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121304 CC Reg AgP - CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, DECEMBER 13,2004 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. AGENDA 1. CONVENE CITY COUNCIL MEETING A. Roll Call B. Review Agenda Mayor Love_ Garfunkel Liz6e Zerby _ Turgeon _ 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes, November 22,2004 (Att.- Minutes) B... .... ...;Iru.th~in-TaxationMeeting Minutes, .December 6,2004 (Att.- Minutes) 3. CONSENT AGENDA - Motion to approve items on Consent Agenda & Adopt Resolutions Therem: . NOTE: Give the public an opportunity to request an item be removedfrom the Consent Agenda. Comments can be taken or questions asked following removalfrom Consent Agenda. A. Approval of the Verified Claims List (Att.- Claims List) B. Staffing - No action required C. City Clerk's License Approvals (Att.- Deputy Clerk's memorandum) 1. Refuse Haulers (Att. - Resolution) 2. Tree Trimmers (Att. - Resolution) 3. Therapeutic Massage (Att, - Resolution) D. Approving Year 2005 Agreements for Animal Control and Animal Impound Services (Att - Agreements) E. Authorizing the Mayor and City Administrator to Extend the EPDB Conditional Use License Agreement with Hennepin County (Att. - Proposed Resolution) F. Authorizing the City AdministratOr to Enter intO an Agreement for Computer Network Services for the Year 2005 (Att. -Finance Director's memorandum. Agreement) ., CITY COUNCIL AGENDA - December 13, 2004 \ PAGE20F3 G. Authorizing Services for the 2004 Audit (Att. - Finance Director's memorandum, representation letter) H. Property and Liability Insurance Renewals (Att.-Finance DirectOr's memorandum, Policy Coverage Summary) I. SmithtOwn Road - Correction of Final Payment (Att. - Public Works DirectOr's memorandum, Resolution) 1. Sign Pennit - Barrington (Att. - Planning Director's Memorandum) 4. MATTERS FROM THE FLOOR (No Council action will be taken) 5. REPORTS AND PRESENTATIONS A. Gideon Glen Plant RestOration Plan (Att. - City AdministratOr's memorandum) 6. PUBLIC HEARING 7. PARKS A. Revised Park PrioritY Policy' (.Att;....: Conmuuuty Rec Resollrces memorandum,' Policy) 8. PLANNING.-..R.eport by'ltepresentative A. MinorSubQ.ivi$ion (Att. - Planning DirectOr's Memorandum; Draft Resolution) "'"Applicant: Leey BI'os.Coristruction . .... .!-oeation: 5830 Minnetonka Drive B. Zoning Ordinance Text Amendment - Signs in C-l District (Att. - Planning Director's Memorandum; Draft Ordinatlce) ... Applicant: Shurgard (Formerly Minnesota Mini-StOrage) Location: 19545 State Highway 7 C. Zoning Ordinance Text: Amendment - P.U.D. Pennitted Uses and Size (Att. - Planning Director's Memorandum; Draft Ordinance) D. Reconveyance of City-Owned Property (planning DirectOr's Memorandum; Draft Resolution) 9. GENERALINEW BUSINESS A. South Lake Minnetonka Police Department matters (Att - Administrator's memorandum) B. South Lake Minnetonka Police Department Budget (Att. - Administrator's memorandum) C. Approving the 2005 Budget and Approving the Property Tax Levy Collectible in 2005 (Att.- Finance DirectOr's memorandum, Proposed Resolution) It CITY COUNCIL AGENDA - December 13, 2004 PAGE30F3 D. Establishing the 2005 Pay Scale and City Insurance Contribution (Att. - Proposed Resolution) E. Y I Authorizing the Transfer of Funds (Att - Proposed Resolution) F. t.. Set 2005 Utility Rates (Att - Proposed Resolution) G. Recommendation of Appointments by Hennepin County Board of Commissioners to the Minnehaha Creek Watershed District (MCWD) Board of Managers (Att. - Administrator's memorandum, Proposed Resolution) H. Approval of the Prosecuting Attorney 2005 Contract for Services (Att. - Administrator's memorandum) 10. ENGINEERING/PUBLIC WORKS A. Radisson Road Update (Att. - Public Works Director's memorandum) 11. STAFF ANbCOUNCIL REPORTS A. Administrator &,Staffc ',' 1. .....'" COhStnlCt10nUpctate B. Mayor & City Council 12. ADJOURN r . CITY OF SHOREWOOD , . 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128. www.cLshorewood.mn.us. cityhall@cLshorewood.mn.us Executive Summary Shorewood City Council Regular Meeting Monday, 13 December 2004 . A Liquor Committee Meeting is scheduled for 6:00 PM this evening. Agenda Item #3A: Enclosed is the Verified Claims List for Council approval. Agenda Item #3B: Staffing - no. action required Agenda Item #3C: This motion approves the following licenses lor 2005: 1 )aresoluti()J:l approving licenses for Tree Tri,ml1l.eJ:"~; 2) aresolution approving licenses for Refuse Haulers; and 3) two J'herapeuticMassage license renewals{()rJh~Y~~~Q05. ....... All applicants listed have satisfied the requiremell,ts{()r~lic.ell,~e. Agenda Item #3D: This motion authorizes execution of an Agreement for Animal Control Services with the City of Orono, and Animal Impound Services with Paws; Claws, and Hooves (pCR) for the Year 2005. A slight increase of3% is requested from the City of Orono. PCH is requesting a monthly service fee increas~from $75 per month to $160 . per month for Animal Impound Service fees. PCH indicated that due to operating costs, it has had to increase the monthly service rate, which ha.sriofin~reasedsit1ce 2003. PCH said it has done its to keep the rates low for the participating cities. Agenda Item #3E: This Resolution extends the annual Agreement with Hennepin County for Electronic Parcel Database (EPDB) for the purpose of obtaining Shorewood parcel data during the Year 2005. Approval requires a simple majority vote. Agenda Item #3F: This motion approves the 2005 computer maintenance agreement with Techies.. at a rate of$500 permonth, which is unchanged since 2003. This item has been programmed into the 2005 budget. Agenda Item #3G: This motion approves an agreement with City Auditors Abdo, Eick and Meyer for annual auditing services for the year ending December 31, 2004. A simple majority vote by the Council approves this motion. n ~.1 PRINTED ON RECYCLED PAPER Executive Summary - City Council Meeting of 13 December, 2004 Page 2 of 4 Agenda Item #3H: The City's Property/Liability insurance package renewed on November 1, 2004. The total package renewal premium is $90,595 compared with $81,020 for this past year. The City's 2005 Budget has allocated $99,500 for this coverage across all funds for a.lllines. Agenda Item #31: Staff is recommending approval of a resolution that authorizes payment of Change Order 4, and makes revision to the final contact amount for the Smithtown Road Pavement Rehabilitation Project. Agenda Item #3J: Capestone Builders has requested a monument sign permit for a sign to be located at the entry to the Barrington housing development. The sign is consistent with Shorewood's zoning requirements and staffhas recommended approval. Agenda Item #5A: Consultants retained by the MCWD will give a presentation (likely 10- to 15-minutes) on the stormwater management improvements and revegetation plans for the Gideon Glen site. Agenda Item #7 A: Community Rec Resources (CRR) has updated the Park Priority Policy to ... includeaddition.a.ly~biage to in an effo!t to clarify process andexpectationsfgr all park users. The Park Commission has reviewed and recommends approval of the proposed revis~on~;:EngineerBrown and a member. ofCCR staff will~epresent at the meeting to answer any questions. Agenda Item #8A: Lecy Bros. Construction has purchased the property at5830Minnetonka Drive. They propose to demolish the existing house (a detached garage has already been moved off the site) and split the lot into two, single-family residentiall(}t::;.The Plant1ing Commission agreed unanimously with staff to recommend approval of the minor division;A~dr~tesolutionhasbeen prepared for your consideration;' Agenda Item #8B: Shurgard has.purchased the Minnesota Mini-Storage facilities on Highway 7, near Vine Hill Road. The westerly property is zoned C-l and the signage originally erected on the $ite no longer cO,nforms to C-l requirements. The applicant has requested. that the Zoning Code be amended so that the requirements of the C-l District are the same orsimi1artoth~Cw3 District requirements. The subject property is sandwiched in between the Waterford commercial area and the Vine Hill commercial area, both of which allow more signage than the C-l District. The Planning Commission recommended ullanimously to approve an amendment resulting in sign requirements being made the same, except that, in the case of a comer lot, only one building silhouette would be allowed to be counted for sign area. A draft ordinance is presented for your consideration. Assuming the ordinance is viewed favorably, this approval would also constitute approval ofa sign permit for Shurgard's site at 19545 State Highway 7. Agenda Item #8C: At its last meeting the City Council adopted the City Code recodification. An amendment that was being considered by the Planning Commission had been continued for further consideration. The attached ordinance amendment clarifies the land uses that may be allowed in a P.D.D. zoning district, and reduces the acreage for a project that includes a mix of residential and nonresidential uses from 20 acres to four acres. The Planning Commission voted unanimously to recommend the amendment. .. \ . . . . ." Executive Summary - City Council Meeting of 13 December, 2004 Page 3 of 4 Agenda Item #8D: Last June, the City agree to swap some City-owned property adjacent to Enchanted Point for land currently owned by Francis Zucco. The swap would have cleaned up the Zucco boundaries and provided additional right-of-way for the city. Since the City property was acquired by tax forfeiture, the State Land Department requires that its appraised value of$5000 be paid. Mr. Zucco's representative (his son) has agreed to pay the cost. Staff recommend approval of a new resolution that has been prepared for your consideration . Agenda Item #9A: Council has been informed of progress on SLMPD matters that has occurred during the past few weeks. At the December 3 SLMPD Coordinating Committee meeting, the City of Excelsior presented a proposal for a process to work through SLMPD issues and the joint powers agreement. The Coordinating Committee approved a proposal developed by the SLMPD Operating Committee (city manager and administrators), and indicated that the City Councils would need to respond to Excelsior's latest proposal. Response by the Council to both proposals-the Operating Committee's and Excelsior's-would be appropriate. . Agenda Item#9B: The City's proposed 2005 budget includes $700,00U forTier U services from SLMPD. To accomplish the SLMPD Coordinating Committe~'s expenditure budget for 2005, the City's payment to SLMPD would l1eed'tdbe$717,861ZChiefLitsey will be present to discuss the implications to Tier II services with these levels of contributions fromShorewood(ofsome amount in~etvveen).Ifthe Council.chooses to fund more than $700,000, staff suggests that there be a corresponding teductiortil1 the . 2005 from the General Fund transfer to the Local Roadway Fund. The Council should make this decision before adopting the 2005 budget (Item9D). Agenda Item #9C:' On September 13, 2004, the City Council approved'tltel?foposed2005 Budget which was subsequently certified to Hennepin County. The City held its Truth- in-Taxation Public Hearing for the Proposed 2005 Budget and Tax Levy this year oil December 6,2004. The attached proposed resolution approves a final 2005 Budget and 2004/2005 Tax LeVy. The levy must be certified to the CountY Al.lditor by December 29. Agenda Item #9D: The 2005 budget process included adjustmentstcrcityerftployee'sa.lary ranges and the City's contribution toward the employee insurance plan. The attached proposed resolution approves these adjustments to the pay ranges and sets the City's insurance contribution at $680 per month per employee. The schedule provides for a 2.0% increase in January and a 2.0% increase in July. If adopted, the changes will be . effective January 1,2005. Agenda Item #9E: After reviewing the Enterprise Fund budgets at a work-session, the City Council indicated support for a rate increase in the Water Fund. Staff recommends approval of the proposed resolution authorizing the rate increase discussed by the Council at that time. Agenda Item #9F: The City Council budgeted transfer of monies to and from various funds for capital improvement and other purposes in the 2004 Operating and Capital . . Executive Summary - City Council Meeting of 13 December, 2004 Page 4 of 4 Improvement Budgets. This resolution authorizes the transfer of funds as authorized and budgeted by Council. Agenda Item #9G: Two Hennepin County positions on the Minnehaha Creek Watershed District (MCWD) expire on March 8, 2005. The City Council may make nominations to the County Board, and the Board must consider those nominations if they are made prior to January 8, 2005. A resolution has been prepared if Council wishes to act at the December 13 Council meeting. The matter could be continued to a future meeting; however, the County Board would not be required to give such nominations any consideration. Agenda Item #9H: Mr. Kenneth Potts has submitted a proposal for prosecution services for the year 2005. The rate will be the same for 2005 as it was in 2004. Staff recommends that the Council accept and approve the continuation of prosecution services provided by Mr. Kenneth Potts. Agenda Item #10A: A public information meeting was conducted on December 2, 2004, to . receive input for safety improvements under consideration for Radission Road. The meeting was well a.tteticfed.' .' Staff will provide:an'tipdattn'egarding the meeting,that was conducted at the City Council meeting on MOllaa)i'mghf. ~,. ._' . . . CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, NOVEMBER 22, 2004 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING V. .\...... J). fl.r:~I....". ~ ..~1" /'J . IlII ~ii"Ji ;, Mayor Love called the meeting to order at 7:00 P.M. A. Roll Call Present: Mayor Love; Councilmembers Garfunkel, Lizee, Turgeon, and Zerby; Administrator Dawson; Associate City Attorney Mayeron for Attorney Keane; Engineer Brown; and Planning Director Nielsen Absent: Finance Director Burton B. Review Agenda Mayor Love reviewed the Agenda for the evening. Administrator Dawson introduced Associate City Attorney Mayeron taking the place of Attorney Keane for the evening, and requested Item 3E be removed from the Agenda this evening, as the issue had been resolved. Lizee moved, Zerby seconded, Approving the Agenda as amended. Motion passed 5/0. Mayor Love welcomed Mayor-Elect Bob Newman from Greenwood, seated in the audience, to the meeting. 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes, November 8, 2004 Turgeon moved, Zerby seconded, Approving the City Council Regular Meeting Minutes of November 8, 2004, as presented. Motion passed 5/0. 3. CONSENT AGENDA Zerby moved, Garfunkel seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein: A. Approval of the Verified Claims List B. Staffing - No action required C. City Clerk's License Approvals - No action required D. Approval of a Permit to Move a Garage Applicant: Phobe Harrington Location: 5830 Minnetonka Dr. to 23870 Elder Turn * ;LA CITY COUNCIL REGULAR MEETING MINUTES November 22, 2004 Page 2 of7 E. Appeal "Notice to Remove" (This item was removed from the Consent Agenda.) Appellant: Roger Nitz Location: 25015 Smithtown Road Motion passed 5/0. 4. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 5. REPORTS AND PRESENTATIONS None. 6. PUBLIC HEARING None. . 7. PARKS None. 8. PLANNING Commissioner White reported on matters considered and actions taken at the November 16, 2004, Planning Commission Meeting (as detailed in the minutes of that meeting). A. Lot Size Variances and Minor Subdivisions Applicant: Matthew Phillippi Locations: 21155 Minnetonka Blvd. and 4900 Ferncroft Dr. Director Nielsen explained the history of the case, noting the applicant had acquired three parcels of property, located at 4880 and 4890 Femcroft Drive and 21155 Minnetonka Boulevard, and proposed . subdividing the three parcels into five lots. The proposal involved two minor subdivisions with lot area variances on three of the lots. Additionally, the applicant requested that five feet of right-of-way for Femcroft Drive be vacated. Director Nielsen also explained the recent actions of the Planning Commission, and noted the applicant had asked to have the matter continued pending work related to variance issues slated by the Planning Commission for 2005 Work Program. The applicant had submitted a letter requesting the issue be continued and had waived his right to the "60-Day rule." Director Nielsen recommended this case be continued, at the request of the applicant, for 120 days. Zerby moved, Turgeon seconded, Continuing the Lot Size Variances and Minor Subdivisions for Matthew Phillippi, 2115 Minnetonka Boulevard and 4900 Ferncroft Drive, until the first Regular City Council Meeting in March, 2005. Motion passed 5/0. B. Minor Subdivision and Combination Applicant: Mark Finch Locations: 20250 Excelsior Blvd. and Easterly Adjacent Parcel CITY COUNCIL REGULAR MEETING MINUTES November 22, 2004 Page 3 of 7 Director Nielsen stated the applicants, Mark Finch and Tim Klouda, owned the properties at 20090 and 20250 Excelsior Boulevard, respectively. They proposed rearranging the common lot line between their properties to simplify an irregular lot line. The subject properties were located in the R-1A, Single- Family Residential zoning district. Mr. Klouda proposed conveying the easterly 100 feet of Tract D RLS 1083 to Mr. Finch, who would then combine it with his property to the east. The amount of land to be conveyed was approximately 2150 square feet. He also noted Mr. Finch's property was actually two parcels. As part of this application, Mr. Finch would legally combine his lots with the small triangle now owned by Mr. Klouda. With regard to analysis of the case, Director Nielsen noted its simplicity since the proposed lot line rearrangement would effectively remove a gerrymandered lot line between the two properties. He also noted, per staff s recommendation, the applicants had agreed to provide the City with drainage and utility easements, 10 feet wide on each side of the new lot line. The applicants should also provide a deed for this easement, to be included as an attachment to the resolution approving the division/combination. . He went on to explain Mr. Finch had requested the resolution not have to be recorded until such time as the Klouda property (currently for sale) was sold. As long as the applicants provide an up-to-date title opinion or title commitment for review by the City Attorney prior to the sale, it was recommended that the City allow as much as six months for the transaction to be recorded. Director Nielsen noted Mr. Finch was present this evening. Mr. Finch stated he had nothing further to add, however, he would be happy to answer any questions Council may have had of him. Turgeon moved, Garfunkel seconded, Adopting RESOLUTION NO. 04-097, "A Resolution Approving Subdivision and Combination of Real Property for Mark Finch and Timothy Klouda." Motion passed 5/0. 9. GENERALINEW BUSINESS A. Approval of Recodification . Administrator Dawson explained the City Council entered into a contract with the League of Minnesota Cities and American Legal Publishing in 2002 to conduct a legal review and recodification of the City Code book. He noted this process had last taken place in 1987. He went on to explain all changes had been summarized for review and noted this codification process yielded fewer ordinances than in the past. He also stated a link to the City's website would provide access to the newly codified version of the Code book as a result of the review process. Mayor Love thanked the Staff and consultants for their countless hours in providing this recodified version of the Code book. Zerby moved, Lizee seconded, Adopting ORDINANCE NO. 409. "An Ordinance Enacting a Code of Ordinances for the City of Shorewood, Minnesota, Amending, Restating, Revising, Updating, Codifying and Compiling Certain Ordinances of the City Dealing with the Subjects Embraced in the Code of Ordinances, and Providing Penalties for the Violation of the Code of Ordinances." Motion passed 5/0. Councilmembers Lizee and Zerby expressed appreciation to City Staff for a job well done. Administrator Dawson stated he especially wished to thank Deputy Clerk Panchyshyn for her efforts in this project, noting she spent countless hours reviewing and editing the proposed Code Book changes. CITY COUNCIL REGULAR MEETING MINUTES November 22, 2004 Page 4 of7 B. City's 2005 Budget for SLMPD Funding Mayor Love stated, while he did not wish to speak for the Council in this discussion, he believed Chief Litsey and the SLMPD were in crucial need of administrative staff. He stated it also felt as though cities had been asked to supply the shortfall of Excelsior in order to provide basic service levels. He stated a goal for the next year should be to resolve the confusing funding process and work together to move the Department forward. Councilmember Turgeon stated she believed it important to withhold additional monies at this time, as she believed a line needed to be drawn in terms of continuing to compensate for other cities' problems in providing appropriate amounts of funding for police services. She stated the current situation would . never be resolved if the other three cities continued to fully fund the budget. She then noted that Shorewood had several funding issues of its own to contend with this year, due to the distribution of Municipal State Aid dollars through 2010, and a million dollars to be issued for water improvements. She also state she knew the additional funding was greatly needed, however, she believed it important to retain the original funding amount for Shorewood as discussed for the 2005 SLMPD budget. Councilmember Garfunkel agreed, noting the City of Shorewood could not continue to be a benefactor for other cities to provide necessary SLMPD service levels. Also, he noted, the original contribution level proposed by the City of Shorewood in the amount of approximately $690,000, was a larger contribution than last year. He stated, while he knew it was important to the Department and ultimately to all South Lake residents, he thought it important to continue to work through the process united with all other cities in order to move forward. Councilmember Lizee also agreed, stating it should not be the responsibility of the other member cities in the area continually to meet the needs of the SLMPD without each city maintaining its rightful amount of contribution. . . CITY COUNCIL REGULAR MEETING MINUTES November 22, 2004 Page 5of7 Mayor Love stated Shorewood' s contribution previously equated to approximately 46% of the contributions from member cities, and this year would be closer to 50% for one-fourth vote on the services provided. Councilmember Zerby stated he thought it important for all parties to realize that member cities were continuing to receive phenomenal services for very affordable and cost effective funding overall. He also noted the service levels proposed to the SLMPD member cities as additional services were often considered part of basic services for other municipalities in the state. He also stated he thought the additional $26,000 was minimal when compared with the type of services to be received. In summary, Mayor Love stated, he heard Council state a need for services; however, it was important to remain steadfast in working with the other member cities to work through the process with the City of Excelsior as well. He thanked Council for its input in this matter and stated he would carry these issues forward to the next Coordinating Committee meeting. 10. ENGINEERINGIPUBLIC WORKS A. Setting Date for Public Information Meeting for Radisson Road Zerby moved, Turgeon seconded, Setting Date for Public Information Meeting for Radisson Road as December 2, 2004, at 6:30 P.M. at Shorewood City Hall. In response to Councilmember Turgeon's question, Engineer Brown stated there would be forms available for residents' comments if they were unable to attend this information meeting. Motion passed 5/0. B. Declaring Adequacy of Petition and Setting Public Hearing Date for the Timber Lane Water-Petitioned Watermain Project Engineer Brown explained the City had previously prepared a feasibility study for the extension of city water along Timber Lane, from the intersection of County Road 19 and Timber Lane, to the end of the cul-de-sac. This action was based upon a petition from a sufficient portion of residents who own property adjacent to Timber Lane. He went on to review the history of the process associated with providing City water for local residents according to statutory requirements and City Ordinances. He stated the petitions received were adequate to move forward with the preparation of plans, specifications, and engineers estimate. Once plans would be prepared, a public hearing would be scheduled for the improvement. Councilmember Zerby questioned whether the City of Tonka Bay could serve those residents with municipal water more cheaply than obtaining the water from Shorewood and incurring the cost of construction of a watermain. Engineer Brown also explained the residents would be trading the difference of the distance from one watermain construction to another which amounted to approximately 100 feet, and thus, he was not certain of the cost savings. He would investigate this option and report back to Council at the Public Hearing on this matter. He then reviewed the next steps in the process to be followed and recommended approval Garfunkel moved, Lizee seconded, Adopting RESOLUTION NO. 04-098. "A Resolution Declaring the Adequacy of a Petition for Extension of Municipal Water Service on Timber Lane." CITY COUNCIL REGULAR MEETING MINUTES November 22, 2004 Page 6 of7 Engineer Brown stated Staff would report on this matter at a later time with regard to setting the date for a Public Hearing. Motion passed 5/0. 11. STAFF AND COUNCIL REPORTS A. Administrator & Staff 1. Construction Update Engineer Brown stated there were several updates on construction projects throughout the City to be reviewed this evening. He went on to explain the Barrington Project included directional boring of a watermain along Highway 7, and he wanted to alert residents and Council since a great deal of earth material was being moved. He also stated he had advised the contractor not to install permanent curb and gutter for the project as there would be a great deal of settlement in the area with the winter freeze/thaw cycle ahead. This action would hinder occupancy permits for the project as a paved surface was required . to move forward. To that end, the developer had chosen to install a temporary twenty-foot-wide roadway that would be recycled next spring and would be replaced with asphalt. In response to Councilmember Zerby's question, Engineer Brown stated municipal water service was being extended to the Skate Park along Highway 7. Engineer Brown went on to explain the County Road 19 Wetland Restoration project had generated a number of comments from residents concerned with stormwater pond / Gideon Glen the grading currently taking place on the property installation of the stormwater pond in that project. He stated the construction of the pond looked dramatically out of scale for the time being, however, the woods to be preserved were outside of the current construction limits for the pond. He stated he wanted to reassure residents this project would become something the City would be very proud of despite the dramatic changes to the landscape currently. Also, he wanted to reassure residents the project had not lost sight of the changes to the surrounding eco-system and would eventually provide significant benefits for all residents within the area. Mayor Love stated it was imperative to work with the neighbors on this project and he appreciated the residents' concern for the changes to the landscape. He also stated he had been involved with several projects similar to this one, and noted it was always shocking to see the change at the beginning of the project. . Councilmember Zerby stated he, too, was concerned for the change, and questioned the actions taken thus far in minimizing visual impacts to the neighbors of the site. He also questioned whether the pond was the appropriate size for the project as he had been surprised of the enormous scale of the grading necessary for the construction of the pond. He stated he had been quite surprised on other projects, and he was concerned that the City and County make sure the actions taken were appropriate and correct for the outcome. Mayor Love explained the size of the pond was based on "safety shelf' features to ensure safety for people visiting the pond area, and he also stated that area would have transitional plantings from the pond area to the wetland. Engineer Brown agreed, noting the grading around the pond area was provided to meet the necessary grading and slope requirements for the plantings. He stated while it did not always appear so, the pond was actually considered minimal in size for the project. . . . . CITY COUNCIL REGULAR MEETING MINUTES November 22, 2004 Page 7 of7 Councilmember Zerby questioned where the excavated soil would be stored. Engineer Brown explained the soil would be stockpiled on site and would become topsoil for the project site during the restoration phase. Councilmember Zerby stated it would be beneficial to include an update on this project in the next City newsletter. In response to Councilmember Turgeon's question, Engineer Brown stated specific reforestation efforts designed to further buffer the neighboring properties could be added as a change order to the project, and would most likely be funded through the Local Roadway fund. Mayor Love stated he thought it would be helpful to hold a discussion on the short-and long-term effects of the project at the next City Council meeting. He also stated he realized the concern of the residents for this project and offered to meet personally with residents concerned. B. Mayor & City Council Engineer Brown also noted the drainage swale and trail in the Shorewood Oaks subdivision had been placed since the last Regular City Council meeting. Administrator Dawson stated there would be a meeting of the SLMPD Coordinating Committee on November 30,2004, at 4:00 P.M. Mayor Love recessed the Regular City Council meeting to a meeting of the Shorewood Economic Development Authority at 8:00 P.M Council would then reconvene in an Executive Session held for the purpose of conducting a performance review of the City Administrator. 12. EXECUTIVE SESSION - CITY ADMINISTRATOR'S PERFORMANCE REVIEW Mayor Love called the meeting to order at 8:14 P.M. All Councilmembers and Administrator Dawson were present. Council discussed the City Administrator's performance review. Turgeon moved, Garfunkel seconded, Adjourning the Executive Session Meeting to the Regular City Council Meeting of November 22, 2004, at 8:37 P.M. Motion passed 5/0. 13. ADJOURN Zerby moved, Lizee seconded, Adjourning the Regular City Council Meeting of November 22, 2004, at 8:38 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, , Sally Keefe, Recording Secretary Woody Love, Mayor Craig W. Dawson, City Administrator CITY OF SHOREWOOD CITY COUNCIL SPECIAL MEETING MONDAY, DECEMBER 6, 2004 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:15 PM MINUTES 1. CONVENE SPECIAL MEETING n....,. r1..'.'.'.' ..n.,.."...t.' T U I'{j..\ I' Mayor Love called the meeting to order at 7: 15 P.M. A. Roll Call Present: Mayor Love; Councilmembers Garfunkel, Lizee, Turgeon, and Zerby, Administrator Dawson, and Finance Director Burton Absent: None . B. Review Agenda Without objection from the Council, Mayor Love proceeded with the Agenda. 2. TRUTH IN TAXATION PUBLIC HEARING Mayor Love opened the Truth in Taxation Public Hearing at 7: 16 P.M. A. Staff Presentation . Administrator Dawson explained the Legislature was requiring cities to hold the annual Proposed Budget and Tax Levy Hearing, known most commonly as the Truth in Taxation Hearing, to gain public comment about the City's proposed 2005 Budget and the levies necessary to support it. He further explained action was not allowed on this item by Council this evening, but would most likely take place at the Regular City Council Meeting of December 13,2004. Finance Director Burton then presented information on the City's property tax distribution for 2005 and reviewed the budget calendar of preparation. She also stated the City was not subject to levy limits for the Year 2005; however Council had requested the 2005 levy be limited to a 12% increase from the 2004 amount of $3,420,229. Therefore the 2005 Proposed Budget recommended a property tax levy of $3,830,656; an increase of $410,427. In addition, a portion of the 2005 levy would include debt service payments that were made annually to fund the new public safety buildings. For 2005, Shorewood's share of this special levy amount was estimated to be $496,000. Finance Director Burton briefly summarized the Enterprise Funds, and subsequent proposed budgets for these funds, including Water Operations, Water Debt Service, Sanitary Sewer, Stormwater Management, and Liquor Operations. Finance Director Burton stated, in summary, total property taxes on a $337,000 home in Shorewood would be approximately $4,206. The City portion of that tax bill would be $985. For that amount of money, residents received a value in City services in the areas of police protection, fire protection, clean drinking water, snow plowing, street maintenance, parks and trails, building inspections, and other City services. #J,B CITY COUNCIL SPECIAL MEETING MINUTES December 6, 2004 Page 2 of 2 Administrator Dawson also explained there were several reasons for the tax levy increase for 2005. He stated the budget allocated approximately $200,000 toward rebuilding its Capital Improvement Fund Reserves, as well as $90,000 toward the total compensation costs of a City Engineer, $30,000 would be allocated toward a document retrieval system and an increase in general city operations in the amount of $90,000. On behalf of Council, Mayor Love thanked Staff for all efforts made in preparation and collaboration on the budget presentation. B. Public Hearing Mayor Love noted no one was present this evening to address Council, and no other correspondence had been received on this matter, thus, he closed the Public Hearing at 7:25 P.M. C. Council DeliberationlDecision to Reconvene . Zerby moved, Lizee seconded, Not to Reconvene on this matter. Motion passed 5/0. 3. ADJOURN Lizee moved, Zerby seconded, adjourning the Special Meeting of December 6, 2004, at 7:26 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Sally Keefe, Recording Secretary Woody Love, Mayor ATTEST: . Craig W. Dawson, City Administrator ~ . . PAYABLESAPPROVALS For 12/13/04 Council Meeting Prepared by: &i~ CfJ? &k Catherine EIke, Sr. Accountant Reviewed by: ~ .~..... . Bonnie Burton, Fi Director Date: I~ -q -Ot/ Date:~1 Date: . 12,08 P1- -d/f3/t PAYROLL APPROVALS For 12/13/04 Council Meeting . fa &h Prepared by: .. ~'U7y. lJll /a Cathe~ne E~~, ~r.. Accountant Reviewed by: ~ ~ BonnieBurto Fi c Director . Date: /O?-'1-o'/' Date: pjiuoj Date: 12.{)e.lJ4- . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128. www.cLshorewood.mn.us. cityhall@cLshorewood.mn.us MEMORANDUM DATE: December 8, 2004 TO: Mayor and Council Members Jean Panchyshyn, Executive Secretary/Deputy clerk'df . FROM: CC: Craig W. Dawson, City Administrator RE: Approving Year 2005 Tree Trimmer and Refuse Hauler Licenses Tree Trimmers and Refuse Haulers operating within the City of Shorewood must complete an annual license application and provide proof of insurance coverage. The Tree Trimmers and Refuse Haulers noted on the attached proposed resolutions have completed the application requirements to provide service in the City for the year 2005. . Council Action: A motion to adopt a resolution approving Year 2005 Tree Trimmer Licenses and A motion to adopt a resolution approving Year 2005 Refuse Hauler Licenses n '-.1 PRINTED ON RECYCLED PAPER #.3Cl 3e~ CITY OF SHOREWOOD RESOLUTION NO. 04- A RESOLUTION APPROVING LICENSES FOR TREE TRIMMERS WHEREAS, the Shorewood City Code Chapter 305 provides for the annual licensing of tree trimmers in the City; and WHEREAS, said Chapter provides that an applicant submit an application and fulfill certain requirements concerning insurance coverage and pay a licensing fee; and WHEREAS, the following applicants have satisfactorily completed this process and have submitted the requirements for the issuance of a License for Tree Trimmer. NOW, THEREFORE BE IT RESOLVED by the City Council of Shorewood as follows: . That a License for Tree Trimmer be issued for a term from January 1, 2005 to December 31, 2005, to the following applicants: Permit # Company Name Address 05-01 Rainbow Tree Company 2239 Edgewood Ave So, St. Louis Pk, MN 55426 05-02 Treecare, Inc. P.O. Box 358, Shorewood, MN 55331 05,,03 The Davey Tree Expert Co. 1500 N. Mantua St. PO Box 5193, Kent OH 44240 05-04 Majestic Tree Care, Inc. 4247 Queen Ave. N., Mpls., MN 55412 05-05 Viking Land Tree Care 6501 Maple Drive, Rockford, MN 55373 . 05-06 Ostvig Tree, Inc. 1421 E. Wayzata Blvd, Wayzata, MN 55391 ADOPTED by the City Council of the City of Shorewood this 13th day of December, 2004. Woody Love, Mayor ATTEST: Craig W. Dawson, City Administrator/Clerk CITY OF SHOREWOOD RESOLUTION NO. 04- A RESOLUTION APPROVING LICENSES FOR REFUSE COLLECTORS WHEREAS, the Shorewood City Code Section 503.05 provides for the annual licensing of refuse collectors in the City; and WHEREAS, said Section provides that an applicant shall complete an application and fulfill certain requirements concerning insurance coverage and pay licensing fee; and WHEREAS, the following applicants have satisfactorily completed this application and fulfilled the requirements for the issuance of a License for Refuse Collection. . NOW, THEREFORE BE IT RESOLVED by the City Council of Shorewood as follows: . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128. www.cLshorewood.mn.us. cityhall@cLshorewood.mn.us MEMORANDUM DATE: December 9,2004 . TO: Mayor and Council Members ~M"\ Jean Panchyshyn, Executive Secretary/Deputy Clerk ~V Bradley J. Nielsen, Planning Director FROM: CC: Craig W. Dawson, City Administrator/Clerk RE: Therapeutic Massage License Renewals for 2005 Therapeutic Massage license holders operating within the City of Shorewood must complete an annual license application, provide proof of insurance coverage and pay the license fee. The following individuals have completed the requirements to renew their.annual therapeutic massage license for 2005: . . Catherine M. Fogarty, D.b.a Ascending Energy, 19285 Highway 7, Suite 4 . Joan L. Rousar, 5585 Shorewood Lane Council Action: A motion approving Therapeutic Massage License Renewals for 2005. #-3C3 n ~.1 PRINTED ON RECYCLED PAPER CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128. www.cLshorewood.mn.us. cityhall@cLshorewood.mn.us MEMORANDUM DATE: December 6, 2004 FROM: Mayor and Council Members Jean Panchyshyn, Executive Secretary/Deputy Clerk-$ . TO: cc: Craig W. Dawson, City Administrator ~ RE: Approving the Year 2005 Agreement for Animal Control and Animal Impound Services The City contracts its Animal Control Services with the City of Orono Police Department, and its Animal Impound Services with Paws, Claws and Hooves (pCH). As noted in the attached correspondence from the City of Orono, there is a 3 % increase in Animal Control Service for the year 2005. . Animal Impound Services are provided by PCH. Impound fees for unclaimed dogs increased from $25 per day to $27 per day (with a two-day minimum fee). The monthly service rate has increased from $75 per month to $100 per month. Staff contacted PCH to inquire about the rather significant increase in this fee. PCH indicated that due to operating costs, they have had to increase the monthly service rate, which has not increased since 2003. PCH said they have done their best to keep the rates low for the participating cities. Council Action Staff recommends approval of the Contract for Animal Control Services with the City of Orono and the Contract for Animal Impound Services with Paws, Claws and Hooves for the year 2005. n ~.1 PRINTED ON RECYCLED PAPER :If 3D CITY of ORONO Street Address: 2750 Kelley Parkway Orono, MN 55356 Municipal Offices Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 November 24, 2004 Honorable Mayor and City Council City of Shorewood c/o Craig Dawson, City Administrator 5755 Country Club Road Excelsior, MN 55331-8927 r---~ I RECef;f,7i:~;\;~~-'''', ~ Nav 29;O:4U I f CIT'0}F SHo .r;- . f . ----!i.- WOn')' '--"'-. ;~~ Honorable Mayor and City Council: The City of Orono does hereby submit a proposed contract for the provision of animal control services to the City of Shore wood for the year 2005. The proposed contract reflects a 3.0% increase in animal control costs. The City of Orono and the Orono Police Department are committed to providing the highest quality animal control services, and the highest level of responsiveness to Shorewood's animal control service needs. We appreciate the continued opportunity to provide animal control services to the City of Shorewood, and respectfully request that the Mayor and City Council approve the extension of the animal control service contract for 2005. Please sign and return both copies ofthe 2005 contract. A fully executed copy will then be returned to the city for its records. . Respec tfull.YS. ubm. itt..~., .... .'" A ~' .// . ,// /. /7 . .: -0::.. /, ../.....:~.&~ ~."L _' _.. Ronald J. Moorse City Administrator RJM/lsv Enc. Telephone (952) 249-4600 · Fax (952) 249-4616 www.ci.orono.mn.us . . ANIMAL CONTROL CONTRACT This agreement made this day of , 2004, by and between the City of Orono, hereinafter referred to as "ORONO"; and the City of SHOREWOOD, hereinafter referred to as SHOREWOOD, witnesseth: In consideration of the covenants and agreements hereinafter set forth, it is mutually agreed by and between the parties hereto as follows: 1. This agreement shall be effective as of January 1, 2005, and shall continue in effect until December 31, 2005, unless cancelled pursuant to this agreement. 2. ORONO agrees to patrol the public streets of SHORE WOOD, in accordance with a schedule provided by ORONO, agreed upon by SHOREWOOD. If necessary, ORONO agrees to transport animals as it deems appropriate. ORONO will, at the completion of each regular patrol or as soon as reasonably possible, in the City of SHOREWOOD, give a written statement to the South Lake Minnetonka Public Safety Department setting forth a description of all animals impounded including breed, color, weight, name of owner, name of animal, if known, and point of collection by the patrol officer. ORONO will also attempt to notify South Lake Minnetonka Public Safety Department prior to impounding any animal. 3. ORONO agrees to provide personnel and equipment to provide animal control services. Said employees shall perform their duties in proper attire, utilizing a marked Orono Public Safety vehicle whenever available. These employees shall be in uniform or have City of Orono identification. 4. SHOREWOOD shall authorize ORONO to apprehend and retain domestic animals and/or issue citations or warnings for violations of city ordinances. Wild animals shall only be dealt with pursuant to ORONO'S policy regarding wild animals ifthe animal is presenting dangers of personal injury or significant property damage. However, ORONO shall not invade private property contrary to the wishes of the owner of said property, nor forcibly take an animal from any person without the approval and assistance of a peac~ officer having jurisdiction in that city. 5. ORONO agrees to patrol the public streets of SHORE WOOD and respond to animal control calls in SHOREWOOD. Orono shall also conduct annual kennel and stable inspections. These shall be scheduled during regular patrol hours in Shorewood. 6~ In addition to regular patrol, ORONO agrees to respond to "emergency call-outs" from SHOREWOOD. ORONO will have an officer scheduled to respond to such call-outs. ORONO shall respond at the earliest opportunity to such requests, including bite cases or injured animals, as deemed appropriate by ORONO. There may be occasions when an animal control officer will not be immediately available, in which event the response will occur at the earliest opportunity. 1 ANIMAL CONTROL CONTRACT Continued An "emergency call-out" is defined as a specific request for animal control service during times that an officer is not on duty. If an Orono Animal Control Officer is on duty, even though not patrolling in SHOREWOOD, said officer will respond. If deemed appropriate by the Orono officer on call, a situation may be dealt with over the phone. ORONO agrees to coordinate services with the Paws, Claws, and Hooves, 10500 Great Plains Boulevard, Chaska, MN, 55318, which will serve as the impound facility, as long as this arrangement is agreeable with Paws, Claws and Hooves. SHOREWOOD agrees to be billed directly by Paws, Claws and Hooves, and to pay for impound, boarding, euthanasia, disposal, or any other veterinary fee as charged by the impound facility. When requested, the Animal Control Officer will review these bills to determine ifthe charges appear proper. 7. ORONO shall furnish monthly reports to SHOREWOOD reflecting the charges for animal control services, which each city agrees to pay ORONO within 30 days of being billed. . 8. . When an animal is impounded pursuant to this animal control contract, said animal shall be held in accordance with Minnesota Statute 35.71. In the event that an impounded animal is unclaimed, the animal becomes the sole responsibility of Paws, Claws and Hooves to be placed or disposed of at their discretion. 9. ORONO shall maintain reports on Orono forms, or utilize specific forms as requested by SHOREWOOD. A monthly report of activity shall be provided to SHOREWOOD. 10. The City of ORONO will indemnify and hold harmless SHOREWOOD for claims, suits, actions, damages and loss arising out of the negligence or misconduct of the City of ORONO in conjunction with this agreement. 11. SHOREWOOD agrees to pay ORONO for services in the performance of this contract, pursuant to Paragraph 15 of this contract, as follows: . A) Annual Fee for patrol and emergency pick-ups. . . . . . . . . . . . . . . .$20,102.90 B) Price per deceased animal disposed of by the City of ORONO. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$50.00 C) It is agreed that if the designated boarding facility or euthanasia/disposal service is unavailable, SHOREWOOD shall authorize ORONO to obtain these services elsewhere, and SHOREWOOD shall pay ORONO the rates of the alternative facility. 2 .. " ;' . . ANIMAL CONTROL CONTRACT Continued 12. SHOREWOOD shall pay any veterinary bill incurred for unclaimed animals impounded from SHOREWOOD. Owners claiming their animals shall be charged the veterinary bill in its entirety, including impound fees. 13. All payments shall be made by SHOREWOOD upon receipt of monthly statements from ORONO within 30 days. 14. Because this is ajoint effort involving the cities of SHORE WOOD, EXCELSIOR, TONKA BAY, and ORONO, it is agreed upon that any modifications to, or withdrawals from this contract shall require the written authority of each party. SHOREWOOD agrees that in the event that one or more parties seek such change, including withdrawing from the contract, said party (or parties) shall remain obligated to pay their agreed upon annual fee in monthly installments, unless otherwise agreed to by all parties pursuant to this Paragraph, for the remainder of the year. 15. SHOREWOOD further agrees that the fee reflected in this contract is in effect only for the calendar year 2005. 16. Under no circumstances shall ORONO be obligated to respond to any request for assistance, or to patrol when, in the sole discretion of the Orono Police Chief or his duly authorized agent, anyone of the following conditions exist: (1) when necessary personnel and/or equipment are engaged elsewhere, (2) when road or weather conditions constitute a hazard, (3) when providing assistance would expose any person to unreasonable risks. 17. The time and manner in which service is rendered, the standard of performance and the control of personnel employed to render such service shall be determined by ORONO. ORONO reserves the right to alter scheduling should conflicts arise (i.e. CSO schooling, illness, vacation, etc.). For the City of Shorewood: For the City of Orono: Woody Love, Mayor Barbara A. Peterson, Mayor Craig Dawson, City Administrator Ronald J. Moorse, City Administrator Animal OS shw.doc r RECEiVED ANIMAL CONTROL IMPOUND CONTRACT ,DEe - 3 2004 This contract represents an agreement between the City of SHOREWOOD and Paws, cla~s::!ff}<>fff-~.r.~bRE-V~IO Boarding (PCR) to provide animals impound services for stray dogs and cats. ~~I!.:... 'If 9D J .," , ; Impound service will be provided 24 hours daily. Normal business hours (seven (7) days a week except Holidays) are Monday through Saturday 9:00 a.m. to 12:00 p.m. and 3:00 p.m. to 6:00 p.m. and Sunday I :00 p.m. to 4:00 p.m. After hours, animals may be installed in the POLICE KENNELS on the SOUTHEAST side of the building and all paperwork deposited in the mailbox attached to the building. ANIMALS WILL BE IMPOUNDED ONLY BY AN AUTHORIZED REPRESENtATIVE. The stray animal must be transported by an official to the impound facility, Paws, Claws & Hooves, 10500 Great Plains Boulevard, Chanhassen, located at Highway intersections of212 and 101, entrance on North 101. Animals impounded will be held for five working days, excluding the first working day, as required by Statute 35.71 and ifnot claimed by the owner, will become the property ofPCH, to be adopted into a new home or euthanized at its discretion. Every attempt will be made by the City to locate the owner(s) of stray pets. If the animal is claimed by the owner, the owner will pay all boarding costs. With prior authorization, PCH may collect fines for the city during hours when the city is not open for business. Fines or license fees collected by PCH . will be paid to the city involved. PCR shall keep all boarding fees. The monthly service Rate assigned is $100.00 per month and may be paid in advance. Impounding fees for unclaimed animals will be billed monthly at the following rates: Domestic Animals: $27.00 per day, two day minimum. Additional Services when required due to space needs or if unclaimed: Inoculations Bath $95.00 $35.00 EUTHANASWDISPOSAL FEE = $100.00 per animal. Adoption fee is $40.00 per animal. All fees charged are subject to applicable tax. Unclaimed animals become the property ofPCH. If an animal is not considered adoptable (age, condition, illness, temperament, etc.) PCH will euthanize by lethal injection by a Veterinarian. On the rare occasion that an injured . or terminally ill animal is impounded PCH will determine, with the help of a Veterinarian, what is best for the animal. If the animal is suffering it may be euthanized immediately and the euthanasia and disposal fees will be charged to the owner, if known, or the city. This contract runs from January 1,2005 to December 31, 2005 and may be reinstated on an annual basis. This contract may be terminated by either party upon sixty (60)days written notice prior to contract terminating ~~ Paws, CIa nd H et Boarding (952) 445-6403 to-lOt {c:>4- Date City Administrator or Clerk Date City Mayor Date CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236 FAX (952) 474-0128 . www.cLshorewood.mn.us . cityhall@cLshorewood.mn.us MEMORANDUM DATE: December 3,2004 . TO: Mayor and Council Members Jean Panchyshyn, Executive Secretary/Deputy Clerk ~ FROM: CC: Craig W. Dawson, City Administrator Cb RE: A Motion to Adopt a Resolution Extending the Electronic Parcel Database (EPDB) License Agreement with Hennepin County for the Year 2005 The City of Shorewood entered into Agreement No. A13010 with Hennepin County in June of 2000 for electronic parcel data for the purpose of obtaining Shorewood'parcel map data from Hennepin County. A copy of this Agreement is available in the City Clerk's office. . Each year this Agreement must be renewed. Staff has prepared a resolution which extends this Agreement for the Year 2005. Staff recommends extension of this License Agreement in order to continue to receive updated parcel map data from the County in the year 2005. Council Action Approval of the resolution extending the Electronic Parcel Database License Agreement with Hennepin County for the Year 2005. ft ....,1 PRINTEO ON RECYCLED PAPER =#=3E CITY OF SHOREWOOD RESOLUTION NO. 04- A RESOLUTION AUTHORIZING THE MAYOR AND CITY ADMINISTRATOR TO EXTEND THE EPDB CONDmONAL USE LICENSE AGREEMENT WITH HENNEPIN COUNTY FOR THE YEAR 2005 WHEREAS, the City of Shore wood (City) has a desire to use electronic parcel specific data from Hennepin County (County); and WHEREAS, in order for the City to use the desired information, the City must renew their EPDB Conditional Use License Agreement with the County, establishing criteria for use of such data; . NOW, THEREFORE, BE IT RESOLVED that the Shorewood City Council hereby authorizes and directs the Mayor and City Administrator to extend the EPDB Conditional Use License Agreement with Hennepin County for the year 2005. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 13th day of December, 2004. Woody Love, Mayor Attest: . Craig W. Dawson, City Administrator/Clerk ~ CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331~8927 · (952) 474-3236 FAX (952) 474-0128 . www.cLshorewood.mn.us · cityhall@cLshorewood.mn.us MEMORANDUM . Date: December 8, 2004 To: Honorable Mayor and City CouncilMembe~ .. f~ Bonnie Burton, Finance DirectorlTreasure~ From: ' Re: Agreement for Computer Network Maintenance Services for 2005 cc: Craig Dawson, City Administrator . The City computer maintenance services are provided by Techies, formerly known as the Geek Squad. This firm has consistently maintained smooth operation of the City's computer network system. Based on their performance, staff highly recommends renewal of the annual maintenance contract for the year 2005. The annual cost of the contract is $500 per month, which is unchanged since 2003. This cost has been programmed into the 2005 budget. Action Requested A motion by the council is requested to authorize the City Administrator to enter into an agreement for computer consulting services with Techies for 2005 as per the attached agreement. n '-~ PRINTED ON RECYCLED PAPER --it 3 F Managed Service Agreement t This Agreement is for: City of Shorewood Upon execution of this agreement, Techies will provide the following services. (Gathering of information and preparation of reports will consume the first visit): . 24 X 7 remote monitoring of 10 1 key network elements (server, firewall, etc.). . 1Q._............J remote resolutions per month at no addition'al cost . 1.0.___.1 emergency service calls at normal rates per time of the contract . A detailed inventory of all hardware and software. . A written detail of all ISP information including: o ISP name, IP's, passwords, router/server configuration . A written, basic security review . A written disaster analysis and recovery plan . A scheduled maintenance plan which includes: o Monthly network performance reports o A server/network checklist with each visit o Workstation updates and maintenance o A written report of work completed during each visit . On-going recommendations to provide further scalability and stability . Upgrade recommendations . Pricing, purchasing and Installation of suggested hardware and software requirements Length of Agreement: l~~_~~~~~~..__.____._.____j Frequency of visit: 19_~~~~__~<?~.~~._._... j Length of visit: l~-~~~~--____._..__J Fee per month: 1~~_Q.___.__. ...___.1 Start Date: 1/3/05 _ End date: .J2/30/0~___.__ You will be billed monthly, in advance, and payment will be due on the first of every month. . A few Rules: . If you do ever need to reschedule an appointment, we will try to accommodate your needs. If we cannot reschedule and you choose not to have us make a visit, you do lose those hours. . If your visit falls on a holiday, you will be contacted to reschedule for that visit. . You cannot cancel visits. They are pre paid, therefore if you choose not to have a visit you will be charged for the visit anyway. Here's what we'll need you to do for us: . Services which extend beyond the scheduled maintenance time frames will require a proposal and be billed separately. . Emergency situations which cannot walt until the following scheduled maintenance time will be billed at normal emergency rates. . Review of software and hardware recommendations with approval or disapproval. . Clear communication to Techles of needs In software and hardware, In writing. . . An understanding that when recommendations are not followed, or when changes are made to systems by non- Techies personnel, Techies can not be responsible and additional costs may be incurred. In other words, call us before you poke around under the hood. WARRANTY/LIABILITY: WARRANTY: TECHIES-NETWORK TASK FORCE DOES NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE EXCEPT THOSE WARRANTIES SPECIFICALLY PROVIDED IN THIS AGREEMENT. IN NO EVENT WILL TECHIES-NETWORK TASK FORCE BE LIABLE FOR CONSEQUENTIAL DAMAGES EVEN IF TECHIES-NETWORK TASK FORCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NO WARRANTY IS TRANSFERABLE. TECHIES-NETWORK TASK FORCE SHALL HAVE NO LIABILITY OR RESPONSIBILITY TO YOU OR ANY PERSON OR ENTITY WITH RESPECT TO ANY LOSS, DAMAGE OR INJURY TO PERSONS OR PROPERTY CAUSED DIRECTLY OR INDIRECTLY BY THE USE OR INABILITY TO USE THE FOREMENTIONED EQUIPMENT AND/OR SERVICES. GENERAL: The customer acknowledges that the customer has read this agreement, understands it, and agrees to be bound by its terms and further agrees that it is the complete and exclusive statement of the agreement between the parties, which supersedes all proposals oral or written and all other communications between the parties relating to the subject matter of this Agreement. ALL PRICES ARE SUBJECT TO CHANGE DUE TO MARKET CONDITIONS ON PARTS AND UNFORSEEN FACTORS THAT MAY ARISE DURING INSTALLATION OR MAINTENANCE. 1. Maintenance services are for the benefit of and shall apply only to Customer and Its authorized users. 2. Customer shall maintain an environment for all hardware and software in accordance with Techles' specifications, and shall provide Techies with access to all software and hardware as necessary to perform the maintenance services. 3. Customer also will provide all required remote support and update connections as reasonably requested by Techies. 4. Customer shall not permit persons other than Techies' authorized personnel to perform maintenance or attempt repairs to any hardware or software, except with Techies' prior written consent. 5. Service time and/or materials required to identify, verify or resolve problems attributable to the causes listed below are not Included in the maintenance services: (a) any acts or omissions or negligence of Customer, its employees, or third parties; (b) use of access cards, devices or other supplies or CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236 FAX (952) 474-0128 · www.cLshorewood.mn.us . cityhall@cLshorewood.mn.us MEMORANDUM Date: December 9, 2004 . To: Honorable Mayor and City Council Members /J... .. ; Bonnie Burton, Finance Director/Treasurer ~ From: Re: Auditing Services Contract cc: Craig Dawson, City Administrator . The City's auditors Abdo, Eick and Meyers, LLP, have submitted their engagement contract for services for this year. Their estimated fee for audit services will be approximately $19,000, which is somewhat higher than last year. The additional costs are because of the increased costs of the audit related to the implementation of GASB Statement No. 34. In addition, there is a one time conversion charge not to exceed $3,500 to convert the financial statement format. Action Requested A motion by the council is requested to approve the agreements with Abdo, Eick and Meyer for auditing services and conversion charges for the year ending December 31,2004. Approval requires a simple majority vote by the council. n "'.1 PRINTED ON RECYCLED PAPER :#= 3 C?7 December 1,2004 Gr.\n(h'iewSqlllll'C 5201 E.J,m Avel1lle Sllile:nO ~:diml,?tIN 55436 Honorable Mayor and City Council City of Shorewood 5755 Country Club Road Shorewood, Minnesota 55331 Dear Honorable Mayor and City Council: . Weare pleased to confirm our understanding of the services we are to provide the City of Shorewood for the year ended December 31, 2004. We will audit the financial statements if the governmental activities, the business-type activities, each major fund, and the aggregate reaming fund information, which collectively comprise the City's basic financial statements, of the City as of and for the year ended December 31,2004. Also, the document we submit to you will include the following additional information that will be subjected to the auditing procedures applied in our audit if the financial statements. 1. Management's Discussion and Analysis 2. Combining Fund Statements Audit Objective The objective of our audit is the expression of an opinion as to whether your financial statements are fairly presented, in all material respects, in conformity with accounting principles generally accepted in the United States of America and to report on the fairness of the additional information referred to in the first paragraph when considered in relation to the financial statements taken as a whole. Our audit will be conducted in accordance with auditing standards generally accepted in the United States of America and will include tests of the accounting records and other procedures we consider necessary to enable us to express such an opinion. If our opinion on the fmancial statements is other than unqualified, we will fully discuss the reasons with you in . advance. If, for any reason, we are unable to complete the audit or are unable to form or have not formed an opinion, we may decline to express an opinion or to issue a report as a result of this engagement. Management Responsibilities Management is responsible for making all financial records and related information available to us. We understand that you will provide us with such information required for our audit and that you are responsible for the accuracy and completeness of that information. We will advise you about appropriate accounting principles and their application and will assist in the preparation of your financial statements, but the responsibility for the financial statements remains with you. As part of our engagement, we may propose standard, adjusting or correcting journal entries to your financial statements. You are responsible for reviewing the entries and understanding the nature of any proposed entries and the impact they have on the fmancial statements. That responsibility includes the establishment and maintenance of adequate records and effective internal control over financial reporting, the selection and application of accounting principles, and the safeguarding of assets. Management is responsible for adjusting the financial statements to correct material misstatements and for confirming to us in the representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements taken as a whole. 952.835.9090 . HIX 952.835.3261 www .u{'":Ulc.:lUl$.t,~OfIJ . . December 1, 2004 Page Two You are responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud affecting the government involving (a) management, (b) employees who have significant roles in internal control, and (c) others where the fraud could have a material effect on the financial statements. You are also responsible for informing us of your knowledge of any allegations of fraud or suspected fraud affecting the government received in communications from employees, former employees, regulators or others. In addition, you are responsible for identifying and ensuring that the entity complies with applicable laws and regulations. Audit Procedures - General An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. We will plan and perform the audit to obtain reasonable rather than absolute assurance about whether the financial statements are free of material misstatement, whether from errors, fraudulent fmancial reporting, misappropriation of assets, or violations of laws or governmental regulations that are attributable to the entity or to acts by management or employees acting on behalf of the entity. Because an audit is designed to provide reasonable, but not absolute, assurance and because we will not perform a detailed examination of all transactions, there is a risk that material misstatements may exist and not be detected by us. In addition, an audit is not designed to detect immaterial misstatements, or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements. However, wewillinform you of any material errors that come to our attention, and we will inform you of any fraudulent financial reporting or misappropriation of assets that come to our attention. We will also inform you of any violations of laws or governmental regulations that come to our attention, unless clearly inconsequential.Our responsibility as an auditor is limited to.the period covered by our audit and does not extend to matters that might arise during any later periods for which we are not engaged as auditors. Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence ofinventories, and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, creditors, and financial institutions. We will request written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit, we will also require certain written representations from you about the financial statements and related matters. Identifying and ensuring that the City complies withlaws, regulations, contracts, and agreements is the responsibility of management. As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of the City compliance with applicable laws and regulations and the provisions of contracts and agreements. However, the objective of our audit will not be to provide an opinion on overall compliance and we will not express such an opinion. Audit Procedures - Internal Control In planning and performing our audits, we will consider the internal control sufficient to plan the audit in order to determine the nature, timing and extent of our auditing procedures for the purpose of expressing our opinion on the City's financial statements. An audit is not designed to provide assurance on internal control or to identify reportable conditions. However, we will inform the governing body or audit committee of any matters involving internal control and its operation that we consider to be reportable conditions under standards established by the American Institute of Certified Public Accountants. Reportable conditions involve matters coming to our attention relating to significant deficiencies in the design or operation of the internal control that, in our judgment, could adversely affect the City's ability to record, process, summarize and report financial data consistent with the assertions of management in the financial statements. 952.835.9090 . ~ax 9.52.I:la5.3261 WW\\i.n.eluepus.euru December l, 2004 Page Three Audit Administration, Fees and Other We understand that your employees will prepare all cash or other confirmations we request and will locate any invoices selected by us for testing. We will prepare a general ledger trial balance for use during the audit. Our preparation of the trial balance will be limited to formatting information in the general ledger into a working trial balance. As part of the audit we will prepare a draft of your fmancial statements and related notes. We will also use the financial statements to complete the Office of the State Auditors' City Financial Reporting form. You will be required to review and approve those financial statements and forms prior to their issuance and have a responsibility to be in a position in fact and appearance to make an informed judgment on those financial statements and forms. Further you are required to designate a qualified management-level individual to be responsible and accountable for overseeing our services. Our fee for these services will be at our standard hourly rates plus out-of-pocket costs (such as report reproduction, typing,. postage, travel, copies, telephone, etc.). We estimate that our gross fee, including expenses, will be approximately $19,000 for . the audit and $450 for the OSA City Financial Reporting form. Compared with the prior year, this estimate assumes an additional 60 hours due to overall increased hours on the audit and GASB Statement No. 34 implementation. Our standard hourly rates vary according to the degree of responsibility involved and the experience level of the personnel assigned to your audit. Our invoices for these fees will be rendered each month as work progresses and are payable on presentation. In accordance with our firm policies, work may be suspended if your account becomes 90 days or more overdue and may not be resumed until your account is paid in full. If we elect to terminate our services for nonpayment, our engagement will be deemed to have been completed upon written notification of termination, even if we have not completed our report. You will be obligated to compensate us for all time expended and to reimburse us for all out-of-pocket costs through the date of termination. The above fee is based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the audit. If significant additional time is necessary, we will discuss it with you and arrive at a new fee estimate before we incur the additional costs. We appreciate the opportunity to be of service to the City and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us; Sincerely, . ABDO, EICK & MEYERS, LLP Certified Public Accountants .~M~ Steven R. McDonald, CPA 952.835.9090 . HLX 952.8i35.H261 WW\".t\t~mepa$.l"t)tU ABDO & :MEYERS LLP Ortffied l~ll;ltc AcrountanM & Consltltallt.~ December 1, 2004 Gnllldvie,. Squure 52ll1Eden Avenue 5uil.tl 370 Edina, MN 55436 Honorable Mayor and City Council City of Shorewood Shorewood, Minnesota The City is required to implement the requirements of Governmental Accounting Standards Board (GASB) Statement No. 34, Basic Financial Statements - and Management Discussion and Analysis - for State and Local governments as of December 31,2004. We will convert the financial statements from the current format to the new format based on your current chart of accounts. In order to complete the conversion we will address the following areas with your staff. . . Any changes in classifications of existing funds (should some enterprise funds be classified as governmental or vice versa). . Any modification to existing capital asset policiesotestablishing a new policy. . Revenue assigrimerits by program. The City will establish program revenue assignments for all revenue source codes . Depreciation schedules for governmental and business type activities. Depreciation by department will also be required for governmental activities. . Schedule of compensated absences by governmental and business type activities. A further breakdown by department will also be required for business type activities. . Deferred revenue separated by unavailable versus unearned. . Schedule of bonds and accrued interest on bonds separated by governmental and business type activities . Policy on amortizatiori of bond issue costs. . Reconciliation of i.nterfund balances between governmental and business type activities. . Any other area unique to the City. You are responsible for management decisions and functions, and for designating a competent employee to oversee the services . we provide. You are responsible for evaluating the adequacy and results of the services performed and accepting responsibility for such services. You are responsible for establishing and maintaining internal controls, including monitoring ongoing activities. None of the services can be relied on to detect errors, fraud or illegal acts that may exist. However, we will inform you of any material errors that come to our attention and any fraud or illegal acts that come to our attention, unless they are clearly . inconsequential.. In addition, we have no responsibility to identify and communicate significant deficiencies or material weaknesses in your internal control as part of this engagement. If, for any reason, we are unable to complete the conversion of your financial statements, we will not issue a report on such statements as a result of this engagement. We estimate that this project will take from 30 to 40 hours and will be billed at our standard hourly rates which range from $55 to $148 per hour. The fee estimate would be $2,500 to $3,500 based on the hours identified above. The fee estimate is based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the work performed. If significant additional time is necessary, we will discuss it with you and arrive at a new fee estimate before we incur the additional costs. Our invoices for these fees will be rendered each month as work progresses and are payable on presentation. 952.835.9()l>f) . H,s 9:i2.ll:{5.1l26J W\\;'\'~uemcpas.(~Om . . . City of Shorewood December 1, 2004 Page Two We appreciate the opportunity to be of service to you and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us. Sincerely, ABDO, EICK & MEYERS, LLP Certified Public Accountants ~M~ Steven R. McDonald, CPA RESPONSE: This letter correctly sets forth the understanding of the City of Shorewood. By: Title: Date: 9.';2.8.'\;;.9090 · tilS 952.83;;.1l261 W\\'\\'.il~r"wpa~.f:vm ~ . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128' www.cLshorewood.mn.us' cityhall@cLshorewood.mn.us MEMORANDUM . DATE: December 9. 2004 FROM: Honorable Mayor and Councilmembers .. ,.,. Bonnie Burton, Finance Director ~ TO: RE: Annual Property &Liability Insurance Renewal cc: Craig Dawson, City Administrator . Background The City's Property/Liability Insurance package renewed on November 1, 2004. The City's municipal insurance coverage is through the League of Cities Insurance Trust. The total package renewal premium for next year is $90,595 compared with $81,020 last year. This municipal package includes property, liability, worker's compensation, liquor liability, bond, and umbrella coverage. Premium Summary The proposed expense for the property and liability portion of the package increased from $44,232 for 2004 to $49,776 for 2005. The City experienced some losses this year and insurance rates have increased in general. A summary of the city's coverage is attached for your review. Please note the grand total for the package is $90,595 and the 2004 City budget allocated $99,500 across all funds for all lines. ft ~J PRINTED ON RECYCLED PAPER -#- j tI- ~ Insurance Renewal - Page 2 Liability Coverage Limits This motion is considered by the City Council each year. Minnesota State Statutes set tort liability limits for governmental units at $300,000 per claim/$750,000 total claims per occurrence. The City carries tort liability at statutory limits and has excess liability coverage of $1,000,000. The City's insurer allows cities the option of waiving this limit, thereby allowing payment of a larger claim. By waiving the statutory limit, the city opens itself to larger claims and higher insurance costs. In prior years, staff has recommended, and the City Council has elected, to not waive the statutory limits. It is again the staff's recommendation that the Council approve a motion that does not waive the statutory tort liability limits for the 2004/2005 insurance renewal. Action Requested . The City Council is requested to approve the property and liability insurance renewal and elect to not waive the statutory limits as described above. . CITY OF SHOREWOOD INSURANCE PROGRAM NOVEMBER 2004 . The City of Sborewood has been insured with the League of Minnesota Cities Insurance Trust since 1986. Tbis program was established in tbe early 1980's with the intent of insuring cities without producing profit for the insurance carrier. Ninety percent of the cities that are eligible are enrolled in the program. The program has been very successful in maintaining competitive rates in addition to paying dividends based on the program's loss ratio, not the loss ratio of the individual city. Loss ratios are based on the annual renewal premiums excluding any dividends paid. tbe City of Shorewood has qualified for a dividend most years and the following is a list of tbe most recent dividends paid: 1995 - $18,763.00 1996 - $25,519.00 1997 - $22,722.00 1998 - $18,306.00 1999 - $13,179.00 2000 - $ 9,113.00 2001 - $12,388.00 2002 - $14,121.00 2003 - $13,598.00 . I bave requested 3 and 5 year loss ratios and loss runs from the League which I will forward to you. Our agency has written coverage for Shorewood since 1984, originally with Marinco Insurance Company out of Texas, and then through the League program. Annual premiums are based on the total program's experience and Shorewood's experience within the program. The total package renewal premium for 2004-2005 is $49,776.00 compared to $44,232.00 last year. The annual Umbrella premium for 2004-2005 is $7,287.00 compared to $5,910.00. This includes any exposure changes per the application that was submitted. The City of Shorewood bas always elected to renew "without the waiver of monetary limits on tort liability established by Minnesota Statue 466.04". Our Page -2- underwriter at tbe League has informed us that a large majority of cities she works with cboose this option. Coverages for the 2004-2005 policy period have been renewed per the attached schedule of limits and coverages. The liquor stores are covered under a specialty program witb St. Paul Companies for Off Sale Liquor establisbments. The League was unable to quote the No Fault Sewer Back Up coverage as to date they had not received all of the necessary information from you. Per our discussion please advise if you would like to purchase the $2,000,000. Umbrella coverage at the additional premium of $3,644.00. You currently have a $1,000,000. Umbrella. Also, you do not currently have the Open Meeting Law coverage. The cost for 100% Reimbursement is $459.00 annually. Please advise if you wish to purchase this additional coverage. . Thanks much for this renewal business. If you have any questions or need any changes made please give us a call. Sincerely, KEN JARCHO AGENCY LLP Kenneth J. Jarcho . CITY OF SHOREWOOD NOVEMBER 2004 POLICY/COVERAGES POLICY PERIOD PREMIUM 5,529,164.00 606,189.00 264,095.00 - League of Minnesota Cities 11/1/04 - 11/1/05 Blanket on Building & Personal Property - $500.00 Deductible Boiler Coverage Mobile Equipment - Scheduled - Over $25,000. Mobile Equipment - Unscheduled - Under $25,000. $500.00 Deductible CMC 25411 $5,29,165.00 . $ 1,000,000.00 1,000,000.00 Commercial General Liability - $500.00 Deductible Public Oficials Liability - $2,500.00 Deductible 1,000,000.00 Business Auto Liability Basic PIP Uninsured & Underinsured Motorists $500.00 Deductible - Comprehensive - Per Scbedule $500.00 Deductible - Collision - Per Schedule 1,000,000.00 15,000.00 Garagekeepers Coverage - $500.00 Deductible $ 49,776.00 . MEL';;:'~124 League of Minnesota Cities 1,000,000.00 Umbrella 11/1/04 -11/1/05 7,287.00 BK01244321 St. Paul Companies 11/1/04 -11/1/05 Liquor Store $ 341,960.00 Special Form, Replacement Cost on Contents Including Improvements & Betterments 23720 Highway 7, Shorewood, MN 5533 240,539.00 Special Form, replacement Cost on Contents 19905 Highway 7, Shorewood MN 55331 $500.00 Deductible Page -2- Liquor Stores Continued Commerical General Liability $1,000,000.00 General Aggregate 500,000.00 Each Occurrence Liquor Liability 500,000.00 Liability Limit 23720 Highway 7 19905 Highway 7 10,000.00 Money & Securities - Inside 10,000.00 Money & Securities - Outside $ 9,439.00 . 1058982 United Fire & Casualty 100,000.00 Public Employees Bond 100,000.00 Depositor's Forgery 11/1/04 - 11/1/05 $ 969.00 0200027623 League of Minnesota Citities 11/1/04- 11/1/05 Workmen's Compensation & Employer's Liability $1,000,000.00 Bodily Injury - Each Occurrence 1,000,000.00 Bodily Injury by Disease - Agreement Limit Based on Payrolls Per Attached $22,572.00 906006-08506295-04 Auto Owners 76,179.00 Computer Equipment Per Schedule 4,000.00 Toshiba Laptop 2,565.00 Dell Laptop $500.00 Deductible 11/1/04 - 11/1/05 . 552.00 ~ CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128. www.cLshorewood.mn.us. cityhall@cLshorewood.mn.us MEMORANDUM TO: Mayor and City Council Craig Dawson, City Administrator Larry Brown, Director ofPuqlic Works Jt December 9,2004 FROM: . DATE: RE: Resolution Approving Change Order 4 and C()rrect~on to Final Payment - Smithtown Road Pavement Rehabilitation Project City Project 01-07; SAP 216-101-03 Attachment 1 is a memorandum from Larry Brown, dated November 20, 2003, regarding the establishment of No Parki~ along Smithtown Road. This item was presented tolhe City~ouncil, and appfeved~on<November 24 , 2003. .fustallati()n of no parking signs along Smithtown Road was hot part of the original cotltract, as noted in the subjecLmemorandum. At that time, it was mentioned that a change order would be required for paymentior the furnishing and installation of these signs. ~ . Staff has determined that this change order for the addition of no parking signs was never processed. In addition, what was thought to be the final contact payment did not include payment to the contractor for the signs. Therefore, the attached resolution authorizes payment of Change Order 4, and makes revision to the final contact amount for the project. Recommendation Staff is recommending approval of the attached resolution that authorizes payment of Change Order 4, and makes revision to the final contact amount for the Smithtown Road Pavement Rehabilitation Project. A resolution is attached for your consideration n ~.1 PRINTED ON RECYCLED PAPER #3]; J CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128 · www.cLshorewood.mn.us · cityhall@cLshorewood.mn.us MEMORANDUM DATE:. Mayor and City Council Craig Dawson, City Administrator Larry Brown~D~rof Public Works If . N~velllber 20, 20Q3 TO: FROM: RE: Resolution Establishing No Parking on Smithtown Road and Portion of Strawberry Lane -.' Aspartoftlie;Srriitht6wn:R6ad'~r()ject;. "No Parking" .signs aretc}Hbe installed along' the lengthc0f~o.' ... . Smithtown Road from Coun~Club Road to the,Yi~toria border on both the north and south sides' of the roadway. 'Thisitemestablisl{esthe'no~parking by resolution. ..- ,- . :...', . ,,',:"' :" "':. ,',.. . .......- --. . . .," " .. .. =-- ' StaIf"1ias;witiiessed.~'()Il.sever'ar~C:asions:.the,<~ovefi1oW":ef parking from Smithtown Road infronrof,'~"- Minnewasnta ElemeIltary Scho6FoIlto'StrawberryLaIle. Having discussed this issue with severaI:~' , l'esident.$ . along.::'Str~wberry.,..Lan~, it is 3ecommetuied . !hat tl1.~t. PQfl:i8R-8f~tJ:~vvQei1:y . La.ne fro~.._ Smithtown Road to the inter~~ction of Strawberry Court alsoubepost~d as part of this resolution. Attachment} is a map.i~~~~!~!~~~is ~ea. Undoubtedly, while -staff believes that this recommendation is necessary for safety of the area,' thiS. bound to create parking issues for the Minnewashta School. It is the City's understanding that th school is to open up the rear parking area, north of the school, during special events and as parking needs dictate. Currently, it does not appear that this is the practice. Staff will communicate with the representatives of the school to insure that they are aware of the no parking restriction that is to be posted, and the expectations the City has regarding overflow parking accommodations. It should be mentioned that this item would be performed under a change order to the Smithtown Road Project. . This change order will appear as a consent item on the next City Council agenda. Recommendation Staff is recommending approval of the resolution that establishes a No Parking restriction on Smithtown Road and a portion of Strawberry Lane. A resolution is attached for your consideration. n ~.1 PRINTED ON RECYCLED PAPER ATTACHMENT 1 . . CITY OF SHOREWOOD RESOLUTION NO. 03-101 A RESOLUTION PROmBITING PARKING ALONG SMITHTOWN ROAD AND PORTIONS OF STRAWBERRY LANE WHEREAS, the design of Smithtown Road, from Country Club Road to the Victoria , City boundary does not provide adequate pavement width for vehicles to safely park along Smithtown Road; and WHEREAS, vehicles parked along both sides of Strawberry Lane from the intersection ,9fSmithtown Road and Strawberry Lane to the intersection of Strawberry Lane and Strawberry Court make passage difficult for emergency vehicles, school buses and the general public. . . ., ~ - . '. NOW, THEREFqRE, BE ITRESOL VED by the City Council ofthe City'of". ., Shorewood that parking of vehicies is hereby prohibited on those portions 'of roadway described below: ~ -.... :-._~_....:..-- . "', ~ '.~".-. 1. On Smithtown Ro-adfromtheintel'section of Smlthtowrr:Road and Country Club , Road, west,Jo theVictori~ City~~~~~~~. '- '. .., _ ' . ~ .... . .... -..-.;... . '.. ""'.-- .,".... ..... - '- . 2. OnStrawbetTy:Lane froIlithe intersectionofSmithtowp,Road and Strawberry Lane, to the intersection of Strawberry Lane and Strawberry:Ci~;' ",'~ ,,' : . - . ,._," .ADOPTEDBY THE CITY COUNCIl., OF THE CIT~.O SHOREWOOD this 24th !lay4.NdviiliiliEt$:2003!n . ()j-. .. ... ... ..... -_..~ WOODY LOVE, ~ YOR ATTEST: , CITY ADMINISTRATOR CITY OF SHOREWOOD RESOLUTION NO. 04-_ A RESOLUTION APPROVING CHANGE ORDER 4 FOR THE SMITHTOWN ROAD RECONSTRUCTION PROJECT, AND REVISING AMOUNT OF THE FINAL CONTRACT. CITY PROJECT NO. 01-07, S.A.P. 216-101-03 WHEREAS, on 23 June, 2003, the City of Shorewood entered into a contract for construction with Midwest Asphalt Corporation for the Smithtown Road Reconstruction Project, City Project No. 01-07; and WHEREAS, the City of Shorewood directed Midwest Asphalt, Corporation to add to said contract, by way of a change order, for the furnishing and installation of "No Parking" signs along the length of Smithtown Road; and WHEREAS, on September27, 2004 the City of Shore wood approved final payment for said contract to Midwest Asphalt, Corporation for a total contract amount of $1,581,143.79; and . WHEREAS, CitySt~ahs~~~termined that !inalpayment for said contract did not include the c~ange ord_e~ nec~ssaryi()t:.th~instal1ation of the ''No Parking. Signs." NOW, THEREFORE BE IT RESOLVED by the City of Shorewood: 1. Tt) ~pproye,and authorize payment for Change Order Number 4 ~orthe SmithtoWnRoa.c(lteconsiiUctlonproject with Midwest Asphalt Corporation, an amount of exceed $2,912.00 for work ordered outside ofthe original . construction contract for the Smithtown Road Improvement Project. 2. l'he final Contract Amoul;1tishereby revised to $1,584,055.79 . ADOPTED by the City Council of the City of Shore wood this 13th day of December, 2004. Woody Love, Mayor Attest: Craig W. Dawson, City Administrator/Clerk , .A.. O.:vner: Ci of Shorewood WS B For Period: 5/20/2004 to 11/08/2004 Contractor: Date: November 8,2004 Re uest No: 8 and Revised Final PAY VOUCHER SMITHTOWN ROAD REHABILITATION AND APPURTENANT WORK CITY OF SHOREWOOD PROJECT NO. 01-07 WSB PROJECT NO. 1074-58 SUMMARY 1 Original Contract Amount $ 1,528,759.50 2 Change Order - Addition $ 78,963.75 3 Change Order - Deduction $ . .14,262.77 . 4 Revised Contract Amount $ 1,593,460.48 5 Value Completed to Date $ 1,584,055.79 6 Material on Hand $ 0.00 7 Amount Earned $ 1,584,055.79 8 Less Retainage 0% $ 0.00 9 Subtotal $ 1,584,055.79 10 Less Amount Paid Previously $ 1,581,143.79 11 AMOUNT DUE THISPAYVOUCHERNQ. ....-.SandRevised Final $ 2,912.00 . Recommended for Apprgva!:by:... w~~ roject Manager/Engineer Construction .Observer resident Approved by Owner: ??~d .;y 7~ ~ ---:::::, Specified Contract Completion Date: November 21,2003 Date: /2.. /1. (){- .".1'.;:.; 1015 F:\WPWIM1074a5S\c:<cet\1074.5B Pay Vouch., No. a and Relll:ltlC1 Finel.,u$ t CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128. www.cLshorewood.mn.us. cityhall@cLshorewood.mn.us MEMORANDUM TO: Mayor and City Council FROM: Brad Nielsen 9 December 2004 Permit - Barrington ,', ' 4D:; (Sign CapestoJ1e Builders has requested ,a sign perm.i!for an~ea!4en~fi~~~iQ~.sigJ.1fQ~th~., ,,' ", Barrington housing project currently under construction; .Asshown'oIfEXhiblt.A:; tlie.'" ";';~:$ignif;to be located in the northwest quadrantQftlie int~r~~,tio!lot.;tlj~.private~~)'j~anti.;...;.~.. Excelsior Boulevard. The proposed sign is shown onEx.liibitB....~ .' . The sign is consistent with Shorewood's zoning requirements relative to area identification signs. The project has more than 20 residential d'Yellingunits, the sign is no larger than 32 square feet in area, and it is less thaneightfeeta.bovegrade'il1heighf.c, With respect to the location of the sign, it must be loc,ated belrind the,30-foot sight triangle formed by the two streets It is recommended that the sign permit be granted as proposed. Cc: Tim Keane Joe pazandak Kevin WehnIl.ann ft ~~ PRINTEO ON RECYCLED PAPER '#-3.r '\ \ \\ \ \ \ \i\\\\\\\\\\\'I\ 1\1\11 "11\11111"', " I" \ \ \ \ \\\11\1'\1\1\\' \\\\11" 111\\\\\1'1\"\ , \ 1\\11 I 1'\111111\111", \\\\1111 \ 1\1\\\\\\\11'" \\1\1\11, '\lIII\lI'IH", \\1\\\1\ 1\ \1\\11 ,,'II \ \\1\1\1\\\\1'"\\1\11'11 , \\ \ 1\ \1\\\ \ \ \ \ '11\ \I III III \ 1,1 , \1\11 I '11\111 I I , \1\1\111111 H\\II,IIII, I 1\ \\1\1\\11 IIIH\lI' '1111 I I N \ \\,"111"1\1111\\11""1 I I I O \\1111111'\\\111\\\1\11111 I -:;:.- ,\ 1111111\11 1\\11\\,1 '111" ~ I Z \1I1111\\11\IJ::II\I\I\II\111 0 I" - 11\\11\ IU1\\\1I1111 III I -- Z 111'11\\\101\\111111'\111 , ,..... 111111 11'111111 II' 'I' \ "" 11111,\\\,\,\'1\1111111\"1 J 111111 1\ 1\\11 II' III .... ~< -n 11111"" 1111\\111 '11'11 ~ ;U '"111'1\\"'11\111\111111 I I 11111,\\\1\1,\11\11\111'\111' I " 11\1 I 11\\11 I' I' I ....... 11111'"111 11\11111,11,1 I II )> '1111\\\1\11\11\11\1','\1,,' I 1\ I111 I 111\\1 I " \11 I I 1",1111" 11\\111\' 1,1' 1\ 1111\\\1"\11\1111"\1"1 1\ 111'1"\1\111'1"11\111',',111 II ',~ 1'1111\'11111\ ' 111\\\1\11111\\11,1111\111'1 ,,-- I ' III I 11\\1 I I 11\ I ... 1\ I \\\ 1\'\ 11\ II 1111' \ 111\ 1\1 I 1111\11 III 1111 I 111\\\1\'1111\\\\111\1\1\ J III I 11\11 1111111 J '11\111"1,'111,111,1'11\ I r, 11111 'I 11\1\1 11111" J ' \ 11111\1111111\'\1111111\ ' I IIHh\\\II"'\I\I\\'"' I \ \\1111111\\\\\111\11\\\\ \ \ 111,1111\11,\11\,,1\11\11111 '-' I, \,,..r , ,'111\\11" 1111\ I ',- 1111111111111111111111\ I 11111"11 111'1111 I \ \ \'1\ III 1\'1\ III \ 1111 I / \ 11\11 II 'Ill' I I 11111"11 111'111\, \\\\,\11"11\11\11111 , I I I 11\111111111111 I" \ 1\"\"\ III \11'"1 \ '\ 1\' \\ ~ '\\\1 \\'~\ I IIIIIU1llllllcnl 1111\'11111\1"1,, U1 \ \\ \\\\\\\\\\\\\\\\\\\ ,/ I11111 I ,111'11111" II I 111"11\1111\1111\11\\1 \ \ \ \\\\\\\\ \ \ \ \ \ II \ \\ \ 1'111,\'1'111\ 11\ 1\" \ ,11111 111111I1 I , II 1'111,\111111,11"11'\ 1'111'111111'1' "" II \ \\\\1\\\1\\\11 JIlin, '11111\1\\ 11111' q II \ 1111\\ "1111111 I I 1,111\ 11111111\," \ 11,\ I \1 III, I ,III" I 111\111\111\\1\,11,1 I \\\\\\\\\\\\\\\\\\\\, / \\\\'\111'\\1\\\11111' I", 111\\ I" 1\1111111' 1,"1111111111111 I III' 11111111111\1'"' "II I 11\1\1\\\\\\\\\ \ \1 I 11\ r ,. ,. r -. ..... ,. - ., - 1\ GJ J I -,- \ " -1- \..1 I~ )> -< , \ \ \ '\ \ \ \ I 1\ ,....... \ -........... I _J , , " \ , , ~\ 1\ \ " " , " , CI ~ E z G) --- - .J ~..- ' II --..-;'. ;.' m" . 1\\ i-t ' 'W . !~:. I . _~ I'~ ~. ~ . ~ .' \ I ~)[] ;&, " t :1 -=3 , - ... -'- I 1.1 . { : t . :. .0. ~ . ,-'- "'2..' " ...-(,:. s' i i . .! .> o -", " ... .0 ....... ..". ..A . -- ..s, J :z [ ~I 01 .S.'....:..l ., '. d ~'l .' :i ~I .CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128. www.cLshorewood.mn.us' cityhall@cLshorewood.mn.us MEMORANDUM TO: City Council DATE: Craig W. Dawson, City Administrator CD December 9,2004 FROM: . SUBJECT: Presentation on Gideon Glen Project The deforestation of the Gideon Glen site started just before the Council's last meeting. The contrast in appearance was stark, and there was a great deal of interest to kno~what the site was intended to look like after the. grading and plant restoration were completed. Council requested a presentation be made at the December 13 meeting by the consultants on the proj ect..Both Kestrel Design Group, me. (peter McDonough), and Wenck and Associates (Dale Claridge)will be present at the Council meeting. I have suggested they plan to make a 10- to IS-minute presentation. The most recent plans are attached. . The City purchased the S.8-acre Gideon Glen parcel in 2000, with the Minnehaha Creek Watershed District contributing one-half of the purchase price.. The reimbursement agreement between the MCWD and the City stated expectations for the property to be used for water quality improvements, naturaJ preservation, and public education. The MCWD, with Wenck and Associates as its engineer, which in turn engaged Kestrel Design Group as its sub consultant, hastaken the lead in designing the water quality improvements. It has coordinated with the engineering consultant on the CR 19 intersection project, WSB and Associates, to integrate the design the County road stormwater pond, the wetland restoration, and the public education and access features of the Gideon Glen project. An excerpt from the Wetland Permit Application regarding the MCWD's work on the Gideon Glen property: ". .. The MCWD is proposing to restore and enhance a Type 7/2 degraded wetland and construct educational facilities including trails, overlooks, and informational sites on the Gideon Glen site ... The general concept and goal for the wetland restoration effort is to protect the existing black ash trees, which are the primary tree cover in a wet ash swamp, a rare wetland plant community type in the Twin Cities area, while restoring the ground layer with a diverse community of native grasses and forbs. n ttJ PRINTED ON RECYCLED PAPER #5A Gideon Glen Project - Planting Restoration December 13, 2004, City Council Meeting Page 2 " Trees, shrubs, bushes, and other native plants and grasses will also be planted in select areas around the adjacent stormwater pond which is currently being constructed by Hennepin County as part of the drainage improvements associated with the County Road 19/5mithtown Road Improvements. ... An old growth forest on the west side of the site consisting of maple and basswood trees will also be preserved as part of the conservation efforts planned for the site. ... The project will restore the existing 0.S9-acre wetland basin and create an additional 0.42 acres of new wetland area." Consultants and staffwill be prepared to answer Council's questions at the meeting or with subsequent written responses. . .-.--:: ~ .'7",. .'~ ,...-~.-:-- -~- ---~-; ~" .~. ::J,;#~ .~ .~. .~.. ~ . ~".- . . Gideon Glen Wetland Restoration Project Shorewood, Minnesota Project Description The Minnehaha Creek Watershed District (MCWD) is proposing to restore and enhance a degraded 0.59-acre Type 7/2 wetland and construct educational facilities including trails, overlooks, and informational signs on the Gideon Glen site as part of a cooperative project among the MCWD, City of Shore wood, and Hennepin County. The 5.8-acre Gideon Glen site was acquired by the City of Shorewood in 2000 and dedicated as Conservation Open Space, with partial funding ofthe land purchase provided by the MCWD. The general concept and goal for the wetland restoration effort is to protect the existing black ash trees, which are the primary tree cover in a wet ash swamp, a rare wetland plant community type in the Twin Cities area, while restoring the ground layer with a diverse community of native grasses and forbs. The existing black ash trees will be protected within the project area by the creation of tree protection zones surrounded by temporary fencing to keep machinery and excavation away from the trees and their sensitive roots. Approximately. 12 inches of topsoil material will be excavated and removed from the wetland basin (except in the tree protection zones ) to eli1ninate the.~eed bank of invasive, undesireable grasses, primarily reed canary grass that is widespread on the site. Invasive grasses within the tree protection zones will be tr~ated with herbici(le. and replanted with live shurbs,grasses, and forbs.They will become thickets of vegetation that will eventually spread throughout the wetla,nd. Trees, shrubs, bushes, and other native plants and grasses will also be plant~din select areas around the adj acent stormwater pond which is currently being constructed by Hennepin County as part of the drainage improvements assoGiated with the County Road 19/s'mithtown Road Improvements. The landscaping will improve the experience of visitors on the interpretive trail and overlooks and will help establish a native plant community around the pond. An old growth forest on the west side of the site consisting of maple and basswood trees willalso be preserved as part of the conservationeffortsplatlD.~d for the site. The project will restore the existing 0.59-acre wetland basin and create an additional 0.42 acres of new wetland area. In accordance with the wetland replacement plan approved by the MCWD on October 26, 2004, the new wetland area will serve as mitigation to offset impacts of a small 0.13-acre Type 2 wetland area located near the southeast comer of the Gideon Glen site. This wetland has recently been filled as part of the County's stormwater pond construction project which also involves installing storm sewer pipes and structures and rough grading of the nature trail and overlooks along the south side of the pond. The site preparation work including removal of the topsoil material from the wetland and improvements to the outlet channel are scheduled to done in January 2005. The wetland planting and restoration work, landscaping of upland areas, surfacing of the nature trail, and installing informational signs is scheduled to be done in the spring/summer of2005. T:\O 18S\4S23\PennitlinglProjeet Description.doc Dec.3-04 .,~~--~"- --=-0: ~~-- <~- ~ ':-~€.- ~S -::::_~J---_:- / 18",24" HAND.PLACED BOULDERS :s".6" COBBLESTONE Wn/OOT CLASS I (9" DEPTH) lAATCH EXISTING CRADE GEOTEXTILE f'IL TER F AeRIC 7'WAX. Un/DOT TYPE m TYPICAL COBBLESTONE CHANNEL DETAIL NOT TO SCJoI.E CD f.':'.J I i I ",. i" '; i /" 'I ~;i:I!'~,b Oi ...\GIDEON GLEN\GIDEON02new1.dgn 11/30/200411 :16:54 AM ~ ~ SCALE IN FEET . 100 o 6' r -, L..:....... ,;';':'.:'('. .~\.,:.\.~ /" .' ~6" tO~;t ~RUSHED LIMESTONE IAn/DOT CLASS U NOTE: TO BE ROUGH GRADED BY OTHERS. USE' F'OR SITE ACCESS' AND TEMPORARY HAUl. ROAD. TYPICAL INTERPRETIVE TRAIL DETAIL NOT TO SCH.E CD ~ 9 ~ I!' .. ! i I ~ J>. .. 1II ~ I E J ~ ~ I ~ a. ~ i l: ~ .. ~ i l- e.,) il2 ... '1Il 0 <( (:) ZI- loJ 00 3i j::1Il z<~ 0:: wll::~ w i3le:e :t VI. J: zllJO ~ 011::0 lIJO~ , ;1;&.1 I .'&:1 ~i~' - ! e.,) ""0 <( 1-:1: ;;:;i ;.~ ~1Il ~ ~ ::I U J , ~!~ X" ~~ UiF ...1 -.. 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""".......".....,~~" ISheet:Ii~Je _ _ -:::- iSheet Content _ - IPage Nl;Imb~!.. {- '_ _. __ __ .. __ _._ _ ___ -;; _ ___ ~ ___ - -- . - -. - - r- -, uantities _ ! Herbaceous Seeds and Plants . 1, 10 .- ..1 !Quantities ~.Shrubs and Trees ! 12 i. ~,?""",.""",,,,",,,",-,,...,,,,:~.,..,,,,.w,...,.,-,,,_,,.,...,,,,....,..,, ,............._.... ...,^ .........." _~,.,..,..,.,,,..~,,~..._,,5,.,..,,...,,!.........."'.....,""'.,........,,..,.,... _'.......,.",....'..'....""..."....'_.."'"_.,,',_...."""4,.....~.">=,,..,,~........_ ..."""'" ~".~~~,.,...",.",..."<- ,,~, "'~',"..,...". .........,...."..._-~-""'~..',.'":~._. ...,.,'~.,........,'- ,'.,~'''".,'.',.,. _.w." ~:','.'....".-.. -'.~ """": ,"""'~'~' -'-"....:."...~,..l. ,""~....V<'".""~,....._' A..,,.,'..... .,,.,,,..,~:.,,,:',.."" ,--.', '.,.~...,~~"......._"~i @ COPYRIGHT 2004, THE KESTREL DESIGN GROUP, INC. Contact Information .......:Ptgjectgngine.er;"'... ,'"c.';C.c. W~nckAssociates, h12',r"- , i 806 Pioneer Creek Center Maple Plain, MN 55349 Phone: 763-479-4200 Fax: 763-479-4242 Proj ect Landscape Architect: The Kestrel Design Group, Inc. 5136 Hankerson Avenue, Suite 1 Edina, MN 55346 Phone: 952-928-9600 Fax: 952-928-1939 ~ .. ~ N .g,;s d ~ ... ~-l ~ '0 ,. >.N ~ ... ~.Q:; 'e- el i iBII.t:l- "#. gijO~ .c: l!.c: 'OJ o! 0 en ouo:>t! 0\ .. It .. 8~ .... ~~~ Uh 1'" C~fi ] ~li en~ .... ~D. B -l ~ .II! .... (.) d .. 0 ~ rJJ OJ rJJ .~< ]1 ~~ I) .= Q ~~ !lIl1_ Ir,DE$lG. .N:., ~:~-"".-. '~~ ~&' .~ ill~"; ".::~ ~ ~. ~1<oJ'" ',:0 ~ .. l~t!i:jl ~ . ~!li~' .*_3~_ .. g,~ ~ tl~ ~ l::l ';: 0.. -a ~ ~ t:t ti6b~cq l'" <~ ~.~ l!.~ ~...,~ j~ ~~ Q ~ ..:.l ~~ 'f~ ~ 11 .0' ~ i a ~E-< ~~ z o 0-004 ~~ ~~ ~ ~ 'F-< -<- el u:l ~Z ~ ~< r:I} a ~ et: ~ u:l -...;: r.IJ > \D ~ 8 01 ~ , co N - 01 B N '3 .,.. VI 01 , ~ ~ ~ <\Qo J=~~ .,..~- ~~ \Q~~ ~:a.c ....~t:l- t) '.6 .~ o ] ~ ~ ~ 1j e u ~~ II.,.Q l,~ i:l.~ @ COPYRIGHT 2004, THE KESTREL DESIGN GROUP, INC. NSTRUCTION WETLAND RESTORATION SITE PREPERATION LEGEND ~~~=,=O:;::G e EXISTING TREES WITHIN WETLAND BASIN - TO BE PJ~OTECTED WITH FENCING. DO NOT DISTURB, COMPACT. OR REMOVE DURING EXCAVATION ...-.........~...'.........................'.,- EX.IS. TING.T.R.EE..S. WITH....IN. TH~W.....E....TLAN.... DTOBEM....O...VED ;-. '..OURING EXCAVATION OF WETLAND BASIN OR . .. ..,. .... . DEMOLISHED - AT CONTRACTOR'S OlSGRETION NOTES 1. CONTRACTOR SHALL INSTALL ORANGE TREE PROTECTION FENCING BEFORE ANY EXCAVATION OF WETLAND BASIN IS TO BEGIN; AND MUST .;' 'NAVE APPROVAL FRO~(PROJECT LANDSCAPE ARCHITECT. 2;EXCAVATION OF MINIMUM 12" OF TOPSOIL WlTHINWETLAND BASIN IS TO MOVE IN A WEST TO EAST DIRECTION TO AVOID COMPACTING SOILS AS MUCH AS POSSIBLE. TRACKED VEHICLES ONLY ARE ALLOWED IN BASIN AFTER EXCAVATION. NO TRUCKS ALLOWED IN WETLAND BASIN. 3. CONTRACTOR IS NOT TO DISTURB. COMPACT SOIL AROUND ROOTS, OR IN ANY WAY HARM THE EXISTING TREES WITHIN TREE PROTECTION FENCING, AS SHOWN ON PLANS. 4. HERBACEOUS VEGETATION WITHIN TREE PROTECTION FENCING TO BE HERBICDED 3 TIMES BETWEEN APRIL 15 AND JUNE 1, 2005. ALL INVASIVE WOODY VEGETATION, AS PER SPECIFICATIONS SECTION 02941, TO BE TREATED AND REMOVED BEFORE JUNE 1. 2005. :2i .. . =-: "'" c:i ..... 'o;Z; cIi-lo... .. >.N ~ li'~~E ~1Ys(~ ~aA~~ ~ ~ ~ .... o ~ ~ .~< i."5" $~ S D":Sl(nc.. ~~;~o: 01.,.... '. .....~ 1,,-,1: .... t. M.......iJ. ".' "'\~O ~.' .'" ~ .W . J'~aI ).4' . Xir;,~ II ~'3HX",,'l 'd.~ ..Et"t1 \lll *".. ..c::l....s p. ..1; ~ s.!:j .S o ~.r ~ ~ ~~ ._ ....,c .l:I CIl !>> \lll ~ 0 .a'S ,"l\~...'le ~] 1~ ~ r.b ~~ ~~ ~~ 1] 1~ ~~ ~~ 6 ~~~ -40~ \Dt;3 <~~ 8~~ ~~~ ~ ~ o ~ o 0\ N ..... .... 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X )( f/; .."r 1S." ~ 'I..J< ^ '/x )to IK ./Xx )( IJ.x )( )( (IX X:X x x x .J. ><.J<0x :x ~ x x 0><rx ~0.x~ ::;r I A~' ~ ~ ~"'" "J,,, "'0 ~ - -- ~~ '\."""'~~ ~~~~~~ G:~W ~ ~ to h ,i ?>-$;~ / 6 ~xx~ ", ~ ~~~ x .;< x ~() x x :" )( X XI :x )( ~ x ; " 7'i~ .)<X x I" ~\,:~ ~ \ x)( x "l~ x '-:N '\ \ \ ~ X ~ \ \ IX ~ \X x~, N x x )(' \'1 X \ ~ ~ ~,~ X N rs<: x )(~ X:>J:X V>> )( W x~ x~ K - . f\ ~~ ..r- .:~ ::;.", .- \ ::.. , t-- "\ --- ~~ ) \ I- W W L... 0 ~ \. 0 ...... ~ ~ I x x x I -b "7 ,..-----r - x '/ cj 25 o lf1 p.."' ;:J ~ o 6 ~ 00 J::a o ....J ~ ~ r/) t;J ~ f-l ~ o o C"l f-l ::I: Cl ~ p.. / 8 @ ~~I rJ ~ U (1)0 x o RCO ~ 950. 3 x 949, 8 (7) CORNUS SERICEA REDOSIER DOGWOOD, # 6'O.C, (6) VIBURNUM TRILOB 10 6'O.C, 9 @ COPYRIGHT 2004, THE KESTREL DESIGN GROUP, INC. UCTION WETLAND RESTORATION PLANTING PLAN LEGEND TREE PROTECTION ZONES (TPZ) PLANTED WITH SHRUBS AND HERBACEOUS PLUGS NOTES 1. LIVE STAKE PLANTINGS TO OCCUR DURING DORMANT PERIOD AS PER SPECIFICATION SECTION 02942. PLANTING SCHEDULE SEE QUANTITIES SHEET 11 FOR SPECIES AND PLACEMENT. lPZ PALNllNG QUANllllES ; j .:~~'::.--=':~:.~'_-:"I==.~'~~--,~:'_-=",~':~~::.L,'.=.~:::~:j.::::~."::,:_~.:~:~::J.:,::~:::::'='.":=. [AREA loA. !SHRUBS lFORBS lPZ 1 . 1937 '. . !25%!62. ..... J234 F?i=~.-:]~.~~.....~.:::_:~~.:-=':]~~:::::.':=:' .:~~::.:::'.-_'~::]:~~:."::::'~:=, lPZ3 j1315 j35% 187 '329 --,"...... .........---r.:'-,._'_......._..._^'--"--'-,.~-,._.-. .........--..,..--,.-.,......--.---1-----.-..........- lPZ4 1725 119% (48 .. :181 ~~I::..:.::If5.~:'.:-..-.._..,--:.:=::l~r;::::.~l!Q:..:~:'::"==:r~~=-:-:-"::-:" lPZ6 1318 18% ;21 i80 TOTAL: i 3800 :100% 1250 1950 ~ .. f-l ..... . =':80 lJ:.c ..... ;;;.J ~ ~ 'Cl .. >.N ~ ~ ~~ ~ 'e' Q ] ~'B~g., t:. ~oj('~ e..<.1Oie~ 0 rn QUO 0'1 N :; .. ~~ ~l~ U~ii ell ] ~li rn'" ia. ~ -I. ..... it t) 8 ~ 'i< ~~ II .= Q) J!~ ""',....... ar.DES1G, N:.. ~r--"~a: =r&~..l . ':~;Q <.~. - '._" _. 1 ~.'.':".I.~.;'.':..:"?9 51! ...... l!4.. 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'II) E!.l:I.sliiil.clQ)l~l:rljG)rc\""I~'El;!> Iu :1 lll~! 1~[E !~i:P~!.~ !-e'al~ 1i;li!;1:21 :15H~I~t~i.!!l!=L~ ~ 0! !oole(! 1(!)i8 r~l~I>I(!) !~'Ol~ ~lo:::~!~!~lmlol>lm!~i~!m u ~ P-c~ ~ 2 o 6 - 00 J:a o ~ ~ tI) ~ J:a =c: ~ o:i' o o N ~ =c: o ~ ~ P-c o U @ TREE PROTECTION ZONE PLANTINGS . i I BARE ROOT SHRUBS AND TREES SPECIES LIST Bare root, spacing approx. 51 O.C. randomly throughout TPZ's ~~~~~~~~~==~==E--=I~== Common Name IGenus !Species 10/0 !Quantity -----.~_.,--"'-.~-'~~".--"--""".-.~-t'-~"-.~""--',-..--""1----~-..-.-"-'-..~-'"-""-"-'--T-"---'-"-"~-'''t::;;-,.,----~-.----... ~~~::~~:Od___r~~ts~~~~s:a----.~ ---~---- Wa~~~-=_~:~~eC-~~_-= -,~"-",-_..._-+----~.,=,---,-~.t,~--_.~~"~--,,,,,~,_..,,._'''-t.=_,~___~,,~___-+_~.~.~,,~.w,._"..,__ Highbush cranberry IViburnum ltrilobum 125% 163 ""~-'-'-"'~"'~------'--T--'-'-'-"IS-U.BTOTAi--~-~-r1000/;---"'!'"T25(f'..''-'--'''-''''' I ' , I I - LIVE HERBACEOUS PLUGS SPECIES LIST I i 12"spacing,plant in groupings of3 -5 individuals ' I --'----.-.-.."'-~'-".,~-'..-'-:.~r-----.-.-.,-~"'----"'-[' -~..-.~"--.--'"'...,-_.".-~-_.~--t,-,..~m"-,-.'."---N,~.'T'""'--~'-~--"~"'-'" Area -,3,800 s.f. " ~--""-'='''~''''"'--'-'''-=-'"'--.r--''-o~'''--'.'''''''=''~-''~_.'~'-"--'''~''''--'"'~'''-'"=''r-.--."-"._-",,,,_.,-t;:_._~-.".,~---_.,~ ~.~~_m ~,~_~~m~!."..,,~,,~__,J, G~.!l u~~~'~"'~~P.!~~~_~'"W_""__,",~",_,,,_",J.~_~___.,,",,,_.,,l,~~~~r:!.~!!Y~"., Canada blue joint ICalamagroSlcanadensis 1100/0 195- ..Fox.sedge-....---.,~.,,-"-~--'-rCarex._."---..lw Ipinoides-'~-'~'--'~"""i100k"'-"-"-l9ff"-"-'-"-'-"'" ........__.'-_.._>>"...,-,..""-,-._'..."~_..._.,""..,,..,"_.~,_,..,.__...__",.,.._.."..,_"~"."L_~,,,_~.._._~~._,.._'-"_..."."..."..,_.,.,.,,-!-_...,,_...."'.._,.,,-~.J,...'_.._.."".."".'''......_,... ..,,,'. Tussock sedge iCarex Istricta 1200/0 1190 =--~~~=~-=---=t ~=r=== Jack-in-the-pulpit IArisaema !canadensis i80/0 176 _._._~_."'.~.._~-"'-_.,-"-"'._~!._.._.._"'-'"-~,.~..--.r..-~_..._--_..._.."~.,._..._,,.._."'_.~'!-'<-~'~~--""_.,..~-~~-,_.",..".>_._..,~- Red stem aster lAster ~puniceus 130/0 ~29 ___""_.___,~.~._"_,_."~"~.,_<"".~_-M"I_~_._~_~.._~_.,,~~,,-,~~--_.~-"'-~....",-~"",4....-"-,.,.~_.~._..t--_..,'"._,<._._^.~. Flat-topped aster lAster lumbellatus 130/0 ~29 -,~"-~~.__.._-_......_-"'>'~,,-~,....._._.t~--_..~_...~~+-"-"".""-_.._--"..._""~."'-"..""."_.'''''-''--t-._'''''..._,,..,..._'."...._...L"_.._.."",.,."."",,,,,....,,,,,,,... Marsh marigold lCaltha !palustris 140/0 ,," '" 138 ,,,,,,.,,,,-,---,~----,,,,,----"'.,..,_..._.-._,-4-.:----_..._,,,,_.,,.-.,t'......-....-.__"._....___......_.,_. ..'..'-..',.'-"......--,--.......,--.,.'!-'__..."._...'_.".,'_.._ Boneset I Eupatorium jperfoliatum 18% 176 --_..__..".,_.",-,._,-_.._~._.""".._,._."....~_..~.~.,---""--'-,i-.--.-.-"'----"~-,.-.._--"."--'''..,-.'''''''.''l..-"-"".'-"-,...,,,.~.;.,,.---,,-_.."","-,,_._,,-,,- Sweet Joe-Pye weed ! Eupatorium I purpureum 180/0 176 ,-,=-"-,.,-~"~,-_.,~..-~,---,,,.--.,,-..--1-~""".,-,"--_.,..-,~,..t---w_.".__.""~"'-'-'-".~'~~!-._~._...,,-._~"''t--'~'-,,-~..~-~.~-. White snake root iEupatorium lrugosum " :30/0 129 ,.--~=~=-_.-~~,.~"~"-.-_.,""~,,,..-t,,...._---,~._,~-_...-.~."-~--'=_....,,""~--.=-",.'--"~,.r-'..'-~---""~._=":;--...."~,.,,,,,,,,,~~-""~.. Cranes bill 1 Geranium lmaculatum !40/0 !38 .,'"',-.,.._"....'"",.,...",-,_.'."-"",-,",.",,,,,...'''.'',.,-.''''''"''.''''''''~Y''~''.'''''-''-'.''''-'''".'''''-''''"''''J'.'-'.'''-~--'~.."=.",-"-,,,,,- ..,._.""",."...",."",,,~,,.t.,,-,,,,.,,, ,,-,-,...,,.,,,.,,,,~.'''.'''1~'~''''''''''''''''-''-'''''-'''-'''' Sneezeweed lHelenium !autumnale 140/0 138 '"_~'_'~"~~"""'_~~'_"'~"''''''''''''"''O~'"''~'''""'..<+''~'_'_'"'_~"'"'>'_"~"'''''''''~'"",=''~_'''~M_''''~,_''"~,,,,w~,~,o,,,,,,,"",,,,,,,,o"""r--"-"~-""'~~'''-',f.-,_._......~._,_.~-,.,,, Blue flag i Iris jversicolor ,100/0 195 ,..".........._w"'.'..._,,,.'_',__,_......-.,,,,"."',' "..,.,'''''"'..''''''.'"'''','','_,,,.,''',..~,,.._~''..,,...'''"''',....-,.._".,<"_.",_._,.w_~-,.__,,,_,,,,,,...,,,,,,_,,,..,,,,,,...,_,,__.J,. ,_,,,._..,.,,,,,,,...,._..,,,,,,,,,,,~_,,",,'_"", ,."",,,"".."'....,'.'''..' Blue vervain I Verbena ihastata 150/0 148 ..':....,.....~,'" .'^~'''' ,.'N. ......~. .-'-' ........,..,. ,...,.......... ......-,~~ ,_....... :""......... ~..,.,.....,~'....,-.-,.......... ":....,.L,.,..........~.o;o.,.",..,..!"" .."',.......,......,....."''',..."..... . ...... ,/:.....".,.....,...,'"'-"'..:..."....",.""""""'. ,. _-.,.._ ,,,,.,,. .....,......J.~...."", ~'.;r"......."".Fn...;~~.....-,.,....., ".,,, ..~ ,'.....,.,....,. '" ....,~"..........~,,~...}.>."'""~~.>:,. .__.,.-"......._.",...,.~^......."....,._".~. ! \"SUBTOTAL !100% 1950 , " . @ COPYRIGHT 2004, THE KESTREL DESIGN GROUP, INC. ~ ~ N ...;~~~ - .... r:Ii..:l 0 ..;,; ~ - A'.D = "S' 0 - ~'i~~ j ilue~ ~ 0 l;f.I ~ "OJ M 0 OA ~ 0'1 .. :; . ~U Uh c:!~ l;f.I ~ii (!) ~ "". .... ji. Co) 0 ~:f l;f.I tf.l jJ ~< c'"d f .- a S II l~ ~~ 1lllI,...... aI' I>F.S1G N.:" .,'~-,. :',.5:::,e:a: /oJl.~."~.,",, QII ,." . ~~~ ~,.; ~fr:":' ~ (II' ,~~ ~.. 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I ! ~ i W I:! ,'" ~ I c', 0 I I j! ! (3 -! ! E! ! Q) j 0 ! ~ >-l! J w ~I I'~I >-lil~! I ~l! i Q....r! ! t: !~ i 0 j 1..0 I >., ' tI) 01 11:1Q)10:-1 l,-\t:: I i . l-,='~ 'Q)'Q)1 i m el OE!~! o!~! 1:Q1-e.1' j :) !0!~1"""!-1Q),,., I ~ ~ I E 10~ I g i &1 ~ 1-0 IE! ::r: cal olQ)'-iCOiCOIQ)jCO! ! tI) m! 0 U) 1m ,000!I 10::: jZ, ! . cj ~ 8 ~ o 6 ..... lZl ~ Cl ~ ~ f-! lZl ~ t:r:l ~ ~ o o C'I f-! ::r: ~ ~ ~ o u @ communi1yrec. resources Date: 12/8/04 To: Larry Brown, HOllOrable Mayor,and City Council CC: Administrator Dawson From: Kristi Anderson and Sally Keefe RE: Proposed Revised Park Priority Policy . As Council is aware, Community Rec. Resources has recommended on several occasions that additional verbiage should be placed in the Park Priority Policy to strengthen the document in effort to clarify process and expectations for all park users. To that end, CRR Staffhas worked to prepare a revised Park Priority Policy document for Commission and Council review and consideration. . At its November meeting, the Park Commission unanimously recommended approval of the proposed revised Park Priority Policy. CRR Staff worked through the document with the Commission at that meeting and has included suggested changes for your consideration. Please note the underlined text includes information added to help the document flow better, and the italics text indicates a change to process or function within the document or document collection process. Engineer Brown and a member ofCRR Staff will be present at the December 13,2004, Council meeting should you have any questions. Also, please do not hesitate to contact CRR Staff, Sally Keefe, at 952.471.1109 prior to that meeting with any questions you may have. As always, we at Community Rec. Resources appreciate your support in striving to maximize park usage for all users. Community Rec. Resources Kristi Anderson and Sally Keefe ~1JA . City of Shorewood Park Priority Policies The City of Shorewood is very proud of its parks system and works enthusiastically to maintain and enhance park facilities. To that end. the City utilizes a number of policies to help guide implementation of park goals. directives. and ordinances regulating park usage for all residents. The intent of this policy is to grant all users the opportunity to utilize facilities within a managed and predictable manner. thereby allowing all residents an oVtimum park usage experience. 1. DEFINITIONS The Park Priority Policies utilize a number of definitions for clarity to allow obiective use by all park users. Following is a list of definitions found throughout the Park Priority Policies. Designated Representative: Each organization or group requesting priority field or facility use shall designate and file with the Park Coordinator the name, address, and contact information ofthe individual who shall serve as the sole contact for the City of Shorewood. This individual shall serve as the liaison for all matters between the City of Shorewood and the sports organization or group requesting field use. . Facility Use Equation: An equation which assists the Park Coordinator in allocating facility use for organized sporting events. This equation (described further in this document) sets forth the maximum allocation of facility time available to each organization for all athletic events. Organized Park Users: Any group desiring dedicated field time and/or space within the Shorewood parks system for an activity with ongoing use throughout the sporting season. Groups fitting this definition would be required to submit the required user packet, attached to the back of these policies, including certificate of insurance, rosters and full payment of all user fees, in accordance with the Maximum Field Use Equation outlined in this policy. Any group wishing to secure dedicated field time/space for a single use, such as a tournament, would also submit the appropriate application for that activity along with the user packet, and would also be governed by . the city permit regulations applicable for that request. Preseason Coordination Meeting: A meeting, hosted by the City of Shorewood, prior to the anticipated seasons of activities between the City Staff, City of Shorewood Park Coordinator, and, sports organizations, nonprofit groups and non-organized groups who are requesting dedicated use of facilities. The purpose ofthis meeting is to outline polices and regulations for requests and scheduled use of the facilities, and to address questions, concerns, or issues associated with field use or schedules. All organizations or groups requesting dedicated facility usage shall have a representative at the preseason Coordination meeting. Failure to attend this meeting shall result in loss of dedicated field time for the season. It is anticipated that Preseason Coordination meetings will be conducted as follows: . Spring and Summer Events: March preceding the spring sporting season. . Fall and Winter Events: July preceding the fall sporting season. . Other preseason coordination meetings may be conducted, should event schedules dictate. . . Sports Organization: An Organization registered with the City of Shorewood Park Coordinator and has successfully filed with the City of Shorewood a copy of the bylaws with which they are governed, appropriate certificates of insurance, fees, and team rosters, prior to any field use. Tournament Permit: Permit required for all activities involving a succession of activities falling within a defined period outside of the normal game or practice times allocated for the organization. This permit must be approved by the Park Coordinator or City Staff at least 60 days prior to tournament date. 2. CATEGORIZATION OF FACILITIES The City of Shorewood owns and operates athletic, non-athletic, and passive use type facilities. To assist with the administration of these facilities, each one has been placed in a category shown below. Category 1 Facilities: Athletic Facilities Little League ball diamonds Babe Ruth ball diamonds Softball diamonds Soccer fields Football fields Hockey rinks Free skating rinks Tennis courts Volleyball courts Skate park facilities Category 2 Facilities: Non Athletic Facilities Park Shelters and Multi-Use Buildings Playgrounds City of Shorewood Parking Lots Category 3 Facilities: Passive Use Open Park Space for events 3. AVAILABILITY OF FACILITIES Available From A ril 1 A ril 1 A rill A ril 1 Au ust 1 December 20 December 20 Year Round Year Round Ma 1 Year Round May 1 Ma 1 Year Round Facili Descri Softball Fields Babe Ruth Field Little Lea e Fields Soccer Fields Football Fields Hockey Rinks Free Skatin Rinks en S aces PIa ounds Skate Parks Park Shelters Volle ball Courts Tennis Courts Parkin Lots To October 20 October 20 October 20 October 20 October 31 Febru 15 Febru 15 Year Round Year Round October 31 Year Round October 31 October 31 Year Round . 4. PRIORITIZATION OF FACILITY USE REQUESTS As stated, the intent ofthisp6licy is to grant all users the opportunity to utilize facilities within a managed and predictable manner. Facility allocations shall be evaluated first by the type of request (or need) received, in accordance to the "Category of Facility" outlined previously within this document, and then by the prioritization schedule listed below. Prioritization for Category 1 Facilities . Note: Throughout the priority s-chedule, organized user activities shall take precedence over scheduled tournament activities. . Priority 1: . Priority 2: . Priority 3: Field resting time. . Organized users' activities within the predetermined time allocations. All other organizational requests, such as church picnics, family reunions, School District 276 Groups or Programs (examples curriculum programs, interscholastic team practices, etc.), and other athletic tournaments, shall be considered on a first come first serve basis. Prioritization for Category 2 and 3 Facilities: . Priority 1: . Priority 2: . Priority 3: Resident request on first come first served basis. Organized activity previously registered with the City of Shorewood Park Coordinator. Non-resident request on a first come first serve basis. 5. MAXIMUM FACILITY USE EQUATION The intent of this equation is to provide allocations of time for Category 1 facilities in a uniform and nondiscriminatory manner. Therefore, the City of Shorewood has compiled an equation to determine the maximum time that is to be allocated to any organization for initial facility assignments for seasonal use. The maximum number of initial Facility Time Periods (MTPs) available to any team is based upon the following equation. Variables: P = Average Number Kids Per Team in Organization T = Total Pop. Vying for Field Use TS = Time Slots Equation: . MTP = ID.{TS per Wk)(#ofTeams in Org) T While using the Maximum Facility Use Equation as a starting point, the Park Coordinator has the authority to increase the MTP for anyone organization, providing that a separate organization has indicated that an equivalent amount of their allocated time is not going to be utilized. This equation is based upon the following assumptions: . All turf areas are to be "rested" the equivalent of one day per week. . Facility Time Periods are based upon 1.5-hour time periods. . 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So "t:l ~ ~ ;::::' ""l ..... ..... ~ 0 0_:'10 "'t 0\ ;:::: -'-'::t:l o t-..J 0 ""l ":::b ~ "'t 0 (l) .J<. _ l::: ---.;:s.. l:l..~(l);:::: ~ ~ t-..J ~ ~ '-<:::::>(l) O'Q t-..J <:::::> t:L (l) ~ ~ to,,- .......'~ ~~~;:::: ~"'t<:::::>l:.\., ;:::: ";:t-. v, ~ ~ ... y,- ~ s.~ S. ;::::' (l) 0 (l) f:l,."'t~!::l.. """'. ~.. """'. ~ OQ ci o 0 ~ ~ g. ~ ~ ;:::: ..... c", c' ~ 0 ;:::: c", r-. "'t "t:l ~~ (l) "- ~ ~ ;;t:: ~ to" ~ .....(l)_ S. 0 - OQ ~ ~is" o n ~ - n ~ g ~ ;:::: ~ is" is" ~ ~ :::t. l::: S. ~ ::. (l) ;::::~ ~ (l) ::tI ~ a(l)~ (l) ~ l:.\., ~ !'J '- s.~~ (l) 0 (l) Dan ~~~ c",~ "t:l6"~ ~ (l) r_ "'t c", ~ eriS"o o ~ ~ ~ &:;. ~ ;:::: ;:s.. 0 C)"'~O (l) ;:::: l:.\., ~o ~ o C)'" ~ :::::.~. 0' ;:::: 0 0 ~ :::t. ~ a~~ ~ ;:::: ~ ..... 0 - .....;::::- ..... I "t:l c", !::l.. (l) ~ &:;. ~ ~. 0 0 o ~. ;:::: ~ ~ c", ;:::: s.~. _~(l) 6".~ ~ ~ "<: -. ~~a is''~ ~ ~ s. s.(l)~ (l) "'t :::::. _ S. N' &:;. ~ S. &S.;:s..OQ ~ (=;'''g ""l ;:s.. "'t o ~ ?:;-o n :::: c", (l)"t:l"ti ~~~ "'t "'t (l) (\) :::t. ~ c", ~ ;:::: go.... ~ -;::::~ o ~ ""l :t ci ":::b r." ~ a~ l::: S. ~ ~~ s. . OQ g ;:::: is' n - S. (l) (") ~ ~ ~ o ci ~ o o l:.\., ~ ~ ~ ~ C::l f":l ~ t'.l ~ ., ~ ~ :: ~ ::t- :::. Cicl ~ ~ ~ (l) ~ ., ~ f":l :::0- ~ C::l ::: CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236 FAX (952) 474-0128 . www.cLshorewood,mn.uS . cityhall@cLshorewood.mn.us MEMORANDUM TO: Planning Commission, Mayor and City Council . FROM: Brad Nielsen DATE: 2 December 2004 RE: Lecy Bros. Construction - Minor Subdivision FILE NO.: 405 (04.37) BACKGROUND . Lecy Bros. Construction has purchased the property located at 5830 Minnetonka Drive (see Site Location map - Exhibit A, attached), They propose to remove the existing house on the property and subdivide the lot into two building sites as shown on Exhibit B. The property is zoned R-1C, Single-Family Residential and contains 42,409 square feet in area. The proposed lots will be 22,249 square feet and 20,160 square feet in area. ANAL YSISIRECOMMENDATION Both ofthe proposed lots comply with the requirements ofthe R-1 C zoning district. The building pads illustrated on Exhibit C also comply with setback requirements. According to the applicants' survey, one sanitary sewer service is available to the existing lot. This service will be extended via an easement to the northerly of the two lots (parcel A). A new service will then be installed into an existing manhole in front of the property. With that, it is recommended that the minor division be approved subject to the following: n ~J PRINTED ON RECYCLED PAPER #2.A. . . Memorandum Re: Lecy Bros. Construction - Minor Subdivision 2 December 2004 1. The applicants must provide legal descriptions and deeds for drainage and utility . easements, 10 feet around each lot. 2. The applicants must provide an up-to-date (within 30 days) title opinion for review by the City Attorney. 3. Priorto release of the resolution approving the request, the applicants must pay one park dedication fee ($1500) and one local sanitary sewer access charge ($1200). 4. Since the division itself does not result in the removal of any trees from the property, tree preservation and reforestation can be addressed at the time building 'permits are applied for. Cc: Craig Dawson Larry Brown Tim Keane Roy Lecy -2- -~~, RIVIERA LA Exhibi t A SITE LOCATION . . Lecy - Mmor SubdIVISIOn 5 , ~ \\t,,f' I"''''~\ ,'-<U\ \(, \ \"'~V ~\ /' --- --- /' <~- :--:~'-'-'- ~& - ><'''. · ';; -l'-~ ~ ,1' ......"......... .. -- -..! ,0/1:- ~ ......., \ " ~...~ .........~ (:--c;.--~"....,. ('o'go Q ~ -h', -- . ~ \ .(tr./jJr) ,_ __ ",... '- '- ,,' ---- \ ,. .{ ~J"01r;:--~_ _ .- '" \ ........ ;\'~ - - ,1' · '{-> ... ..1 .... ...... ./) ~ h':: _ ______~ .c..' '" \ '. . ..... " _ _ ;?- 8'- ~... 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'\ ",' _ _ 1 --1 I ~ .....-.... ____ ____ / / ; I - ~.,-" ____ / I -' " - -'I .f'T~ ____ ____ ,,, - j-" :'., ~ - I ~ [$ '8 ~G ---- I 10 - I - 7:' ......... I fI ~ ----."... I -- T' .. ll.; /7.'6 "- 0 /( d: 1// \ L ~ ~ I "..-j _ y-_ - .... I 10 ~ .... 4 I . p 1- i .--:: !!?.... 29~O - ')Of0' .<::;!!?.... 10~ -r :"'--'cll' . '. ~.... atP,d ~Vl .... LOc \ - - -::........ Field ,,, - - 67 ;"'''.. ".1 -\ ---: - --- \..oke '" '? --. -- -.. - 'or'! 04 <6 - '\ . 10 h 0;:::--"" f~' 29~ 9~ \ . ~- \..if'" ~ II 9~ ----. "" re otlO J{E ....-..-. "". bo7 SilO (Ie" ,.1- --<---;;;--:;;.f - ."d }f.fJ?1 1J\ ----.......... ------ ------ r \J \\ ". \,,,. \, ~ ~~ ~.< ~---- . --- g70 6 LoT . v o ",' .-<\0' .. \ \ \ rD' ~v -- " "- " 956' o T L \\ ", " .~. 29+/_ ,//"" --:i.=_-:::: :;:: :-- __ -..--~......~.....~954 - / ExhibitoBSED DIVISION PROP /~. /C-u- _. \ -- .' . . CITY OF SHOREWOOD RESOLUTION NO. A RESOLUTION APPROVING SUBDIVISION OF REAL PROPERTY FOR LECY BROS. HOMES WHEREAS, Lecy Bros. Homes (Applicant) has an interest in certain real property in the City of Shorewood, legally described as: "Lot 8, Block 2, Minnetonka Hills 2nd Addition, Hennepin County"; and WHEREAS, the Applicant has applied to the City for a subdivision of said real property into two parcels legally described in Exhibit A and illustrated in Exhibit B, both attached hereto and made a part hereof; and WHEREAS, the Applicant has agreed to grant to the City drainage and utility easements legally described in Exhibits C and D, attached hereto and made a part hereof; and WHEREAS, the subdivision requested by the Applicants complies in all respects with the Shorewood Zoning Code. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. The real property legally described herein be divided into two parcels, legally described in Exhibit A. 2. The City Clerk will furnish the Applicant with a certified copy of this resolution for recording purposes. 3. The Applicant shall record this resolution, together with the drainage and utility easements legally described in Exhibits C and D with the Hennepin County Recorder or Registrar of Titles within thirty (30) days of the date of the certification of this resolution. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 13th day of December 2004. ATTEST: Woody Love, Mayor Craig W. Dawson, City Administrator/Clerk PROPOSED LEGAL DESCRPffiONS PARCEL A . Beginning at the most northerly corn~r of Lot 8, Block 2, MINNETONKA HIT..LS 2ND ADDmON; thence on a assumedb'earing of South 38 degrees 00 minutes 00 seconds East along the easterly line of said Lot 8, a distance of 109.34 feet; thence South 34 degrees 57 minutes 28 seconds West 244.17 feet, more or less, to the shoreline of Mary Lake; thence northwesterly along said shoreline to its intersection with the northwesterly line of said Lot 8, which hears South 26 degrees 49 minutes 25 seconds West from the point of beginning; thence North 26 degrees 49 minutes 25 seconds East along said northwesterly line to the point of beginning. PARCEL B . Commencing at the most northerly corner of Lot 8, Block 2, :MINNETONKA HIT..LS 2ND ADDITION; thence on a aSsumed bearing of South 38 degrees 00 minutes 00 seconds East along the easterly line of said Lot 8, a distance of 109.34 feet to the point of beginning; thence continuing South 38 degrees 00 minutes 00 seconds East along said easterly line 91.96 feet; thence continuing southerly along said easterly line 18.94 feet on a tangential curve concave to the east having a radius of 613.48 feet, and a central angle of 3 degrees 25 minutes 43 seconds, to the most easterly corner of said Lot 8; thence South 42 degrees 03 minutes 39 seconds West 192.74 feet, more or less, to the shoreline of Mary Lake; thence northwesterly along said shoreline to its intersection with a line which bears South 34 degrees 57 minutes 28 seconds West from the point of beginning; thence North 34 degrees 57 minutes 28 seconds East to the point of beginning. Exhibit A ......... 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(952) 474-3236 FAX (952) 474-0128. www.cLshorewood.mn.us. cityhall@cLshorewood.mn.us MEMORANDUM TO: Planning Commission, Mayor and City Council . FROM: Brad Nielsen DATE: 2 December 2004 RE: Shurgard - Proposed Sign Ordinance Amendment FILE NO. 405(04.36) BACKGROUND . Shurgard has purchased the two Minnesota Mini-Storage properties located near Highway 7 and Vine Hill Road. Upon making application to change out the signage to reflect the new ownership, they discovered that the existing signage on their westerly site at 19545 State Highway 7 (see Site Location map - Exhibit A, attached) does not comply with the current C-1, Neighborhood Commercial, zoning of the site. In their letter (Exhibit B), dated 1 November 2004, the applicants mistakenly request a variance to keep the amount of signage currently displayed on the property. In actuality they have applied for an amendment to the C-1 district requirements that would allow them to keep the same amount of signage as now exists. The original Minnesota Mini-Storage was constructed in 1983. In 1985, the Shorewood Zoning Code was completely overhauled, including a reduction in the amount of signage allowed in the C-1 district. Signs that already existed on the site were "grandfathered in" (excuse me - "grandparented in"). The proposed freestanding sign contains 56.4 square feet of area, and is shown on Exhibit C. ANAL YSISIRECOMMENDATION When evaluating a request to change the Zoning Code, it is important to consider what effect the amendment will have on adjoining properties, not only for the subject site, but 8 B {) PRINTED ON RECYCLED PAPER H . . Memorandum Re: Shlrrgard,Text Amendment 2 December 2004 , . for all similarly zoned properties. In this case, the subject site is the only property zoned C-1, and very likely to be the only one so zoned. It is worth noting that the property is sandwiched between C-3, General Commercial property to the east and the Waterford P.U.D. district to the west Both of these districts allow more signage than what is currently allowed in the C~1 District. It seems reasonable that this site should be subject to the same requirements as the two adjoining districts. Instead of being limited to 36 square feet, the property would be allowed signage equal to 10 percent of the larea of the building silhouette, as viewed from the street. Since this property is a comer lot, and in order to prevent an extraordinarily large sign, the amendment could specify that only one side of the site can be used for calculating sign area. . A public hearing is scheduled for 7 December. A draft text amendment will be presented at the meeting. Cc: Craig Dawson Tim Keane Mike Justak . -2- a; g~ q z......c: ~ o MINNETONKA -II -II -II z w > ~ J: c.. W w c .. Exhibit A SITE LOCATION Shurgard - SIgn regulations amendment SHURGARD Minneapolis North District Office 2825 Hedberg Drive Minnetonko, Minnesota 55305 Phone 952 345 0192 Fax 952 345 0194 www.shurgard.com November 1,2004 To Whom It May Concern: This application requests a variance to the Cl zoning to allow more than 36 Square feet of signage. We are asking to maintain our CUlTent square footage of 56.4 square feet. We propose to change our sign cabinet and face to represent new company name. We will remove the non illuminated phone number panel. . We are unique to Cl and have a PUD to the West and C3 adjoining us to the east. Both use more signage than the allowable 36 square feet permitted by Cl. We ask only to maintain what we have. We ask this to enable our potential customers to be able to visually see where our office is located. Cars pass by in excess of 45 MPH. Smaller signage will increase customer difficulty in locating our store especially Westbound travelers who have not other marker to view. Respectfully submitted, . Mike Justak District Manager Exhibit B APPLICANT'S RE~UEST LETTER Dated 1 November 2 04 ""dtr:1 ~:>< oe: 0" ""d ...... 0"-+ 00(1 ~ ~ ~ ~ ~ 00 l-3 > ~ ~ ~ C') 00 ~ C') z HURGARD iLF STORAGE . . T! ~ "'I' in - &.[ - ..... ~C") ........ ,.;:. '" &.-r- ;:::1- : co 10'-6 " I I SHURGARD SELF STORAGE . co= Ci>~ 0"" .... . .... Boxes 952-474-2123 56.4S.F. D.F. PYLON HEAD.RETROFIT SIGN #1 0lY. 1 SCALE: 1/4"= 1'-0" NOTE: REPAINT ALL POLES BLACK. REMOVE SECONOARY PHONE NUMBER SIGN BOX. 5'-4"H X 10'-0"W-50 S.F. EXISTING SIGN CABINET WITH SECONDARY PHONE CABINET IS 1'-31/4" H X 6'-1" W - 7.75 S.F. SIGN #1 RECOMMENDED SIGNAGE ALE: 735-15a.COR PAGE: 30F3 i~ 1418 Elmlll,rst Rll. DATE: 10/26/04 REVISED: Elk Grove Village KP N.T.S. Rlillais 6000'1 DRAWN: SCALE: Idu,ilySollnlona LOCATION: 735-15a 19545 Hwy. 7 Shorewood, MN 55331 CITY OF SHOREWOOD ORDINANCE NO. AN ORDINANCE AMENDING SECTION 1201.03 SUBD. 11. e.(2). (C-1 SIGNS) OF THE SHOREWOOD ZONING CODE Section 1. Section 1201.03 Subd. 11.e.(2) ofthe Shorewood City Code is hereby amended to read as follows: "(2) R-C Residential/Commercial and C-l Commercial Districts. Subject to other conditions of this chapter, the following signs shall be allowed in the R-C and C-1 Districts: (a) Signs are regulated in e(1) above; (b) Business signs in the R-C Districts shall be subject to the requirements of Section 1201.19 Subd. 8.d. of this Code. . (c) Business signs in the C-1 Districts shall be subject to the following: (i) The maximum number ofsignsioranyprincipaLbuilding. shall be three except by conditional use as provided in (3)(c) below. The maximumtotaLareafor.allsigns.shall be determined by taking 10% of the gross silhouette area of the front of the building. Signs maybe illuminated. . (ii) For purposes of determiningthegrossareaofthe silhouette of the principal building, the silhouette shall be defined as that area within an outline drawing of the principal building as viewed from the front lot line. (iii) Each lot will be allowed only one freestanding sign, not to exceed 20 feet in height. Section 2. This Ordinance shall be in full force and effect upon publishing in the Official Newspaper of the City of Shore wood. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 13th day of December 2004. WOODY LOVE, MAYOR ATTEST: CRAIG W. DAWSON, CITY ADMINISTRATOR/CLERK CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128. www.cLshorewood.mn.us. cityhall@cLshorewood.mn.us MEMORANDUM . TO: Mayor and City Council FROM: Brad Nielsen DATE: 9 December 2004 RE: Zoning Text Amendment - P.U.D. Uses and Size FILE NO. Zoning Code (Section 1201.25) . At its November meeting, the Planning Commission held a public hearing to consider an amendment to the P.U.D. section of the Zoning Code that would reducethe size of parcel required to allow a mixed use P .U.D. (residential and nonresidential). The intent was to set the stage for the possible future redevelopment of the Excel Energy property on County Road 19. The Comprehensive Plan suggests that this site, if Excel ever discontinued its current use of the site, would be acceptable for some sort of mixed use development. In the drafting of the amendment, staff realized that the section being considered contained language that would allow essentially any use listed in the Code to be a permitted use in a P.U.D. zoning district. The intent of the section was to allow all uses to be considered, and the ones found to be acceptable would then be included in the development agreement for the project. The attached amendment clarifies that language, as well as lowering the required land . area from 20 acres down to four. The Planning Commission has recommended unanimously to approve the amendment. Cc: Craig Dawson Tim Keane ft ~J PRINTED ON RECYCLED PAPER :tF 8. c -D-R-A-F-T- CITY OF SHOREWOOD ORDINANCE NO. AN ORDINANCE AMENDING SECTION 1201.25 SUBD. 2. (P.U.D. - PERMITTED USES) OF THE SHOREWOOD ZONING CODE Section 1. Section 1201.25 Subd. 2. of the Shorewood City Code is hereby amended to read as follows: "Subd. 2. Permitted Uses. The development agreement for any proposed P.U.D. shall set forth the uses permitted within the proposed P.U.D. All permitted, accessory, or conditional uses allowed in this chapter may be considered for a P.U.D.. However, any P.U.D. that includes a mixture of residential and nonresidential uses shall be limited to property containing no less than four acres of gross land area." . Section 2. This Ordinance shall be in full force and effect upon publishing in the Official Newspaper of the City of Shore wood. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 13th day of December 2004. . WOODY LOVE, MAYOR ATTEST: CRAIG W. DAWSON, CITY ADMINISTRATOR/CLERK '" . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236 FAX (952) 474-0128. www.cLshorewood.mn.us. cityhall@cLshorewood.mn.us MEMORANDUM . TO: Mayor and City Council FROM: Brad Nielsen DATE: 9 December 2004 RE: Zucco - Property Exchange FILE NO. Property (4485 Enchanted Point) . In June of this year, the City agreed to exchange a parcel of City-owned pro}JC3rtyfor some land owned by Mr. Francis Zucco on EnchantedPoint. As it tu{ns out, the City property had been acquired through tax forfeiture, and the State will not allow it to be conveyed to a private party (despite the benefit to the City of getting additional r.o.w.). They are willing to allow the conveyance, provided that the State receive $5000 (the assessed value of the subject parcel). Mr. Zucco's representative (Bill" Zucco) has agreed to pay this amount in order to complete the transaction. A revised resolution is attached for your review and approval. The resolution has been forwarded to the City Attorney for his review and comment. Cc: Craig Dawson Tim Keane Bill Zucco n ~J PRINTED ON RECYCLED PAPER #0 o.D, .: CITY OF SHOREWOOD RESOLUTION NO. A RESOLUTION APPROVING SUBDIVISION AND COMBINATION OF REAL PROPERTY WHEREAS, the City of Shorewood (the "City") is the owner of certain real property ("City Property") located in the City of Shorewood, legally described as: "The Northerly Half of the Westerly Half of Lot 21, Block 1, "ENCHANTED PARK" LAKE MlNNETONKA"; and . WHEREAS, Francis J. Zucco and Mary Anne Grams, as trustees for the benefit of Francis 1 Zucco and for the uses and purposes set forth in the Will of Alice Drake Zucco, also known as Alice D. Zucco, deceased (collectively, the "Trustees"), are the Hennepin County Probate Court-decreed distributees of certain realproperty ("Zucco Property") located in the City of Shorewood, legally described as: "Lots 15, 16,20, the Easterly Half of Lot 21, and the Southerly Half of the Westerly Half of Lot 21, all in Block 1, "ENCHANTED PARK" LAKE MlNNETONKA; Hennepin County, Minnesota, according to the recorded plat thereof'; and WHEREAS, the City has constructed a road which encroaches on a portion ofthe Zucco Property and the City Property abuts a portion of the Zucco Property); and WHEREAS, the City and Trustees have agreed to exchange an equal amount of land to enable the City to relocate and improve the configuration of the City road and to eliminate the encroachment of the City road onto the Zucco Property; and . WHEREAS, to facilitate the exchange, the City and Trustees have agreed to subdivide and combine their respective properties into four parcels legally described in Exhibit A, attached hereto and made a part hereof; and WHEREAS, the subdivision and combination proposed by the City and the Trustees complies in all respects with the Shorewood Zoning Code. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: /.ol 1. The real properties legally described above be divided into four parcels, legally described in Exhibit A, attached hereto and made a part hereof. 2. The proposed subdivision and combination is subject to the Trustees deeding Parcels 1, 2 and 3 to the of Shorewood for public right-of-way and utility purposes. 3. In consideration of the Trustees' conveyance of Parcels 1,2 and 3 to the City, the City agrees to convey Parcel 4 to the Trustees or their successors or asSIgnS. 4. The City Clerk will furnish the Trustees with a certified copy of this resolution for recording purposes. . 5. The Trustees will record this resolution together with the deeds referenced in 2.and 3. above with the Hennepin County Recorder or Register of Titles within Sixty (60) days of the date of the certification of this resolution. 6. Shorewood City Council Resolution 04-054 is hereby rescinded. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 13th day of December, 2004. WOODY LOVE, MAYOR . ATTEST: CRAIG W. DAWSON, CITY/ADMINISTRATOR/CLERK hI EXHffiIT A Parcell to be transferred from Trustees (Zucco) to the City of Shorewood That part of the Easterly Half of Lot 21, Block 1, ENCHANTED PARK LAKE MINNETONKA, which lies northerly of the following described line: Commencing at the Southwest comer of North half of the West Half of said Lot 21; thence on an assumed bearing of South 48 degrees 06 minutes 12 seconds East along the South line of said North half ofthe West Half a distance of 14.00 feet to the point of beginning of the line being described; thence North 11 degrees 48 minutes 00 seconds East a distance of 25.92 feet; thence along a tangential curve concave to the east having a radius of73.00 feet and central angle of 33 degrees 35 minutes 00 seconds a distance of 42.79 feet to a point of compound curvature; thence along a tangential curve concave to the southeast having a radius of35.00 feet to its intersection with the west line of said East Half; thence easterly to a point . on the North line of said East Half of Lot 21 distant 34.13 feet easterly, as measured along said North line, from the most northerly comer of said East Half, and said line there ending. Parcel 2 to betransfetredby~the Trustees (Zucco) to the City of Shorewood The Northerly 21.30 feet of Lot 16, Block 1, ENCHANTED PARK LAKE MINNETONKA Parcel 3 to be transferred bY the Trustees EZucco) to the City of Shorewood That part of Lot 20, said Block 1, which lies easterly of a line drawn from the point of intersection of the South line of the North 21.30 feet of said Lot 16 with the East line of said Lot 20, to a point on the North line of said Lot 20 distant 25.58 feet . Westerly, as measured along said North line, from the Northeast comer of said Lot 20. Parcel 4 to be transferred from the City of Shorewood to the Trustees (Zucco) That part of the North Half of the West Half of Lot 21, Block 1, ENCHANTED PARK LAKE MINNETONKA, which lies easterly of the following described line: Commencing at the Southwest comer of said North Half of the West Half: thence on an assumed bearing of South 48 degrees 06 minutes 12 seconds East along the South line of said North Half of the West Haifa distance of 14.00 feet to the point of beginning ofthe line being described; thence North 11 degrees 48 minutes 00 seconds East a distance of25.92 feet; thence along a tangential curve concave to the east having a radius of73.00 feet and central angle of33 degrees 35 minutes and 00 seconds a distance of 42.79 feet to a point of compound curvature; thence along a tangential curve concave to the southeast having a radius of35.00 to its intersection with the east line of said North half of the West Half, and said line . . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236 FAX (952) 474-0128. www.cLshorewood.mn.us. cityhall@cLshorewood.mn.us MEMORANDUM TO: FROM: DATE: SUBJECT: City Council Craig W. Dawson., City Administrator tJ fA December 9, 2004 W Proposals re: SLMPD Recent Negotiations: During the week of November 29, there were discussions about ways to make progress on matters of disagreement with the funding of the South Lake Minnetonka Police Department and the joint powers agreement for the SLMPD. It was hoped that there. would be agreement between the SLMPD Coordinating Committee and the Excelsior City Council, such that the Committee would not need to identify Tier I and Tier II levels of service for 2005. Unfortunately, this agreement did not come to pass. In early No..vember, Excelsior sent a letter to the Coordinating Committee and asked what process would be acceptable go forward with resolving on-going police disputes. At the same time of that request, the Operating Committee (comprised of the city manager/administrators of the member cities) was preparing a proposal on the process; it was sent to the Coordinating Committee on November 10. (A copy of the proposal is attached.) In the discussions among various officials, there were indications of possible agreement to proceed with an earlier Excelsior proposal to contribute $416,400 for 2005 SLMPD operations, and to make a supplemental payment of$26,159 for services in 2005. Combined, the total would equal the funding needed for the SLMPD's recommended budget. The Coordinating Committee's acceptance of this proposal would be contingent upon Excelsior's agreement with the Operating Committee's proposal. With these two pieces, all of the SLMPD area would be receiving the same level of service, and the process regarding the disputes would start quickly. Excelsior Response: The Excelsior representative requested the Coordinating Committee recess its November 30 meeting to December 3. The Excelsior City Council would meet on December 2 regarding this concept and, it was hoped, the Coordinating Committee would not need to identify Tier I and Tier II services for 2005. On December 2, the Excelsior Council did not approve the concept on a 3-1 vote (one member absent), and put forward its own proposal regarding the process (attached). While it put more meat on some of the elements of the Operating Committee proposal, Excelsior's response also had a very aggressive timeframe. It would require a delay in action by the Coordinating Committee and additional meetings by the other members' city councils - perhaps later than the date their tax levies needed to be certified. It also requested that full, Tier II service be provided for the balance of 2004 (for which it was willing to make appropriate payment). {) PRINTEO ON RECYCLED PAPER 4t9A ~ SLMPD Matters December 13, 2004, City Council Meeting Page 2 Coordinating Committee Response: For the record, the Coordinating Committee noted that it had received the proposal of the Excelsior City Council, and that it would be forwarded to the councils of the member cities for any appropriate action. It related to the members ofthe Excelsior City Council present that it thus needed to act on identifying Tier I and Tier II services, as the councils of the member cities would be taking action to adopt their budgets starting December 7. It had a duty to respect the Councils' schedules and not to delay them. (Attached is the SLMPD's summary of the Committee's actions.) The Committee also approved the Operating Committee's proposal, which it would have done on November 30 had that meeting not been recessed. City Council Action: . The proposals by the Excelsior City Council and by the SLMPD Operating Committee are pr~sented for the Shorewood City Council's consideration. The Coordinating Committee has approved the Operating Committee's proposal. . I . . MEMORANDUM TO: Coordinating Committee, South Lake Minnetonka Police Department FROM: Operating Committee Larry Whittaker Roberta Whipple Craig Dawson Sara Irvine Excelsior City Manager Greenwood City Administrator/Clerk Shorewood City Administrator/Clerk Tonka Bay City Administrator/Clerk DATE: November 10,2004 SUBJECT: Process for Addressing Concerns among Member Cities regarding SLMPD Everyone knows of the frustrations among the member cities regarding the services, financing, and governing agreement of their joint powers organization, the SLMPD. Several proposals have been put forth to begin discussions, and the responding parties have expressed any number of reservations about them. From a detached perspective, it would appear that the parties have been negotiating about the shape of the table and what is to be placed on it. The Operating Committee offers this proposal as one that is not biased to anyone member cities' concerns. . It is intended to provide a forum so that city representatives maybalance matters related to what's best for their joint powers organization (JPO), their joint powers agreement (JPA), and the situation or expectations of individual cities. Participants: The group involved should be small enough to be effective and efficient, so that the process may be completed in a relatively short period of time. (We would suggest that the process be completed by Memorial Day.) Accordingly, the committee should be comprised of: . The Coordinating Committee (the mayor of each member city). . One Council representative from each city. (There may be a preference for councilmembers who have not had prior involvement in committees on SLMPD matters, so that they may bring fresh perspectives.) . The Operating Committee would participate in the committee meetings as appropriate, and provide staff assistance to it. . The Police Chief would be a resource to the committee, and would attend and participate in meetings when requested by the committee. Operating Committee Proposal for SLMPD Matters November 10, 2004 Page 2 \ Facilitated Process: All parties have indicated a willingness and openness to discuss the SLMPD matters over the past two years. There has been difficulty in beginning to make any progress, due in large part to the lack of a common understanding or definition of each party's issues. The Operating Committee recommends that the proposed committee use the services of a skilled facilitator. This person would be able to guide discussion neutrally. We suggest that the Operating Committee have the task of recommending the facilitator to be engaged, and that the Coordinating Committee ratify this recommendation. The facilitator's first task would be to clarify what the issues are. This could be accomplished by 1) the facilitator convening the committee and focusing work through a few meetings; or . 2) as an alternative, the facilitator meeting separately with each city's team (mayor, council rep, manager/administrator); developing a report to the committee; and then using it as the foundation for subsequent meetings. With this issue identification completed, the facilitator would then help committee members identify their expectations and scope of their subsequent deliberations regarding what changes (if any) should be made. Proeress toward Decision: The JP A ties all four cities together through the retirement of the financing of the SLMPD station, or 2023, as there is no provision in it for a member city to withdraw from the agreement. As with any JPA, each of the city councils must approve any amendment to the agreement. . There is no dispute resolution provision in the JP A - no process or recourse to put the parties into meet-and-confer, mediation, or arbitration. While there seems to be a consensus to place a dispute resolution provision in the JP A, developing and agreeing to such an amendment would likely take several months. This would compromise the goal of completing the committee's work by Memorial Day. Consequently, the proposed committee would serve as the forum for dispute resolution, and could be where the progression through the steps of dispute resolution occurs. The discuss- facilitate-mediate process on the issues can result in a consensus about what changes or improvements can be made. However, this process can have open-ended or circular discussions, and without a timeframe can drag on for a long time. Several city councils have expressed concerns with the likelihood that inconclusive discussions would result in frustrations for all. Without a willingness to arbitrate, there would be no finality on specific issues. But if there is a not a willingness to arbitrate, all parties would have to become satisfied with only the changes that are achievable through the discuss-facilitate-mediate process. . . Operating Committee Proposal for SLMPD Matters November 10, 2004 Page 2 Arbitration: The matter of whether and what to arbitrate has been a difficult one for all. At this juncture, it is difficult to pre-judge or presume what they would be. The results of the issue- identification process would be very helpful in separating matters into operations and procedures, policies, and what JP A issues are actually in dispute. At that point it may be appropriate for the committee 1) to advise the city councils of what matters might be suitable for arbitration, and 2) to identify the conditions or rules for arbitration that the councils should agree to. Costs: The costs related to the facilitator should be borne equally by the four cities. Any costs related to arbitration would be the responsibility of each party. No SLMPD funds should be used, except for staff and materials expenses. Preconditions?: The Operating Committee takes no position regarding preconditions (e.g., all parties "making the budget whole") for the proposed committee process to begin. While there may be a decision tied to required contributions for SLMPD's 2005 operations before action is taken on arbitration or making amendments to the JP A, the issues among the parties need to be addressed regardless. . Summary: The Operating Committee offers this framework to expedite discussions among all parties regarding their concerns about their SLMPD partnership. We believe that this process can be undertaken simultaneously with other matters related to the contributions and service levels among the SLMPD cities. CITY OF EXCELSIOR 339 THIRD STREET EXCELSIOR, MINNESOTA 55331 TEL: 952-474-5233 FAX: 952-474-6300 December 3, 2004 Dear SLMPD Coordinating Committee, Our mutual goal is to resolve outstanding issues so that each city in the lP A may enjoy full police service at a fiscally responsible and fair cost. All the JP A cities deserve to have the outstanding issues resolved and harmony restored expeditiously. Our previous initiatives to open discussion for resolution of issues have been rejected by you and/or your respective City Councils. However, the proposal presented to us by staff at our emergency meeting last night leads us to believe that you may now be receptive to a process similar to our recent proposal for resolution. We welcome that receptivity . because we started our last proposal in August with the goal of resolving outstanding issues in 2004. We have lost valuable time toward this goal. Therefore, in an effort to resolve outstanding issues quickly, we respectfully submit the following simplified three- step process for resolution of outstanding issues. Step 1 - Restore Full Police Service for 2004 The Coordinating Committee agrees to restore full police services for Excelsior beginning on 12/06/04 through 12/31/04. Excelsior agrees to immediately issue a pro rata payment to cover full service for the remaining 25 days of the year (payment would be $1712.33 which is calculated as follows: $25,000 budget shortfall divided by 365 times 25 days). The purpose of this step is to address the short-term need for full police services in Excelsior. Patrolling throughout Excelsior, especially in the Commons area, and response to nuisance calls would begin on 12/06/04. . Step 2 - Kev Issues Document A. Excelsior prepares and submits a Key Issues Document to the Coordinating Committee and the City Councils. This document simply presents key issues and proposed resolutions to those issues for consideration by the Coordinating Committee and the City Councils. Excelsior would distribute this document the week of 12/6/04. B. The Coordinating Committee and City Councils approve or disapprove the Key Issues Document. Target date for this response is 12/17/04 or as quickly as possible. The purpose of this step is to jumpstart discussions and to put focus on the key issues that need resolution. This is the opportunity for Excelsior to present key issues to the governing bodies so we can identify issues we mayor may not agree on. Sten 3 - Proposal for Discussions . A. Excelsior prepares and submits a Proposal for Discussions document. This document would present a proposal for continuing discussions to resolve all outstanding issues. This document would present recommendations such as need for a mediator, time period for discussions, disposition of budget and full services during the discussion period. The exact contents of this proposal may vary depending upon the outcome of Step 2 (Le., if key issues and proposed resolutions are approved in Btep 2 the proposal for discussions may be dramatically different than if the key issues and proposed resolutions are disapproved). Excelsior would distribute this document within one week of the response from Step 2 which could be the week of 12/20/04 if the response from Step 2 is received by 12/17/04. B. The Coordinating Committee and City Councils approve or disapprove the Proposal for Discussions document. Target date for this response is 12/29/04 or as quickly as possible. The purpose of this step is to create a framework for discussing and resolving all outstanding issues, restoring full services and restoring full budget contributions for all cities. Summary . We arema:king this proposal, once again, as demonstration of our willingness to provide a reasonable framework to resolve the current situation. We realize this is an aggressive schedule but we feel it is necessary so that we will be able to propose ongoing discussions that restore the budget and full service for 2005 by the end of 2004. However, the dates are considered targets and not an absolute timeframe that cannot be altered. In other words, if the proposed timeline is a problem it can be modified and should not be a reason for you to reject this proposal. We view all three steps as essential elements to proceed. In the past, you have requested clear articulation of our issues. Step 2 provides that. The output from Step 2 will be the starting point for Step 3. We have listened to your criticisms of our past proposals to arrive at this simplified and straightforward approach. There are no conditions on this approach and all cities are on a level playing field with the steps we have proposed. Actions speak louder than words. We respectfully request your approval of this proposal today at your special Coordinating Committee meeting. We view this proposal as a reasonable approach to move forward. Your approval of this proposal today would reaffirm your stated commitment to participate in discussions with your partner city and your commitment to support the current lP A. Your disapproval or inaction on this request today would suggest the contrary. Sincerely, Excelsior City Council TO: FROM: DATE: SOUTH LAKE MINNETONKA POLICE DEPARTMENT . BRYAN T. LITSEY Chief of Police 24150 SMITHTOWN ROAD SHOREWOOD. MN 55331-8598 Office (952) 474-3261 Fax (952) 474-4477 MEMORANDUM SLMPD Member City Councils Bryan Litsey, Chief of Police .' : '),:., . December 6, 2004 "':MQ1lqay.. ':..." " e /' :" :'..:":::'-:'-,:-'\.:::-::, :, . -:- ," :",::",;"".,._;", ", ".,'.-' RE: SLMPD Coo)"diliatil1gC(jminitt~e.~~tiOI.-i'~ecember 3, 2004 The Coordinating Committeeyerymu~\1preferst()l?royid~:i~~same level of service in all cities, consistent with its rec()J.llIl1eQ.be~~H~gel~ . .... .'> " "'if". :,n., The SLMPD Coordinating.~ meeting until Friday, Dece ....... Excelsior. The recess resul~eq')!fo'?~~9 . .~> November 30 meeting (that 1~~'l,1ot a partyto~J: ". ';.', .. .:,-=- ..', . ,.' .' " .~. er 30, and recessed its > tative from the City of ." ediately before the . . ::-.::...,,,...;,~.;; ., * Excelsior had sent a lette;Cl~tbd;~o:V~Ui.tie."" .'. ..~...., and asked what it would take '.', ,. .' '., ,. to reach agreement on aptQ~~~~~~a~~~!,ls~jaP..t~solve issues related to the SLMPD and the joint powerS~gr~..."..~tP. erik.i;',!:?:;;' ,',..... ,,,,,..,,,...;...,;,,,,.,,,, '..... . \" :'.)'. * Contemporaneously and independently; the Operating Committee, which is comprised of the. city manager and administrators of the four member cities, were finishing a proposal for the Coordinating Committee to consider. A goal in that process would be to finish it by Memorial Day, 2005. The November 30 meeting was the first regular session of the Coordinating Committee to review the Operating Committee proposal. Informal reaction from individ~al Coordinating Committee members indicated that they would approve the proposal. * Earlier this fall, Excelsior had indicated its willingness to pay $416,400 as the required contribution, and pay the remaining $26,159 of the requested contribution as a supplemental payment for services in 2005. With this amount of funding Serving the South Lake Minnetonka Communities of Excelsior, Greenwood. Shore wood and Tonka Bay , SLMPD Member City Councils SLMPD Coordinating Committee Action - December 3, 2004 Page 2 coming from Excelsior, all cities would receive the same level of service in 2005. Initially, the Coordinating Committee did not accept this offer, and stated that Excelsior would need to "make the budget whole" by approving $442,559 as its full and official contribution to SLMPD in 2005. * In the discussions immediately preceding the November 30 meeting, and to be considered by the Excelsior City Council on December 2, there was concurrence to accept Excelsior's prior offer of $416.400 as its contribution and $26.159 in supplemental funding for 2005 and to proceed with the Operating Committee's proposal. If approved, there would be no need for the Coordinating Committee to define Tier I and Tier II services for 2005. . At the December 3 meeting, Excelsior informed the Coordinating Committee that it did not approve the concept summarized in the last bullet point. It presented the Coordinating Committee with another proposal, which the Committee accepted as part of the record to be forwarded to the member city councils. . The Coordinating Committee approved the process proposal developed by the Operating Committee. Coordinating Committee members also indicated their willingness to accept the required $416,400/supplemental $26,159 funding from the Excelsior City Council for SLMPD services in 2005. The Committee hoped the Excelsior City Council would reconsider the funding that would result in no Tier I and Tier II services in 2005, and indicated that this matter remained on the table. The Coordinating Committee was disappointed that it then needed to identify Tier I and, Tier II services. It then acted accordingly. It reiterated its willingness to accept the funding scheme proposed earlier by Excelsior. In summaty, the Coordinating Committee has accepted the Operating Committee proposal and an earlier Excelsior proposal regarding funding for 2005. The Coordinating Committee very much prefers to provide the same level of service in all cities, consistent with its recommended budget. The Coordinating Committee would like to move quickly on both matters which, as proposed, work to the benefit of all parties. . CITY OF SHOREWOOD .. 5755 COUNTRY CLUB ROAD · SHOREWboD, MINNESOTA 55331-8927 · (952) 474-3236 FAX (952) 474-0128. www.cLshorewood.mn.us. cityhall@cLshorewood.mn.us MEMORANDUM TO: FROM: DATE: SUBJECT: City Council Craig W. Dawson, City Administrator 1'1'\ December 9, 2004 lJ'V' Funding for SLMPD in 2005 . At the November 22, 2004, meeting, the Council reviewed the matter of its planned funding for the operations of the South Lake Minnetonka Police Department in 2005. As the Council reviewed various scenarios in August, it decided to include $700,000 in the proposed 2005 budget. This level of funding would continue the same level of Tier II (formerly "enhanced") service that has been provided in 2004. As the Coordinating Committee revised its recommended budget and the City of Excelsior apparently would not be increasing its contribution for 2005, the cost to the City of Shorewood to fund the recommended budget for Tier II service would be approximately $718,000. Chief Litsey will be present at the Council meeting to discuss the implications of$700,000 and $718,000 contributions from Shorewood in 2005. City Council Action: . The City Council will need to decide what Shorewood's 2005 contribution will be, and do so prior to adoption of the overall 2005 City budget scheduled later on tonight's agenda. If the Council decides to increase the contribution to the SLMPD, staff recommends that the transfer from the General Fund to the Local Roadway Fund be reduced accordingly. ft ~~ PRINTED ON RECYCLED PAPER :/f-: q 8 " CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236 FAX (952) 474-0128. www.cl.shorewood.mn.us. cityhall@ci.shorewood.mn.us MEMORANDUM TO: FROM: DATE: SUBJECT: City Council ~ Craig W. Dawson, City Administrator '\ November 18, 2004 City's 2005 Budget for SLMPD Funding As you may recall, the' South Lake Minnetonka Police Department deveioped several scenarios for its. proposed 2005 budget. These scenarios were prepared to help the member city councils understand what level of service they would likely receive for the amount of funding they would authorize for next year. The SLMPD Coordinating Committee endorsed a budget that required a 4.1 percent increase over the budget (and city contributions) it recommended fQr 2004. Under this budget, sometimes referred to as "$,e budget made whole", all cities woUld receive the same service; there would be no need to consider Level I and Level IT tiers of service. Most scenarios assumed that the authorized funding would fall short of that recoInmended by the Coordinating Committee. As it turned out, the Excelsior City Council approved a 4.1 percent increase above its 2004 contribution.. The $416,400 authorized is approximately $26,000 below the Coordinating Committee's recomrilended amount for 2005. Shorewood's Current ProDosed Bude:et: Under the. Coordinating Committee's proposed budget, Shorewood's 2005 contribution would be approximately $690,000. With the assumption that . Excelsior would make nQ increase for the 2005 contribution, Shorewood's cost to continue 2004's Level IT service into 2005 - a 2.0 percent SLMPD budget increase - would be approximately . $698,000. Consequently, the Council agreed truit $700,000 would be included in the City's 2005 proposed budget. Generally, while the Council hoped that all cities would honor the proposed contributions, it did not want to pay for services added to 2004' s Level II. . . To fully implement the overall 4.1 percent increase, the program preferred by the Coordinating Committee, Shorewood's 2005 contribu~on would need to be approximately $718,000 ($717,861, to beexact). In terms of the resources available to the Department, this additional funding would provide partial restoration of a part-time administrative support position and restore some funding to the vehicle replacement schedule. . . At this time, the cities of Greenwood and Tonka Bay have included this higher - 4.1 percent SLMPD increase - amount in their respective proposed budgets. In essence, these cities and Shorewood would be funding the additional monies to expand (some would say, restore) the service in 2005, rather than continuing the same Level II service they paid for in 2004. n . ~t1 PRINTEO ON RECYCLEO PAPER .M!.~' Q., e. .'. cifr'" ill '1 . ,"':t"j~ City Contribution to 2005 SLMPD Operations November 22, 2004, City Council Meeting Page Two ~ To put it in a summary table: Shorewood Required Contribution Level IT Contribution Level II Expanded 2004 $623,729 $662,952 2005 $649,302 $697,762 $717,861 The difference in the continuation of Level IT in 2005 and the expanded Level II is Shorewood's pro- ration of the $26,600 shortfall in the amount authorized by the Excelsior City Council. . Coordinatin2 Committee Activity: At its September 16 meeting, the Coordinatmg Committee authorized continuation of membership in the Southwest Drug Task Force. The Coordinating Committee. stated that the $8,400 dues, which in 2004 were paid by a one-time donation of the Crime Prevention Fund and were not included in costs for Level I or Level II services, would be included in both Level I and II services in 2005. At its meeting on November 30, the Coordinating Committee will identify what services will be provided under Level I and Level II. These definitions of service will be important as the member city councils set their official budgets in December. . The Coordinating Committee will also receive and consider a proposal by the Operating Committee (Le.,.:th.ecitymanager/administrators) on a process to address the issues among the cities regarding the SLMPD. . ClarificationlDirection: The cities of Shorewood, Greenwood, and Tonka Bay agreed to arrange for additional services from SLMPD with the funds they had authorized to fulfill the Coordinating Committee's recommended 2004 budget. Presumably, the 2005 Level II service would also be identified on what these three cities would contribute to SLMPD. The circumstances appear to be different, however, as Shorewood is currently planning a continued Level II service ("the 2.0 percent increase''), and Greenwood. and Tonka Bay are planning an expanded Level II service (''the 4.1 percent increase''). The Shorewood City Council could choose to fund the expanded Level II service (Level II~?) when finally adopting the City's 2005 budget. Most likely, it would require a reduction in the transfers to capital funds currently proposed for 2005, or a use of funds in the balance of the General Fund. As the Coordinating Committee will be setting its service offerings on November 30, it will be helpful to Shorewood's representative and the whole Committee to know what to expect Shorewood's contribution will be in 2005. While there will be a Levell, there will likely be confusion regarding what can be in Level IT, or whether there will also be a Level IIe. SLMPD 100S Budget Scenarios Per preliminllly DraOs presented 1I11u1y 1\ Ccordinatina Commill.. MCClina >'004 Recommended Contributions - 6 3'l!. Increase 2004 Ooeratlno Budoe! Conlribullons ~ I!!.!i! $ 400.000 $ 122,602 $ 662,952 $ 230.592 $1,416.046 Excelslor Greanwoad Shorawood Tonka Bey $ 425,154 $ 122,502 $ 662.952 $ 230,592 $1,441,200 5xceIsior Greenwood Shorawood Tanka Bay Tolal Tolal !mil: $ 400.000 $ 115,254 $ $ 623,729 $ $ 216.949 $ $1,355,932 $ 7.246 39,223 13,643 60,114 2005 Budaet Scenarios: A) No change In stat! Dr servlcas for 2004 (assumas anticipated lncraases needed for salaries. Insurance, utnlUas, suPplies and sarvlces) BI Fills vacent part-time Clerical position at reduced hours (adds $ 11,200) CI Funds parllClpation In Soulhwast Orug Task Force (adds 58,400; paid by Crime Fund for 2004) 0) Restores schadule offuncfll1g raplacemanl vehicles (adds $21,000; schedule reduced In 2004) -Makin" the aut/tlllf Who/.- 2Q!)! B!1.iA l.QbaDlli ~ Excelsior $ 425,154 $ 433,532 $ 8,738 2.0 Greenwood $ 122,602 $ 124,916 $ 2,414 2.0 Shorawood $ 662,952 $ 678,016 $ 13,064 2.0 Tanka Bay $ 230.592 $ 235.136 $ 4.544 2,0 $1,441.200 $1,469,600 $ 28,400 2.0 ~ ~ l.QbaDlli ~ , excalsior $ 425,154 $ 436,984 $ 11,630 2.8 Greenwood $ 122,502 $ 125.911 $ 3,408 2.8 Shorawood $ 662,952 $ 681.398 $ 16.445 2.8 Tonka Bay $ 230.592 $ 237 ,006 $ 6.416 2,8 $1,441.200 $1.481,300 $ 40,100 2.8 ~ ~ ~~ excelsior $ 425,154 $ 439,452 $ 14,308 3.4 Greenwood $ 122.602 $ 126.625 $ 4,123 3.4 Shorawood $ 652,952 $ 665,262 $ 22.310 3.4 Tanka Bay $ 230.592 $ 236.352 $ 7.760 3.4 $1,441.200 $1.489,700 $ 48.500 3.4 ~ Z!!.9J..Q ~~ Excelsior $ 425,154 $ 445.657 $ 20,503 4.8 Greenwood $ 122,502 $ 126,410 $ 5.908 4.6 Shorawood $ 662,1152 $ 694,922 $ 31,1170 4.8 Tonka Bey $ 230.5112 $ 241.112 $ 11,120 4.8 $1,441.200 $1,510,700 $ 89.600 4.8 "Bas/e & Enhaneed Sarvlea - No Chano,!,/n Sarv/ea Lllvals for ZOOS" ~ 2005Baslc," ~ ~ Excalslor Greenwood ShoraWOOd Tanka Bay $ 400,000 $ 415,089 $ 15.069 3,8 $ 115,254 $ 119,602 $ 4,348 3.8 $ 623,729 $ 647,257 $ 23.529 3,8 $ 216,949 $ 225.133 $ 8.164 3.8 $1.366,932 $1,407,081 $ 51,149 3,6 ~2005Baslce~~ $ 400,000 $ 416,363 $ 18.363 4.6 $ 115.254 $ 120.545 $ 5.291 4.6 $ 623,729 $ 852,363 $ 28,635 4,6 $ 216,949 $ 226,909 S 9.960 4,8 $1.355,932 $1.418,181 $ 62,249 4.6 5xceIsior Greenwood -.,> Shorawood Tonka Bay $Change frtl!! 'l'oChange from ~~ $ 33,532 8.4 $Changa fran 'l!.Change from ..2QJlUB 2QQ.Uul!: $ 36,964 9.2 $Change fran 'l!.Chenge from ~~ $ 39.482 9.7 $Change fro!! %Chenge from ~~ $ 45.657 11.4 2004 Enhcd 2005 Enhcd l.l<lwlsIi ~ $ 7.248 $ 7,536 $ 290 4.0 $ 39,223 $ 40.792 $ 1,569 4,0 $ 13.843 S 14,189 $ 546 4,0 $ 60,114 $ 82.519 $ 2,405 4.0 2004 Enhcd 2005 Enhcd l.l<lwlsIi ~ $ 7.246 $ 7,610 $ 362 5.0 $ 39,223 $ 41,164 $ 1,961 5,0 $ 13,643 $ 14,325 $ 682 5.0 $ 60.114 $ 63.119 $ 3,005 5.0 "BasIc & Enhanced Sarvlee - No Ine""'Be In Bas/e Sarvle. Fundlno for ZOOS" ~ 2005 Basic," l.l<lwlsIi ~ 2004 Enhcd 2005 Enhcd i.!dJi!mI ~ Excelsior $ 400,000 $ 400,000 $ 0 Greenwood $ 115,264 $ 115.254 $ 0 S 7,248 $ 13,875 $ 6,427 5,0 ~ ~ Shorewood $ 623,729 $ 623.729 $ 0 $ 39,223 $ 74,033 $ 34,810 5.0 Tonka Bay $ 216,949 $ 216.949 $ 0 $ 13.543 $ 25,960 $ 12.317 5,0 $1,355.932 $1,355,932 $ 0 $ 60,114 $ 113.858 $ 53.554 5.0 . 2005 Base 2005 Conll1b 2005 Conlrlb ~ 1.C.binga ~ . . $ 415.089 $ 15,089 3.8 $ 127,140 $ 4,636 4.0 $ 668,049 $ 25.098 4.0 $ 239.322 $ 8,730 4,0 $1,469,600 $ 53,555 3.8 2005 Base 2005 Conlrlb 2005 Cantrib A...ell!l.Qll ~ ~ . $ 418,363 $ 18.353 4.6 $ 126,155 $ 5.653 5,0 $ 693.647 $ 30,596 5,0 -E- $ 241.234 $ 10,642 6,0 $1,481,299 $ 65.254 4.61 2005 Base 2005 Conll1b 2005 Conlrlb Ullb&ll ~ ~ . $ 400.000 $ 0,0 $ 128,929 $ 8,427 5.0.;- $ 697.762 $ 34,610 5,0 $ 242.909 S 12,317 5,0 $1.459.600 $ 53.554 3,78 . No Enhancad service In ExcaIsior CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128 · www.cLshorewood.mn.us . cityhall@cLshorewood.mn.us MEMORANDUM . Date: December 8, 2004 To: Hono",rable Mayor and City Council Mem~, .. ~ Bonnie Burton, Finance Director/Treasure~ Craig Dawson, City Administrator From: Re: 2005 Budget and Finance Resolutions Several budget and finance resolutions are attached for your review and approval. They represent the culmination of many months of finance and budget work by the staff and council. . Resolution Adopting the 2005 Budget and Tax Levy On September 13, 2003, the City Council approved the Proposed 2004 Budget, which was subsequently certified to Hennepin County. The Truth-In-Taxation Public Hearing for the Proposed 2005 budget and tax levy was then held on December 6, 2004. Now the City Council is asked to adopt the attached proposed resolution, which approves a final 2005 Budget and 2004/2005 Tax Levy. The levy must be certified to the County Auditor by December 29, 2004. Resolution Adjusting the 2005 Pay Ranges and Providing for Insurance Contribution The 2005 budget process included adjustments to City employee salary ranges and the City's contribution toward the employee insurance plan. The salary schedule provides for a2.0% increase in January and a 2.0% increase in July. Medical rates increased by 12%, therefore the City's 2005 monthly insurance contribution per employee has been budgeted at $680 per month for 2005. The attached proposed resolution approves these pay plan adjustments and sets the City's insurance contribution at $680 per month per employee. If adopted, the changes will be effective January 1,2005. ft \,J PRINTED ON RECYCLED PAPER ilq( 7), €, F 2005 Budget Memo to Council Page 2 of 2 Resolution Setting 2005 Utility Rates During the Enterprise Budget work-session, the City Council concurred with a Water rate increase for 2005. The proposed 2005 rate change is summarized as follows: Water rates have been gradually increased over a three-year period. The base rate for 2005 would change from $30 to $35. The first 10,000 gallons usage is included in this base rate. The rate for 10,000-50,000 gallons usage would remain at $2.95 per thousand gallons. For usage greater than 50,000 gallons per quarter, the rate would remain at $3.75 per thousand. The quarterly cost for an average household that uses 30,000 gallons will be about $94. ResQlution Authorizing lnterfund Transfers The City Council budgeted for transfer of monies to and from various funds for capital improvements and other purposes in the 2004 Operating and Capital Improvement Budgets. The attached resolution authorizes the transfer of funds as described. . RECOMMENDATION: The Shorewood City Council is requested to adopt the proposed resolutions as described. . . . CITY OF SHOREWOOD RESOLUTION NO. 04- A RESOLUTION ADOPTING THE 2005 BUDGETS AND APPROVING THE 2004 PROPERTY TAX LEVY COLLECTIBLE IN 2005 WHEREAS, the 2005 Budget and 2004 property tax levies collectible in 2005 for the City of Shorewood have been prepared and reviewed by the City Council; and, WHEREAS, the City Council held a Truth-In-Taxation meeting on December 6,2004, to receive public comment regarding the adoption of such budgets and property tax levies; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. That the following budgets are adopted for the year 2005: General Fund Liquor Funds - (Combined) Water Fund - Operating and Debt Service Sewer Fund Recycling Fund Stormwater Management Fund $4,371,021 569,697 1,802,024 1,045,159 117,220 379,300 2. That the following sums be levied for 2004, collectible in 2005, upon taxable property in the City of Shorewood for the following purposes: General Fund Operations Levy Special Levy Total General Fund Levy $3,333,864 496.792 $3.830.659 3. That the City Administrator/Clerk is hereby instructed to transmit a certified copy of this resolution to the County Auditor of Hennepin County, Minnesota. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 13th day of December, 2004. WOODY LOVE, MAYOR ATTEST: CRAIG W. DAWSON, CITY ADMINISTRATOR/CLERK J::QC CITY OF SHOREWOOD RESOLUTION NO. 04- A RESOLUTION REVISING THE CITY'S WAGE AND SALARY RANGE CHART FOR 2005 AND SETTING THE MONTHLY EMPLOYER CONTRffiUTION TOWARD THE MONTHLY INSURANCE PREMIUM FOR CITY EMPLOYEES WHEREAS, the City Council has established the current salary and wage range chart and the current monthly contribution toward the monthly insurance premium for City employees by prior years' resolutions; WHEREAS, it is the intention of the City Council to, from time to time, revise such salary and wage range chart and monthly contibution towards monthly insurance premiums for City employees within the parameters of State Statutes. . NOW, THEREFORE, BE IT RESOLVED that: 1. The City of Shorewood's Salary and Wage Range Chart is hereby revised for the year 2005 as listed on Exhibit A, attached to and hereby made a part of this resolution. 2. The City's contribution toward the monthly insurance premiums for City non-contract employees is hereby set at $680 per month for the year 2005. BE IT FURTHER RESOLVED that this resolution shall be effective January 1, 2005. ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 13th day of December, 2004. . WOODY LOVE, MAYOR ATTEST: CRAIG W. DAWSON, CITY ADMINISTRATOR/CLERK -::If 9 ]) . . A D E J M 178 EXHIBIT A 179 CITY OF SHOREWOOD 180 PAY PLAN /PAY RANGES - 2.0% COLA 181 1/112005 182 Revised 12/0812004 183 184 Stability Pay 185 3% Steps 1.5% Steps 186 Comp 1 2 3 4 5 6 7 8 9 10 187 Position worth Pts Start 6 Months 1 Year 2 Years 3 Years 4 Years 5 Years 10 Years 15 Years 20 Years 188 Administrator 1062 67,526 69,614 71,768 73,988 76,275 78,634 81,067 82,283 83,517 84,770 189 Director of Public Works 1030 65,637 67,666 69,759 71,917 74,140 76,433 78,798 79,980 81,180 82,397 190 Finance Director 1025 65,226 67,244 69,323 71,467 73,677 75,956 78,306 79,479 80,671 81,882 191 Planning Director 923 61,123 63,014 64,963 66,972 69,043 71,179 73,380 74,481 75,598 76,732 192 City Engineer Pending 60,000 61,800 63,654 65,564 67,531 69,556 71,643 72,718 73,809 74,916 193 Supv. PW Ops & Maint. (Vacant) 894 48,748 50,256 51,810 53,412 55,064 56,768 58,523 59,401 60,292 61,196 194 Liquor Ops Mgr 876 48,202 49,693 51,230 52,814 54,448 56,131 57,867 58,735 59,616 60,510 195 Building Official 815 47,894 49,376 50,902 52,476 54,099 55,773 57,498 58,360 59,235 60,125 196 EngineerT echnician 800 47,773 49,206 50,682 52,203 53,769 55,382 57,043 57,899 58,768 59,649 197 Exe See/Deputy Clerk 780 47,176 48,635 50,139 51,690 53,288 54,937 56,636 57,486 58,348 59,223 198 Planning AsstlWeb Dev-a) 704 42,253 43,560 44,908 46,297 47,729 49,204 50,726 51,487 52,259 53,043 199 Sr Acct Clerk 569 37,843 39,013 40,220 41,465 42,747 44,068 45,432 46,113 46,805 47,507 200 Utility Lead Worker - b) (Dan) Pending 41,195 42,717 44,218 45,740 47,241 48,764 50,265 0 0 0 201 Utility Operator - b) (Joe LJBruce) 550 38,729 40,056 41 ,404 42,731 44,079 45,450 46,755 0 0 0 202 Light Equip Operator - b) (See below 536 36,649 37,976 39,324 40,651 41 ,999 43,370 44,675 0 0 0 203 Liquor Mgr, Asst - c) 534 32,006 32,996 34,017 35,069 36,153 37,277 38,432 39,008 39,594 40,187 204 Secretary (Twila) 517 33,331 34,361 35,425 36,520 37,650 38,814 40,014 40,615 41,224 41,842 205 Communications Tech 501 32,020 33,010 34,031 35,083 36,168 37,287 38,440 39,017 39,602 40,195 206 Recap/Secr (Pat) 497 30,767 31,719 32,699 33,711 34,754 35,829 36,936 37,490 38,052 38,623 207 Accounting Clerk 475 29,056 29,927 30,825 31,750 32,702 33,683 34,694 35,214 35,743 36,279 208 Clerical 435 26,217 27,027 27,863 28,725 29,614 30,529 31,473 31,945 32,425 32,911 209 Frr Liquor Clerk II 430 25,004 25,754 26,527 27,323 28,143 28,987 29,856 30,304 30,759 31,220 210 Frr Liquor Clerk (Lead Clerk) 425 22,731 23,413 24,116 24,839 25,584 26,352 27,142 27,549 27,963 28,382 211 prr Li uor Clerk 416 19,113 19,704 20,313 20,942 21,589 22,257 22,945 23,289 23,639 23,993 212 City of Shorewood 1218/2004 A 0 E J M 246 EXHIBIT A 247 CITY OF SHOREWOOD 248 PAY PLAN /PAY RANGES- 2.0% COLA 249 7/1/2005 250 251 252 Stability Pay 253 3% Steps 1.5% Steps 254 comp 1 2 3 4 5 6 7 8 9 10 255 Position Worth Pts Start 6 Months 1 Year 2 Years 3 Years 4 Years 5 Years 10 Years 15 Years 20 Years 256 Administrator 1062 68,876 71,007 73,203 75,468 77,801 80,207 82,689 83,929 85,188 86,465 257 Director of Public Works 1030 66,949 69,019 71,154 73,355 75,623 77,962 80,374 81,580 82,804 84,045 258 Finance Director 1025 66,531 68,589 70,710 72,897 75,151 77,475 79,872 81,069 82,285 83,519 259 Planning Director 923 62,346 64,274 66,263 68,311 70,424 72,603 74,848 75,971 77,110 78,267 260 City Engineer Pending 61,200 63,036 64,927 66,875 68,881 70,948 73,076 74,172 75,285 76,414 261 Supv. PW Ops & Maint. (Vacant) 894 49,723 51,261 52,846 54,481 56,165 57,903 59,693 60,589 61 ,498 62,420 262 Liquor Ops Mgr 876 49,166 50,687 52,254 53,870 55,536 57,254 59,024 59,909 60,808 61,720 263 Building Official 815 48,851 50,363 51,920 53,526 55,181 56,888 58,648 59,528 60,420 61,327 264 EngineerTechnician 800 48,728 50,190 51,696 53,247 54,844 56,490 58,184 59,057 59,943 60,842 265 Exe See/Deputy Clerk 780 48,119 49,608 51,142 52,724 54,354 56,035 57,769 58,635 59,515 60,407 266 Planning Asst-a) 704 43,098 44,431 45,806 47,222 48,683 50,188 51,740 52,516 53,304 54,1 04 267 Sr Acct Clerk 569 38,600 39,794 41,025 42,294 43,602 44,950 46,341 47,036 47,741 48,457 268 Utility Lead Worker - b) (Dan) Pending 41,813 43,358 44,881 46,426 47,950 49,495 51,019 0 0 0 269 Utility Operator - b) (Joe LJBruce) 550 39,279 40,625 41,994 43,341 44,709 46,100 47,425 0 0 0 270 Light Equip Operator - b) (See below 536 37,199 38,546 39,914 41,261 42,629 44,021 45,345 0 0 0 271 Liquor Mgr, Asst - c) 534 32,646 33,656 34,697 35,770 36,876 38,022 39,201 39,788 40,385 40,991 272 Secretary (Twila) 517 33,997 35,049 36,133 37,251 38,403 39,591 40,815 41,427 42,048 42,679 273 Communications Tech 501 32,660 33,670 34,711 35,785 36,892 38,033 39,209 39,797 40,394 40,999 274 Recep/Secr (Pat) 497 31,382 32,353 33,353 34,385 35,449 36,545 37,675 38,240 38,813 39,396 275 Accounting Clerk 475 29,637 30,526 31,442 32,385 33,356 34,357 35,388 35,919 36,457 37,004 276 Clerical 435 26,741 27,568 28,420 29,300 30,206 31,140 32,103 32,584 33,074 33,569 277 Frr Liquor Clerk " 430 25,504 26,270 27,058 27,869 28,705 29,567 30,454 30,910 31,374 31,845 278 Frr Liquor Clerk (Lead Clerk) 425 23,186 23,881 24,598 25,336 26,096 26,879 27,685 28,100 28,522 28,950 279 Li uor Clerk 416 19,495 20,098 20,719 21,360 22,021 22,702 23,404 23,755 24,111 24,473 280 . . City of Shorewood 1218/2004 . . CITY OF SHOREWOOD RESOLUTION NO. 04- A RESOLUTION SETTING LICENSE, PERMIT, SERVICE CHARGES AND MISCELLANEOUS FEES WHEREAS, the fees that residents shall pay to the city for the licenses, permits, services charges and miscellaneous fees shall be determined from time to time by the Shorewood City Council; and NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood that certain fees are set as follows: Description Reference New Fee Water Service 903.09.1a $35.00/qtr 1st 10,000 gallons; plus $ 2.95/1,000 gallons in excess of 10,000 gallons up to 50,000 gallons; and 3.75 per 1,000 gallons in excess of 50,000 gallons per quarter. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 13th day of December, 2004. Woody Love, Mayor Craig W. Dawson, City Administrator iFCff CITY OF SHOREWOOD RESOLUTION NO. 04- A RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS WHEREAS, the City Council has levied for, and budgeted the transfer of monies for capital improvements and purchases in its 2004 General and Capital Budgets. THEREFORE, BE IT RESOLVED by the City Council of Shorewood that the following amounts are hereby authorized to be transferred between the following funds: TRANSFER FROM General Fund General Fund General Fund General Fund General Fund Stormwater Management Liquor Fund General Fund TRANSFER TO Equipment Replacement Fund Street Reconstruction Fund Public Facilities Fund Stormwater Mgmt Fund Park Capital Improvement Fund Sewer Fund (for debt service) General Fund Land & Open Space Fund AMOUNT 50,000 183,500 50,000 25,000 10,000 30,000 30,000 5,000 ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 13th day of December, 2004. ATTEST: WOODY LOVE, MAYOR CRAIG W. DAWSON, CITY ADMINISTRATOR/CLERK . . ::IF q F \ . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128 . www.cLshorewood.mn.us . cityhall@cLshorewood.mn.us MEMORANDUM TO: FROM: DATE: SUBJECT: City Council Craig W. Dawson, City Administrator fj:) December 6, 2004 Recommendation(s) of Appointment to MCWD . The terms of two positions on the Board of Managers of the Minnehaha Creek Watershed District (MCWD) are expiring on March 8, 2005. Six of the managers are appointed by the Hennepin County Board of Commissioners, and one is appointed by the Carver County Board of Commissioners. Two of the positions expiring in 2005 are in Hennepin County. Minnesota Statutes 103D.311 discusses the procedure for appointments to watershed boards; Subdivision 3 relates to districts within the metropolitan area. "(a) ... If a district is wholly within the metropolitan area, the county commissioners shall appoint the managers from a list of persons nominated jointly or severally by the towns and municipalities within the district. The list must contain at least three nominees for each manager's position to be filled. The list must be submitted to the county boards affected by the watershed district at least 60 days before the manager's term of office expires. . . . . "(b) If the list is not submitted 60 days before the managers' terms of office expire, the county commissioners must appoint the managers from eligible persons residing in the watershed district. "( c) Managers of a watershed district entirely within the metropolitan must be appointed to fairly represent the various hydrologic areas within the watershed district by residence of the manager . appointed. " Accordingly, the City Council may submit the names of residents it would like to have appointed to the watershed board. The County Board must consider names submitted to it by January 8; the County Board has discretion about the weight it gives to any names forwarded after that date. The City Council's first meeting in 2005 is on January 10. Current Status: The terms of Hennepin County residents Pamela Blixt and Richard Miller are expiring in March 2005. Both managers are expected to seek reappointment. ft t.J PRINTED ON RECYCLED PAPER ~ 2 RECOMMENDATION: No information has been received from persons wishing to be appointed to the MCWD Board. A Resolution for appointment, with the nominee's name left blank, has been drafted for Council consideration. . If the Council decides to nominate this evening, it is recommended that the Councll adopt the resolution regarding appointment(s) to the MCWD Board of Managers. . If the Council decides not to nominate this evening, it is recommended that the Council continue this item to the January 10, 2005, meeting. ~ . . - . . CITY OF SHOREWOOD RESOLUTION NO. 04 - A RESOLUTION SUPPORTING APPOINTMENT OF AND TO THE MINNEHAHA CREEK WATERSHED DISTRICT BOARD OF MANAGERS WHEREAS, the City of Shorewood lies partially within the Minnehaha Creek Watershed District (MCWD); and WHEREAS, the Shorewood City Council has considered several persons residing within the MCWD for nomination to the MCWD Board of Managers; and WHEREAS, the Shorewood City Council recognizes the value of by highly competent persons who are committed to maintaining good working relationships with other units of government; NOW, THEREFORE, BE IT RESOLVED, that the Council of the City of Shore wood hereby supports the appointment of and by the Hennepin County Board of Commissioners to the MCWD Board of Managers for three-year terms. Adopted by the City Council on December 13, 2004 Woody Love, Mayor ATTEST: Craig W. Dawson, City Administrator/Clerk CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236 FAX (952) 474-0128 . www.cLshorewood.mn.us · cityhall@cLshorewood.mn.us MEMORANDUM TO: FROM: DATE: SUBJECT: City Council Craig W. Dawson, City Administratorc~ December 9, 2004 P 2005 Prosecution Services . The City of Shorewood has retained Kenneth N. Potts for prosecution services for several years. Mr. Potts prosecutes on behalf of three of the four cities in the SLMPD. He also serves as the general counsel for the SLMPD. The SLMPD staffis very pleased with Mr. Potts's service in prosecuting cases, and is very supportive of his continuing service as Shorewood's prosecutor. The cities of Shorewood, Tonka Bay, and Excelsior have retained Mr. Potts' s services under separate contracts fOJ;some time. This arrangement provided efficiency to SLMPDofficers' time in the preparation of cases and at court, and has" also providedeconomyt6the cities fot:' prosecutor costs. . The City Council approved Mr. Potts's services agreement for 2004, and the annual fee in the agreement is $20,500. Council preferred to take this year to work with the other two cities to evaluate continuing our joint-proposal/separate-contract arrangement for services. These efforts did not make much progress on the.stafflevel during 2004 as there was key stafftumover among the cities during the year. My counterparts have committed to me that we will do so in 2005. Performance: Council had requested that some indicators ofperformance be developed regarding . services rendered. Mr. Potts's monthly reports during 2004 show, on average, between 15 and 30 hours of service tendered. Mr. Potts today provided me with information on the disposition of cases through November 2004. There have been approximately 165 Shorewood cases ending in guilty pleas or guilty verdicts. There are currently another 25 Shorewood cases on the docket. For 2004, Mr. Potts's services have averaged a little over $100 per guilty case. The data on the disposition summaries indicate the total fines paid, but I have not tallied them nor estimated what portion of them ends up at the City. It is fair to say that fmes at least partially offset the City's costs of prosecution. Proposal: Mr. Potts has proposed to continue services in 2005 at the same fee as 2004. He has told me that he plans to reassess his services and fees to the three cities individually and collectively after next year. His approach and the cities' appear to be on similar paths. RECOMMENDATION: Staff recommends that the City Council accept and approve the continuation of prosecution services per the December 9, 2004, letter from Kenneth N. Potts, P .A.. ft ~.1 PRINTED ON RECYCLED PAPER :#qtJ , KENNETH N. POTTS, P.A. Attorney at Law 5101 Thimsen Avenue Suite 200 MINNETONKA, MINNESOTA 55345 TELEPHONE (952) 474-4240 TELECOPIER (952) 474-0987 December 9, 2004 Mr. Craig Dawson City Administrator City of Shorewood 5775 Country Club Road Shorewood, MN 55331 Re: Prosecution Services . Dear Mr. Dawson: Enclosed please find the dispositions that you requested that I provide. These dispositions are through November 23, 2004. I estimate that I have prosecuted approximately 200 cases for the City of Shorewood. I would continue on as the prosecuting attorney for the City of Shorewoodat the same rate in 2005 for which I was compensatedin 2004... ThankyouJoryour attention to this matter and I look forward to working for the City in the next year. Sincerely, h . Kenneth N. Potts . KNP/sb r--.:::-- lEi..,.",., . IT\! DEe - 9 2004 errv Ol: ,...., i ' "l.~: ;;)nOREWOnU"~ ~-'--=-=.~~;:-J CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236 FAX (952) 474-0128. www.cLshorewood.mn.us.cityhall@cLshorewood.mn.us ,MEMORANDUM. TO: Mayor and City Council Craig Dawson, City Administrator FROM: Larry Brown, Director of Public Works . RE: December 10, 2004 Update on Radiss~ Road DATE: A public infotmation meeting was 'conducted on December 2, 2004, to receive input for safety improvements under consi~eration for Radiss~n Road. The meeting was well attended; Staff will provide a verbalsummary,of comments received at that meeting to the City CounciLon Monday night. . ft ~~ PRINTED ON RECYCLED PAPER .:II- Jolt