, that if anyt,.~ing be placed at Cl"escent Beach, it be a dock starting from t.l1e shore. r vrill also cite the follo,ring advantages of a doc~: 1. The life~ard could alternate between guarding on the shore, and. guarding on the end of t.l-te doc1c, (Hhere he/She would be close to the deep water slv:i..nr-"1erS, yet still be easily accessible to an? from the beach). 2. The dock would be a great asset to mv.i.mming lessons which will be offered again this year. " {. ..JAMes ~. L.....'UN "O.~"T L. MO,.,."".... ..tACK ". DALY D. KEHN~Tf04 UNOO"EN A"'O.CW W. DANIELSON WENDELL ft. .....DERSON GERALD H. ,....'EOELL "oec:lltT e. WHITLOCJII ............... E. MULLIGAN ftO.EAT..J. HENNESSEY "0"''''1..0 ft. "LETCHER ,JA"'ES C. E"'CKSON CDW."O ..J.. D"ISCO\.L J.....ES ~:..ILl[Y GENE N. I"ULLER CAVID c. SI:LLEAO"EN "'CHAAO.,J. KEENAN ."OHN C. P'ULL""CA "OBeRT E. aOYLE. ""AN'" I. HARVEY 'UCHARa ..... "OASCH...ER A'CHAADA. HOAC.VIE CHARLES So MODELL CH'''.TO~HEA .J. OIl:TZEN "IC...ARO 1.0IA...OND "'OHN A. .CATTIE JAMES M. STAOTHIUt "'INOA H. ,.ISHE" THOMAS P. STOLTJiIotAN STEVEN G. LEVIN "ORREST D. NOWLIN ..IC"'Ao!:\. C. ...ACK......... .JOHN E. DIEHL ..JON S. SWIERZEWSKI THO"""'S ..I, "LYNN .JAMes P. aUI N N TODD I. P'''EEMAN STEPHEN e. SOLOMON LARKIN, HOFFMAN, DALY & LINDGREN, LTD. ATTORNEYS AT LAW 1500 NORTHWE5TERN FINANCIAL. CENTER 2000 PIPER JAF"F"RAV TOWER 71100 XERXES AVENUE SOUTH 222 SOUTH NINTH STREET 8L.00M'NGTON. MINNESOTA 55431 M'NNEAPOL.IS. MINNESOTA 5S402 TEL.EPHONE 18'21 835-3800 TEL.EPHONE 18'21 338-8810 TEL.ECOP'ER 18.21 835-5102 TEL.ECOP'ER 18121 338-1002 Bloomington REPL.V TO August 21, 1986 The Honorable Mayor and Members of the Shorewood City Council City of Shorewood 5755 Country Club Road Shorewood, Minnesota 55331 Re: Reconsideration of Request for Dock Approval by Donald Shafer Gentlemen: ", .~ ~I:TIE" K. BECK ..l1E"OME H. kAHNK!E SHERRILL 0....... KUItETICH OE"ALe L.. SFeK THO....... H. CA"IEV THOMAS e. HUM"...ltC.... ...". OAYI I) 4. "'EAT ..I0HH e. LUNDQUIST lItOaEAT Q. "ENNEA. ,JR. AND"EW oJ. MITCHELL. ...OHM A. COTTER. KATHLEEN "'.OATES. BEATRice A. ROTHWEILIE" ....u... e. "'LUNKETT SUSAN lit. eURNIGHT AMY OARA ORADY Al.AN L. KILDOW .......RK E. DUVAL KATHLEEN M. "'COTTIE NEWMAN LARRY A. KOCH PETE" J. COYLE CAT"E"INE BARNETT WII..50"'- .eTTY A. MO"NINOSTA" ...E"""I:V c. AHDEIltSOH DANieL '- eOWLC. JONATHON Q. LANOE ToeD .... VL,ATKOV'CH TIMOT..." ..L MCMANUS "HONDA J. ...OADHEU4 .,IILL I. ""IEDE". 01" COUNSEL JOSEPH 011'15 JOHN A. MCHUGH ....50 ""OMITTED IN WtSCON!UN Our law firm has been retained by Mr. and Mrs. Donald Shafer to assist them with their request for approval of a dock to be located on their property adjacent to Timber Lane. We have had the opportunity to review the procedural history of their application as well as the applicable City ordinances. Based upon that review, we wish to offer the following analysis and conclusions for consideration by the City Council at its meeting on Monday, August 25, 1986. 1. It is appropriate for the City Council to reconsider its action of June 9, 1986, based upon additional information recently gathered. Since the action of the City Council on June 9, 1986, additional information has come to light which materially relates to our clients' request to you. That information is summarized as follows: A. The parcel of land in question has a boat house located in the vicinity of the northeast corner thereof. This boat- house serves as the principal structure of the lot. " The Honorable Members of the Shorewood City Council August 21, 1986, Page 2 B. A dock, as an accessory use to the boathouse is located immediately adjacent to it on the east side. Ten pilings and/or posts are located in the water and on the shoreline. The decking and support beams have been removed for storage and to prevent winter ice damage. Some of the deck components are stored on the lake shore adjacent to the boathouse, while other deck planks are stored in the boathouse. C. The previous owner of the property, Henry C. Nelson, 230 Monroe Avenue, Excelsior, Minnesota, has verified that this dock was on the land when he purchased the property in 1970. He further has indicated in a letter attached to this report, that the dock was used by his family throughout the years of their ownership. These facts provide the Council with sufficient justification for reconsidering the application, and the Findings of Fact previously made. For example, Finding 3 of the City Council's Resolution states that "... no dock presently exists on said property which could be construed to be a "grandfathered" structure existing prior to the present ordinance." The discovery of the dock structure which has existed at least since 1970 is in direct contradiction to this Finding. Consequently, we request that the matter be reopened so that the ~esolution may be reconsidered in light of the new evidence. . 2. The applicants' request 'does not constitute a variance under Shorewood's zoning ordinance. Initially, the Shafers' request for approval of a dock on their property was processed by the City under the variance procedure of Section 200.05 of the City's zoning ordinance. However, Section 200.03, Subd. 14 (b) (c) specifically provides that the Council may permit the use ofa dock on lands not suitable for construction of a residence by a four-fifths vote of the City Council. In other words, this provision provides the mechanism and authority for the Council to act without resorting to the variance process. This is significant in that the standards contained under the variance section do not apply to a request made pursuant to Section 200.02, Subd. 14. '. The Honorable Members of the Shorewood City Council August 21, 1986 Page 3 3. The existing dock constitutes a lawful non-conforming use under Section 200.03, Subd. 1, of the City~s zoning ordinance. The fact that the boathouse and the dock predate the adoption of the current City zoning ordinance means that both structures are lawful non-conforming uses or structures under Section 200.03, Subd. 1, of the zoning ordinance. This means that our clients and any subsequent purchaser are entitled to use them. This is not a situation where the structure has either been declared unsafe by a City building official nor where the dock has been destroyed to the extent of more than 50 percent of its fair market value. The dock has simply been disassembled, in part, with the decking and support members having been removed for storage. This is the same procedure used by many lake shore owners for maintaining and protecting their docks. Most of the pilings remain in the water. While the dock is obviously quite old, it can be reinstalled at its present location using the same materials stored on shore and in the boathouse. 4. The existing dock has not been abandoned within the meaning of Section 200.03 Subd. 1 (b). Section 200.03 Subd. 1 (b) provides that whenever a lawful non-conforming use is discontinued for a period of 6 (six) months, following written notice from the Zoning Administrator, any future use shall be made to conform to the Ordinance. In this instance, the use of the dock has not been totally discontinued for 6 (six) months insofar as the essential support pilings remain in the water. Also, the Zoning Administrator has not provided any written notice as required by this section. For those reasons, our clients are entitled to reassemble the dock components and use the dock in the same manner as other lakeshore owners do. 5. The use of the dock site for the benefit of property owner residing on property located adjacent, but not contiguous to, the subject property is not incompatible with the use of property within the immediate area. As your individual inspections of the subject property revealed, the lot immediately east of the subject parcel also has a boat- house located on it. Adjacent to that boathouse is a pier or " The Honorable Members of the Shorewood City Council August 21, 1986 Page 4 dock with pilings driven into the lake. This owner of this lot has his Residence on a parcel of land that is not contiguous. Therefore, the applicants' proposed use is not incompatible with the use of the property in the immediate area~ 6. A denial of the use of the existing structures on the subject property would constitute an unlawful taking of the applicants' property. The exclusive value of the subject parcel to the'applicants lies in their ability to use the boathouse and the dock. Obviously, the parcel cannot support a residence, and the shore line is not suitable for recreational swimming. The value of this land lies in the access it provides to Lake Minnetonkao If the City Council through its actions denies the applicants reasonable use of the property, we believe that such action would constitute an unlawful taking of their property. Our clients then would be entitled to compensation from the City for that property at its highest and best use. Additionally, it appears that there is precedent on Christmas Lake for the "grandfathering in" of docks which are on parcels of land adjacent to, but not contiguous to, land where a principal residence is located. A denial of the "grandfathering in" of our clients' dock may well constitute a denial of equal protection of the laws. In summary, the existing dock is a valid non-conforming use which our clients can continue to use until one of the conditions of Section 200.03, Subd. 2, occur. However, there is an alternative which is better suited to the interests of the City and to those of our clients. The existing dock clearly does not meet set-back requirements from the side lot line on the east. Consequently, it would seem most appropriate to relocate a dock structure on the west side of the boathouse, and to put in new posts and new decking material thereby upgrading the quality of the structure. Section 200.03, Subd. 1 (f) permits the lessening of a non-conforming use which, this action would accomplish. Section 200.03, Subd. 14 (c), allows the City Council by four-fifths vote to permit the construction of a dock on a parcel of land that is not suitable for construction of a residence. No findings of hardship are needed since the variance provisions of-other-sections of the ordinance do not apply. The request we have made is justified The Honorable Members of the Shorewood City Council August 21, 1986 Page 5 on the grounds of removing a non-conforming use and replacing it with one which is permitted under the section I have referenced above. Upon approval, our clients would remove the older dock altogether. For the reasons stated above, we respectfully request that the City Council reconsider its earlier actions and grant the applicants approval to construct a dock on the west side of the boathouse subject to the condition that they remove the old dock structure presently in place. We will be present at Monday night's meeting to discuss this matter with you further. Thank you very much for your consideration of our request. Sincerely, Thomas B. Humphrey, Jr., for LARKIN, HOFFMAN, DALY & LINDGREN, LTD. TBH: dih :.AA9 s Attachment Re - Donald Shafer - Dock Variance APPlication Members of Shorewood City Council: Donald Shafer purchased subject land from me Dec. 31, 1980. I along with my wife and brother was owner of this land 1970 through 1980. , There was a dock on this property prior to our purchase in 1970. We maintained and used the dock on the subject property thru 1980. I would be happy to appear before the City Council to so testify. Henry C.W. Nelson-" k4V/~ ;3(boe Avenue Excelsior, Minnesota 55331