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082304 CC Reg AgP .0; \. ,/ CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, AUGUST 23, 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 Lizee Zerby _ Turgeon _ 2. APPROVAL OF MINUTES A. City Council Special Meeting Minutes, August 9,2004 (Att. - Minutes) B. City Council Regular Meeting Minutes, August 9, 2004 (Att.- Minutes) C. City Council Work Session Minutes, August 9, 2004 (Att. - Minutes) 'I 3. CONSENT AGENDA - Motion to approve items on Consent Agenda & Adopt Resolutions Therein: NOTE: Give the public an opportunity to request an item be removedfrom the Consent Agenda. Comments can be taken or questions asked following removal from Consent Agenda. A. Approval of the Verified Claims List (Att.- Claims List) B. Staffing - No action required C. Authorizing Submittal of the 2004-2005 Winter Trail Activities Permit (Att. - Winter Use Permit) D. Authorization of Performance Pay for Liquor Store Manager (Aft. - City Administrator's memorandum) 4. MATTERS FROM THE FLOOR (No Council action will be taken.) 5. REPORTS AND PRESENTATIONS 6. PUBLIC HEARING ( ),' CITY COUNCIL AGENDA - August 23, 2004 PAGE20F2 7. PARKS - Report by Representative A. . Report on Park Conunission Meeting Held August 10,2004 (Att.- Draft Minutes) 8. PLANNING - Report by Representative A. Barrington POO Final Plan and Final Plat (Att. - Draft Resolution and Development Agreement) Applicant: Location: Brian HaIju (Capestone Builders) 20755 and 20775 Manor Road 9. GENERALINEW BUSINESS A. Approval of 2005 Funding for SLMPD (Att. - City Administrator's memorandum) 10. ENGINEERINGIPUBLIC WORKS A. Southwest LRT Trail Crossing at County Road 19 (Att. - Public Works Director's memorandum) B. Rejecting Bids for the County Road 19 Intersection Project (Att. - Public Works Director's memorandum, Resolution) 11. STAFF AND COUNCIL REPORTS A. Administrator & Staff 1. CR 19 Construction Update 2. Timber Lane Watermain B. Mayor & City Council 1. Liquor Committee Reconunendations from Liquor Marketing Study (Att. - Liquor Committee's memorandum) 12. ADJOURN CITY OF SHOREWOOD CITY COUNCIL MEETING AUGUST 23, 2004 PUBLIC SIGN-IN SHEET For the record, please print your name and address below. Thank you. Name f f r / 1. rlfu~ V~Jj1 /-I OC{ ~ ill 2. Address 2LI7/() AMJee pj I , 3. E J,' -It'-be +J.. ~Yt I I 0.SJ IIJ (;Jeter Y'" ~ 2ro~1J M ~ 5. Q~@~ s'l"JO:- a~"- pu?tL- 6. Chv\.s S,e lo?\lJ 31 bve.:klAR\A\ ~ lDc.Qj) ~obZ.S- ~>v.J<M 7. C ?trRr l\J\dLmJ vfi~r:; 1~1J ~ 8. 9. 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 Executive Summary Shorewood City Council Regular Meeting Monday, 23 August 2004 . Agenda Item #3A: Enclosed is the Verified Claims List for Council approval. Agenda Item #3C: Three Rivers Park District allows the City to use the Southwest LRT trail in winter months subject to a Winter Trail Activities Permit. Staff has prepared the permit application; the activitieslisted on the 2004-2005 permit are unchanged from last winter. Agenda Item #3D: The 2003 audited data finally came in, and the Liquor Committee determined that the Liquor Operations Manager earned $5,000 for performance pay. The Committee also concurs with staff that, for reasons stated in the memorandum, that performance pay be discontinued and an adjustment in salary be l)'lade. . Agenda Item #7 A: A report on the August 10, 2004, Park Commission work session will be provided this evening. Agenda Item #8A: . Capestone Builders has submitted their final plan and final plat for the Barrington P.U.D. Approval should be subject to the City Engineer's review and approval of final plans and specifications,. and the City Attorney's comments with respect to the Development Agreement and the Master Declaration for the project. Agenda Item #9A: The Police Coordinating Committee has forwarded a proposed 2005 Budget to the City Council for your consideration. It is recommended that the City Council approve the proposed budget, as submitted. Agenda Item #1OA: The City is in receipt of a request to designate the Hennepin County Light Rail Transit Trail at County Road 19, as an official trail crossing. Under State Statute, this would result in all vehicles yielding right of way to pedestrian traffic. Staff has discussed this petition with the South Lake Minnetonka Police and with Hennepin County Transportation Officials. .... ~J PRINTED ON RECYCLED PAPER Executive Summary - City Council Meeting of 23 August 2004 Page 2 of 2 City Staff has voiced strong concerns to Hennepin County regarding the designation of this crossing as a marked crosswalk. Despite City Staff's concerns over this issue to the County, the County has already performed this installation. Agenda Item # 1 OB: Staff is recommending approval of a resolution that rejects the bids for the County Road 19 - Smithtown Road Improvement Project. Agenda Item # liB 1 : The Liquor Committee has received the Liquor Marketing Study performed by Dakota Worldwide, Inc., and has reviewed its recommendations. At this time, the Committee believes that the best course of action is not to construct a third liquor store at this time, and to revisit the matter during the200Q budget process. . . CITY OF SHOREWOOD CITY COUNCIL SPECIAL MEETING MONDAY, AUGUST 9, 2004 5755 COUNTRY CLUB ROAD CITY HALL CONFERENCE ROOM 6:30 P.M. MINUTES 1. CONVENE SPECIAL MEETING Mayor Love called the meeting to order at 6:40 P.M. DR n r'~>"!i .. rt......;:, ~..i;lI.. i~ '-"(: '~. "., '.~_.. ", 1f..:J W' A. Roll Call Present: Mayor Love; Councilmembers Garfunkel, Lizee, Turgeon, and Zerby, Administrator Dawson Absent: None . B. Review Agenda I Mayor Love reviewed the Agenda, noting the sole purpose of the meeting was to interview a candidate for appointment to the City's Park Commission. 2. INTERVIEW CANDIDATE FOR MCES ADVISORY BOARD One candidate, Todd Wagner of 26145 Oak Leaf Trail, was interviewed for appointment to the Planning Commission. 3. ADJOURNMENT Lizee moved, Garfunkel seconded, adjourning the City Council Special Meeting of August 9,2004, at 6:53 P.M. . RESPECTFULLY SUBMITTED. Sally Keefe Recording Secretary Woody Love, Mayor Craig W. Dawson, City Administrator JfJA CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, AUGUST 9, 2004 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING DRAFT Mayor Love called the meeting to order at 7:02 P.M. A. Roll Call Present: Mayor Love; Councilmembers Garfunkel, Lizee, Turgeon, and Zerby; Administrator Dawson, Attorney Keane, Engineer Brown, Finance Director Burton, and Planning Director Nielsen Absent: None . B. Review Agenda Mayor Love reviewed the Agenda for the meeting. Councilmember Turgeon requested Item 7B, An Appointment to the Park Commission, be added to the Agenda for the evening. Lizee moved, Zerby seconded, Approving the Agenda as amended. Motion passed 5/0. 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes, July 26, 2004 Garfunkel moved, Turgeon seconded, Approving the City Council Regular Meeting Minutes of July 26, 2004, as presented. Motion passed 5/0. 3. CONSENT AGENDA . Garfunkel moved, Zerby seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein: A. Approval of the Verified Claims List B. Adopting RESOLUTION NO. 04-063, "A Resolution Appointing 2004 Primary and General Election Judges." C. Adopting RESOLUTION NO. 04-064, "A Resolution Approving Plans and Specifications and Authorizing Advertisement for Bids for Bituminous Overlays Project, City Project 04-06." D. Adopting RESOLUTION NO. 04-065, "A Resolution Accepting Bids and Awarding Contract for the Shady Island and Birch Bluff Station Rehabilitation Project, City Project 04-03." E. Approval of the Second Amendment to the Lease with the Friends of the Southshore Center F. Adopting RESOLUTION NO. 04-066, "A Resolution Approving the Final Plat of Smith Manor Park." #~ CITY COUNCIL REGULAR MEETING MINUTES August 9, 2004 Page 2 of7 G. Approving a Sign Permit Request for South Lake Minnetonka Police Department, 24150 Smithtown Road Motion passed 5/0. 4. MATTERS FROM THE FLOOR Wong Van, 24710 AmIee Road, stated he was present this evening to once again ask for additional police patrol along County Road 19 in the vicinity of the LRT trail crossing due to reckless driving taking place in recent months. He also stated he wanted to remind the City of the need for notification of the trail crossing issue being placed on a City Council Meeting Agenda in the future. Administrator Dawson stated the City had notified South Lake Minnetonka Police Department Chief Litsey of the request for additional patrol after the most recent Regular City Council meeting. Engineer Brown explained he had contacted Bob Byers, of Three Rivers Park District. Mr. Byers stated Hennepin . County was indeed willing to install signage at the crossing, but was not willing to fund and install a flashing warning signal. Mr. Byers had also stated the County would be willing to stripe the crossing once, however, the City would then be required to maintain the striping of the crossing for the future. Engineer Brown stated he was awaiting a written response from Chief Litsey and Mr. Byers on this issue. He also noted Mr. Byers was an employee of the Three Rivers Park District and not Hennepin County Department of Transportation; however, efforts were continuing on the issue. In response to Councilmember Lizee's question, Engineer Brown stated signage does not change the status of a crossing regardless of whether that crossing is a pedestrian crossing on a City street or otherwise. He also questioned whether additional hazards would be placed for motorists if they had to stop for pedestrians crossing County Road 19 to utilize the trail. He stated he was continuing to work through the appropriate communications processes; however, it was a bit confusing at this point. He stated he would provide a report as part of the August 23,2004, Regular City Council Meeting Agenda. 5. REPORTS AND PRESENTATIONS A. Community Rec. Resources Quarterly Report . Engineer Brown reported Community Rec. Resources (CRR), the City's consultant for Park Coordinator services, continued to provide excellent services. He summarized a report submitted by the firm noting there had been increased communication with sports organizations due to the inclement weather of spring. He also stated there continued to be some difficulty in obtaining completed documentation from sports organizations prior to field usage, and additional processes were being considered to mitigate those concerns. In addition, Engineer Brown stated CRR had held the Fall Information Meeting on June 21,2004. Mayor Love thanked him for a good report, and noted while two years ago he had been hearing concerns for field use, and he was no longer hearing those same concerns. He thanked CRR and City Staff for efforts given toward mitigating those concerns. B. Request for Funding Support for the Southshore Senior/Community Center Joyce Flury, Director of the Southshore Senior Community Center, stated she was present this evening to clarify any questions Council may have had regarding a letter requesting funding for the Southshore Senior Community Center from the City in its 2005 Budget. She then reviewed funding sources for the Center and its programming. CITY COUNCIL REGULAR MEETING MINUTES August 9, 2004 Page 3 of7 Councilmember Zerby questioned why the proposed budget figures for the Center showed operating at a deficit for 2005. Ms. Flury explained additional funding would typically be received from United Way to cover the cost ofthe deficit; however, the exact amount was uncertain until it arrived. Mayor Love thanked her for being present this evening with her request. 6. PUBLIC HEARING There were no public hearings scheduled this evening. 7. PARKS A. Report on the Park Commission Work Session of July 27, 2004 . Engineer Brown reported on matters considered and actions taken at the Park Commission Work Session Meeting of July 27,2004 (as detailed in the minutes of that meeting). B. An Appointment to the Park Commission Administrator Dawson explained interviews for filling a vacancy on the Park Commission had taken place earlier in the evening at a Special Meeting for this purpose. He stated Council had recommended Todd Wagner of Oak Leaf Trail to fill a vacant Park Commissioner seat for a term to expire on January 31,2006. Lizee moved, Garfunkel seconded, Adopting RESOLUTION NO. 04-067, "A Resolution Making a Park Commission Appointment." Motion passed 5/0. 8. PLANNING . Commissioner Conley reported on matters considered and actions taken at the August 3, 2004, Planning Commission Meeting (as detailed in the minutes of that meeting). A. Conditional Use Permit - Two Houses on One Lot (Temporary) Applicant: Gretchen Sebald Location: 20625 Garden Road Director Nielsen explained the history of the request, noting in February of 2000, Chris and Gretchen Sebald, 20265 Garden Road, were granted a conditional use permit allowing them to leave their existing home in place while they constructed a new home on the property. The Sebalds did not use the C.U.P. within one year and it had since expired. They had now decided to go forward with the project and had requested that the c.u.P. be approved once again. He went on to explain the history of the case and noted the issues associated with this request remained the same as in the original report. Director Nielsen stated the subject property was zoned R-IA, Single- family Residential and contained 44,885 square feet of area. The property was currently occupied by the Sebalds existing house and two detached garages. They intended to live in the existing house while a new home was being built. Once the new house was completed, the old one would then be demolished. The two garages located on the east side of the lot were both nonconforming. The southerly garage extended over the east property line, and based upon the proposed site plan, the northerly one would be removed. Director Nielsen also explained that the applicant's were informed that the garage either needed to be removed or brought into conformity with the current Zoning Code. Director Nielsen concluded by CITY COUNCIL REGULAR MEETING MINUTES August 9, 2004 Page 4 of7 stating approval was recommended subject to the conditions previously imposed in the original request for C.U.P. Director Nielsen also stated the resolution for this matter should show a deadline for removal of May 31, 2005. Zerby moved, Lizee seconded, Adopting RESOLUTION NO. 04-068, "A Resolution Granting a Conditional Use Permit for Two Dwellings on One Lot for Chris and Gretchen Sebald." Motion passed 5/0. B. Site Plan Approval- Shorewood Village Center Entrance Director Nielsen explained representatives of the Shorewood Village Shopping Center had requested site plan approval to reconfigure the Center's southeast entrance near the intersection of State Highways 7 and 41. At present, this entrance was intended to be a right-in only, with the main entry/exit to the site west of the intersection, directly in front of the CUB Foods store. He noted the southeast entrance had confused motorists and posed safety problems when traffic attempted to exit the site from that location. Signage had proven relatively ineffective in preventing people from exiting there. In addition to . improving the safety of the site, the Center had hoped to provide a more convenient entry and exit for the east side of the Center, particularly since there was an intention to locate a drug store on the property in that area in the near future. He noted there remained issues of concern with regard to circulation and traffic flow in the Center, and a number of complaints had been received regarding how the intersection worked since the Center had been completed. The developer had hired a consultant who had submitted plans to the City for a revision to the entrance. Director Nielsen then reviewed the proposed plan with Council for reconfiguration of the entrance. The City had also requested WSB & Associates review the proposed plan and after review, had suggested more a "T" -style design to the entrance. He went on to explain additional signage would also need to be posted in the area of the proposed entrance, noting there would be a right turn only onto westbound Highway 7 as well as signage noting incoming traffic would not stop. Director Nielsen also explained the Planning Commission had reviewed the proposal and had suggested other options. Those suggestions were currently under review by WSB. Engineer Brown stated his concern that representatives of MNDOT had rejected a design of this style . previously, as they had believed it to be ineffective, particularly in the enforcement of the prohibition of exits from the site. Director Nielsen also stated MNDOT was no longer holding authority over the site since the service road maintenance had been returned to the City. Councilmember Turgeon stated she was concerned for people trying to get onto Highway 41 who would be forced to remain in the intersection queuing area due to motorists wanting to access the proposed southeast entrance. She also stated she was concerned for the ineffective signage currently posted in that area, and questioned whether additional signage would be beneficial. Director Nielsen explained signage placed in the area around the Center was consistent with street signage regulations. Discussion ensued regarding the logic of the traffic flow patterns in the area of the Center and how it related to the proposed entrance. Turgeon moved, Lizee seconded, Approving the Site Plan, subject to Engineer's Review of Final Plans and Specifications, and Council review of Final Plans and Specifications. Motion passed 5/0. C. Tax-Forfeit Property Director Nielsen explained Hennepin County had informed the City that a parcel of land had come up for tax forfeiture. This parcel was part of the Water's Edge 4th Addition, a four-lot subdivision located at CITY COUNCIL REGULAR MEETING MINUTES August 9, 2004 Page 5 of7 Manor Road and Vine Street. The parcel was actually under water and constituted a large portion of "Foot Lake," which was not a lake, but a wetland. This parcel was supposed to have a conservation easement placed on it as part of the final plat for Water's Edge. However, there was no record that such an easement was recorded. He went on to explain this was an opportunity for the City to take ownership of conservation open space, and was considered to b every consistent with the City's Land Conservation and Environment Committee report directed toward acquiring land for open space purposes. Zerby moved, Lizee seconded, Adopting RESOLUTION NO. 04-069, "A Resolution Making Application for Conveyance of Tax-Forfeited Lands for Public Purposes." Motion passed 5/0. 9. GENERALINEW BUSINESS A. Yard Waste Service . Administrator Dawson explained at the April 12, 2004, Work Session meeting, Council had discussed yard waste disposal options for Shorewood residents. Council discussed the options presented at that meeting and concluded the City would provide a spring clean-up service for yard waste in 2004; but would not provide a fall clean-up service in 2004 and also would not provide a spring clean-up service for yard waste starting in 2005. Councilmember Lizee stated she thought the yard waste service was beneficial to City residents, and she did not wish to see the service lost at this time. Administrator Dawson explained specific yard waste collection services were available to residents through their refuse haulers. Also, historically, it was difficult to determine when the appropriate time for collection would be each fall since "leaf drop" varied each year; thus, the service was not cost- effective for the City to provide. . Council affirmed yard waste services would not be provided by the City for the Fall Clean-up in 2004. 10. ENGINEERINGIPUBLIC WORKS Engineer Brown stated he would cover engineering issues of concern in the next item on the Agenda. 11. STAFF AND COUNCIL REPORTS A. Administrator & Staff 1. County Road 19 Intersection Project Engineer Brown explained bids had been obtained and opened for the County Road 19 project, and there were a number of overages, specifically the project "came in" 33% over estimated cost. WSB & Associates had calculated cost split totals for all parties involved in the project. He stated further review would continue and revenues were being examined to allow the project to move forward. He also stated Staff was meeting with County officials and WSB to determine additional funding sources for the project, and he would report back at the next Regular City Council meeting. He also reported an informational Open House meeting had been held on August 4, 2004, regarding storm water issues within the City. Comments were continuing to be received via email and regular mail, and would be collected for historical documentation and prioritization purposes. Also, another Open CITY COUNCIL REGULAR MEETING MINUTES August 9, 2004 Page 6 of7 House meeting had been held regarding the Timber Lane Watermain project and feedback continued to be received by City Staff regarding support for City water in that area. He would report back on these matters at the next Regular City Council meeting as well. B. Mayor & City Council 1. Mayor's Report on SLMPD Coordinating Committee Mayor Love explained at the August 4, 2004, meeting of the South Lake Minnetonka Police Department (SLMPD) Coordinating Committee, the Excelsior City Council had forwarded a proposal to address concerns it had with the Joint Powers Agreement (JPA) for the SLMPD. Administrator Dawson summarized the highlights of the proposal including the idea that Excelsior would pay the pro-rata share remaining in its contribution to receive "enhanced" services provided to the other member cities, but it would not amend its official contribution for 2004. Also, a panel would be appointed with two members from each member city, with no more than one councilmember appointed, and no mayor appointed. A mediator would then work with the Panel. The Panel would evaluate a . number of issues including potential conflict resolution mechanisms to be placed within the JP A; governance of the SLMPD; mechanisms for oversight and accountability of SLMPD; the propriety of the current operating budget funding formula; and any other issues any party may have regarding the long- term viability of the JP A. This Panel process would be concluded by November 30, 2004, and would then be forwarded to the member cities for review. He further explained the City of Excelsior requested the member cities review and respond to this proposal. Mayor Love stated he believed accountability issues would be resolved through televising the meetings, and he further believed binding arbitration would be the best way to resolve issues for member cities. He stated while the funding formula was not perfect, it was good, and every City should have the opportunity to present what was best for that city. Councilmember Turgeon believed the use of residents in the process was a good one; however, she was quite concerned for implementation of the proposed Panel, as elected officials had gotten thus far in the process and should be expected to resolve issues remaining. She also stated elected officials were . required to meet in public meetings and a panel such as this one may not have to do so. Furthermore, she did not believe any City would wish to waive its right to participate in the process of resolution, although it was very obvious the dynamics of the Coordinating Committee would not allow resolution to take place. To that end, she proposed the current Coordinating Committee members step aside and allow their alternates to participate. These alternates were fully aware of issues of concern and would be able to bring resolution by the November deadline. Councilmember Garfunkel stated the resolutions presented would still need to be approved by member Councils and he did not see the dynamics changing enough to allow that to happen. He further stated the real issue was, and continued to be, the funding formula for each member cities' contribution. Mayor Love stated while he did not disagree, he believed it important to make the budget whole and separate that idea from funding formula issues that continued to cloud discussions. He stated he would like to see a joint meeting of member Councils to attempt to bring resolution to these issues. He also stated no divisiveness was found in the Coordinating Committee members; however, there remained four Councilmembers in Excelsior that dissented in making the budget whole. Councilmember Garfunkel stated a Joint meeting of the Councils had taken place and no one capable of bringing resolution would allow discussion on the real issue of the funding formula. . . CITY COUNCIL REGULAR MEETING MINUTES August 9, 2004 Page 7 of7 Mayor Love stated he was very willing to look at the formula, but also wanted to look at equity between cities. Utilizing an ad valorem funding mechanism was but one option to consider, noting utilization of this formula and other options could force increased contributions for all cities. Councilmember Zerby questioned whether there were other JPA's in the State or Country that could be examined for funding ideas. Administrator Dawson stated there were few in the State; most of them were utilized for contractual agreements of services and equipment. There were very few in the United States as well. Mayor Love renewed his request for all Councils to participate in a joint meeting to discuss resolution with binding arbitration available as part of that resolution. Councilmember Turgeon stated she thought the City of Excelsior needed to provide more identifiable items of concern prior to the resolution process taking place. She stated she thought Excelsior should either participate in the JP A wholeheartedly or remove itself from it. She believed all member cities were willing to waive the additional $25,000 payment from Excelsior as all parties seemed willing to participate in resolution at this time, it was time to move forward with binding resolution. Mayor Love stated he thought the Coordinating Committee viewed matters similarly and efforts were being directed at providing public oversight to manage the issues related to resolution so that budgetary efforts could move forward. He stated he would report comments heard this evening to the Coordinating Committee at the next available opportunity, and he thanked Council for their continued support. 12. ADJOURN Zerby moved, Turgeon seconded, Adjourning the August 9, 2004, Regular City Council Meeting at 8:37 P.M. Motion passed 5/0. RESPECTFULLYSUBNUTTED, Sally Keefe, Recording Secretary Woody Love, Mayor Craig W. Dawson, City Administrator < . . CITY OF SHOREWOOD CITY COUNCn. WORK SESSION ~ONDi\Y,i\lU(;lUST9,2004 5755 COUNTRY CLlJB ROi\D COlUNCn. CHi\~BERS 6:00 P.~. MINlUTES DRAfl 1. CONVENE CITY COUNCIL WORK SESSION Mayor Love called the meeting to order at 8:50 P.M. i\. Roll Call Present: Mayor Love; Councilmembers Garfunkel, Lizee, Turgeon, and Zerby, Administrator Dawson; Engineer Brown; Finance Director Burton, and Planning Director Nielsen Also present: South Lake Minnetonka Police Department (SLMPD) Chief Litsey Absent: Attorney Keane B. Review i\genda Mayor Love reviewed the Agenda for the meeting this evening. Councilmember Zerby requested, in the interest of Chief Litsey's time, Item 3B be moved to Item 2 on the Agenda for this evening. Zerby moved, Turgeon seconded, i\pproving the i\genda as i\mended. ~otion passed 5/0. 2. SOlUTH Li\KE MINNETONKA. POLICE DEPi\R~NT 2005 OPEMTIN(; BlJD(;ET Administrator Dawson explained the SLMPD Coordinating Committee met August 4, 2004, and by consensus forwarded a proposed budget that would increase the cities' contributions by 4.1 %, compared to the budget it recommended for 2004. He also noted the proposed budget would not address the lower- than-recommended level of undesignated funds in the department's operating balance, or the establishment of a capital long-term maintenance fund. He went on to explain the implications of the proposed budget for the City, noting there were two scenarios illustrated showing results should Excelsior choose not to increase its contribution for 2005 and other member cities would then continue the current "enhanced" service levels. To maintain the current service level, he explained, Shorewood's contribution would become $697,762, or 5% more than 2004. If the three cities chose to contribute to the Coordinating Committee's consensus budget, Shorewood's contribution would be $717,861, or 8.3% more than 2004. He went on to explain Council had the option of acting on the requested contribution for the budget and contingencies could also be made within the City's budget for 2005 to allow for either option. SLMPD Chief Litsey explained on July 21, 2004, the SLMPD Coordinating Committee had held a Work Session where three different scenarios and implications of each option had been presented. He stated the three scenarios included consideration of restoration of the budget in moving forward for the next year, keeping the budget as was currently being handled with three member cities receiving enhanced service levels, and a worst-case scenario of no increase whatsoever for all member cities. He stated he remained hopeful after discussion held at that meeting that the base level budget could potentially be made whole and the budget could move forward for all member cities. In addition, he stated the current proposed budget respected Excelsior's decision to decrease the strain on the budget. He also noted the information sheet he had distributed this evening included contingency options. Chief Litsey then reviewed the various scenarios associated with the 2005 SLMPD Operating Budget. He explained restoration of th~ budget would include partial restoration of a now vacant clerical position and restoration of the Drug Task Force, as well as restoration of vehicle rotation. He stated proposed the :It Je. CITY COUNCIL WORK SESSION MEETING MINUTES July 12, 2004 Page 2 of3 '> budget did not contemplate a long-term capital maintenance fund, and restoration of the lower than recommended operational fund balance. Chief Litsey went on to explain the department was significantly understaffed currently. The reality to the numbers presented in this budget was that the only items left to cut were officers. He then shared data from other area municipalities as they related to the number of officers per population. He stated thus far the department had had the good fortune to have support of the Coordinating Committee and most Councilmembers in budgetary matters. Mayor Love stated he hoped efforts could be directed toward settling the budget, and that the issues related to the funding formula be separated from consideration of the budget by member cities. Mayor Love thanked Chief Litsey for his time, efforts, and hard work in preparing the budget for this year. 3. Ci\PITll ~ROVE~NT PRO(;M~ (CIP) 2005-2009 BlJD(;ET Engineer Brown reviewed the proposed CIP budget noting areas of change in the Equipment Replacement fund, Local Roadway fund, Municipal Water fund, Park Improvement fund, Public Facilities fund, and Storm Water fund. Also, he noted with regard to the Municipal State Aid funds, bid prices for the County Road 19 project had left no reserves in the MSA fund account through 2009 for the City. He also stated Council should anticipate the project cost would continue to increase due to unexpected contingencies such as soil contamination issues, etc., as the project moved forward. He stated he would continue to work within the guidelines of the MSi\ fund account options and the Local Roadway funds to supply short-term loan opportunities. . Also, with regard to the City Hall monies allocated under Public Facilities, Councilmember Turgeon stated she thought further full discussion with action should predicate the monies being allocated toward City Hall. Councilmember Garfunkel stated he thought it prudent to include some monies in the CIP as a planning measure. Engineer Brown stated roofing and siding needed to be completed in 2005 and was included an immediate "stop gap" measure until a complete plan could be determined by Council for City Hall. . 4. PROPOSED 2005 (;ENERi\L FUND OPEMTIN(; BlJD(;ET i\. Overview Administrator Dawson explained the general approach to the proposed 2005 General Fund Operating Budget had been to restore funding to traditional levels, to address matters that had been deferred, and to make additions that would enhance productivity and effectiveness. The budget requests were the result of careful consideration by Staff, guided by the direction of Council at its budget work session in June of this year. He noted Shorewood provided essential services at a very reasonable cost, with a very lean budget and small staff. Staff members continued to perform at a high level of economy and efficiency, and professional staff consistently spent extra hours to meet and exceed the high expectations of performance. He then reviewed the truth-in-taxation process and noted actions taken by the 2004 legislature, specifically noting the City was not subject to levy limits for 2005. Therefore, he stated, 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 the special levy amount was estimated to be $486,000. Administrator Dawson then reviewed the fund transfers, other funding sources, and highlights of 2005 Budget expenditures. ). . . CITY COUNCIL WORK SESSION MEETING MINUTES July 12, 2004 Page 3 of 3 Councilmember Zerby stated he would like to Staff to address options possible for reducing the tax levy to residents to below the proposed 13%, as it seemed high. B. Restructuring the Public Works Department Administrator Dawson explained the recent history of the Public Works Department and the need for restructuring it. He noted the restructuring discussed included a major change of separating infrastructure within the City. Currently the City Engineer and Director of Public Works were one position held by City Engineer Larry Brown. He stated the work level and resulting span of control were increasingly difficult for one position to perform both functions effectively. To that end, the restructuring of the Public W orlG Department included a split in these two positions. He then outlined how the two positions would be structured for the future. He also noted changes to the positions throughout recent history and implications for a change in the structure such as the one being proposed. Administrator Dawson stated Engineer Brown continued to be a great employee and the timing appeared appropriate for a change in infrastructure as proposed. In response to Mayor Love's question, Engineer Brown stated he was ready for a change such as the one being proposed. Engineer Brown also stated he took great pride in his work and it continually proved frustrating for him not to be able to complete the task asked of him by Staff, Council and residents in a timely manner. He stated his average work week was well in excess of 60 hours as found in the past four years of documentation. He stated it was becoming increasingly difficult to maintain this kind of dedication to the sacrifice of his own health and that of his family. He further stated, with Council's permission staff would like to have interviews completed for the City Engineering position for a January 1, 2005 start date. Councilmember Turgeon and Zerby complimented staff for providing the information requested in such a thorough manner. C. City Budget Review Administrator Dawson explained this item had been covered under Item 4A. 5. ADJOURN Turgeon moved, Zerby seconded, Adjourning the City Council Work Session Meeting of August 9, 2004, at 10:46 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Sally Keefe, Recording Secretary Woody Love, Mayor Craig W. Dawson, City Administrator ., PAYABLES APPROVALS For 8/23/04 Council Meeting . Prepared by: C tJ:t:hil i~ C fl 1,-'. Date: 15 - !7-{)4- Cathe1re BIke. S~ccAountant Reviewed by: ~~ Date: a/-;;;; Bonnie Burton, Fi e Director . Date: ()~./7.c4- wson, City Administrator =lf3/1 PAYROLL APPROVALS For 8/23/04 Council Meeting (!axtvA~ f~i Prepared by: ca~Accountant Reviewed by: ~ Bonnie Burton, Fin Director Date: 8-/7-0'1- . Date: 811/01 Date: O~./7. 04 . , 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: August 11, 2004 . TO: FROM: RE: Three Rivers Park District manages the Hennepin County Regional Railroad Authority (HCRRA's) Southwest LRT Regional Trail. It requires that cities maintain the Trail during the winter (November 15 through March 31) for specific activities listed in their Winter Use Permit. Staffhas prepared the 2004-2005 permit application with the following activities being identified: hiking, biking, snowshoeing, cross-country skiing, pet walking, and horseback-riding. These activities remain unchanged from last year. . RECOMMENDA nON Staff recommends that the City Council authorize the submission of the Winter Use Permit for 2004-2005 to Three Rivers Park District. ft \..1 PRINTED ON RECYCLED PAPER #-3G , SUBURBAN HENNEPIN REGIONAL PARK DISTRICT REGIONAL TRAIL SYSTEM 2004-2005 WINTER USE PERMlT Name of City Shorewood City Hall Phone 952-474-3236 Contact Person Craig W. Dawson Phone 952-474-3236 Regional Trail ~ through the City of Shorewood .- Authorized 2004-2005 Winter Activities hiking, bikinq, snow shoeinq. cross country skiing, pet walking and horseback riding Regional Trail Prom Authorized 2004-2005 Winter Activities to . Regional Trail Prom Authorized 2004-2005 Winter Activities to Regional Trail Prom Authorized 2004-2005 Winter Activities to Authorization is hereby requested from the Park District Board of Commissioners to use portions of the Regional Trail Corridor for winter use activities between November 15, 2004 and March 31, 2005, as determined by each municipality within guidelines set forth herein on District property located within individual City boundaries. It is understood and agreed that approval from the Park District Board of Commissioners is . contingent upon the following conditions: . · The City agrees to defend, indemnify, and hold harmless the Park District, its officials, officers, agents, volunteers, and employees from any liability, claims, causes of action, judgments, damages, losses, costs or expenses, including reasonable attorney's fees, resulting directly or indirectly from any act or omission of the City, its respective contractors, anyone directly or indirectly employed by the, and/or anyone for whose acts and/or omissions they may be liable for related to the winter use of the Regional Trail Corridor. If City maintains general liability insurance at the time this permit is issued, City shall provide the Park District with a Certificate of Insurance, naming Three Rivers Park District as an additional named insured. · The City agrees to maintain the trail, including, but not limited to, any plowing, sweeping, sanding, packing, trash pick-up, and sign replacement, between November 15, 2004-March 31, 2005. The City further agrees to immediately address all safety issues on or adjacent to trails. . d f . . . The City will provide signage at locations approved by the Park District, notifying the public of authorized winter activities within its city limits; activities may include, but are not limited to, hiking, biking, snowmobiling, cross-country skiing, snowshoeing, or pet walking. Winter use signs must be installed by the City at designated locations prior to November 15, 2004 and removed by the City no later than April 15., 2005. These signs are totally the responsibility of each municipality. . Snowmobiling is not allowed on asphalt trails. Permitted use for snowmobiles will be limited to direct crossing and/or in areas where the snowmobile trail is kept from running on paved trails and bridges. If snowmobiling is permitted, cities must take steps to keep snowmobiles from damaging paved trails, bridges and other property. . The City agrees to enforce rules and regulations established by the municipality as part of its request for a Winter Use Permit. . The City agrees to repair all trail surface damage that occurs as a result of winter trail activities and/or maintenance, including, but not limited to, bituminous/concrete repair, bridge deck repair, grading or adding aggregate pursuant to guidelines established by the Park District. . The City agrees that winter trail use will be available to all persons, regardless of residence. Each City is required to submit its annual permit requests, including proposed rules and regulations, by September 30, 2004, after which the Park District may take up to 45 business days to process. Each permit request must be submitted as a result. of formal City Council action, with accompanying verification, agreeing to the terms and conditions outlined by the Park District's Winter Use Permit. It should be further understood that no winter activity will be allowed on segments of the Regional Trail Corridor where municipalities do not request and receive permits. The Park District reserves the right to terminate a permit at any time, if the conditions set forth herein are not followed. Signed: Date: Title: (Authorized Representative of the City) 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: City Council Liquor Committee e1J Craig W; Dawson, City Administrator .. August 19,2004 Performance Pay for Liquor Operations Manager DATE: SUBJECT: . Performance Pay for2003: The Liquor Committee has considered the items for which the Liquor Operations Manager is eligible for pay for performance in 2003. It has determined that he has earned $5,000. City Council action is required to formalize this payment. Discontinuance of Performance Pay: In reviewing this matter this time, the Committee agreed with staff that it is appropriate to discontinue performance pay for the Liquor Operations Manager and make an adjustment in salary. The past few years have been especially turbulent for the City's Liquor Enterprise and the management of it. Consistent, fair measures from year to year have been difficult. While the operations appear to have stabilized for the next few years, there are several good reasons to switch to a salary-only compensation: . · The performance pay system was seen as appropriate when the Manager was hired in 1999. There was a general concern that the system would yield positive financial results. A higher base salary could burden the system in achieving those results. Performance pay would protect the financial position of the liquor operations, and funds would be available for higher levels of performance. . The system is performing solidly, and can support a higher base salary. . There remains an incentive for positive results, as negative results threaten the viability of, and jobs in, the City's Liquor Operations. · The Attorney General's Office has issued several opinions about the legality of performance or bonus pay in general. While they are not thoroughly consistent, they do not provide a clear-cut answer whether it is a valid expenditure of public funds. In light of the opinions written, staff at the League of Minnesota Cities advises that the AG is consistent in its belief that such compensation should not come out of liquor operations profits. . A base salary increase comparable to the maximum possible performance pay would place the Liquor Operations Manager around the midpoint of the range of the comparable group of cities in the Twin Cities salary survey. With one exception, no other city in Stanton Group 7 has performance pay for the position. RECOMMENDATION: It is recommended that the Council authorize the 2003 performance pay for the Liquor Operations Manager, and concur with the Liquor Committee's direction for staff to develop a recommended adjustment in the salary for the position. {) PRINTED ON RECYCLED PAPER :/I: 3 D CITY OF SHOREWOOD PARK COMMISSION MEETING TUESDAY, AUGUST 10, 2004 5755 COUNTRY CLUB RD CITY HALL 7:00 P.M. MINUTES 1. CONVENE PARK COMMISSION MEETING DRAFT Chair Davis called the meeting to order at 7:00 P.M. Roll Call Present:Chair Davis; Commissioners Famiok, Gilbertson, Meyer, Westerlund, and Young; Council Liaison Zerby; and Engineer Brown Absent: Commissioner Wagner B. Review Agenda . Westerlund moved, Gilbertson seconded, Approving the August 10, 2004, Park Commission Agenda as presented. Motion passed 6/0. 2. APPROVAL OF MINUTES A. Park Commission Meeting Minutes of July 13, 2004 Farniok moved, Meyer seconded, Approving the Park Commission Meeting Minutes of July 13, 2004, as amended, on Page 6, Item 8, Paragraph 2, change "Westerlund asked where the additional" to "Discussion proceeded regarding the additional." Motion passed 6/0. B. Park Commission Work Session Meeting Minutes of July 27, 2004 Westerlund moved, Farniok seconded, Approving the Park Commission Work Session Meeting Minutes of July 27, 2004, as presented. Motion passed 6/0. . 3. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 4. REPORTS A. Report on City Council Meeting of August 9, 2004 Engineer Brown reported on matters considered and actions taken at the August 9, 2004, Regular City Council Meeting (as detailed in the minutes of that meeting). B. Community Rec. Resources Second Quarter Report Engineer Brown stated Community Rec. Resources continued to provide excellent Park Coordinator services to the City during recent months, and noted efforts of this firm provided a savings to the City in staff time. He then introduced Sally Keefe, of Community Rec. Resources, the City's consultant providing Park Coordinator services. Ms. Keefe stated she was present this evening to report on the second quarter activities taking place in the City parks. Ms. Keefe stated inclement weather in the spring had afforded opportunities for increased communication with the sports organizations utilizing the City parks. 171+ PARK COMMISSION MEETING MINUTES August 10, 2004 Page 2 of9 She also stated CRR would be working with City Staff to enhance field cancellation procedures as well as documentation retrieval processes prior to the Spring Information meeting with sports organization representatives. She went on to state increased monitoring of the City parks had provided many unique insights in field use, and noted the concession stand at Eddy Station appeared to be successful and received well by park users. The Commission provided suggestions regarding additional lead time for the Spring informational meeting as well as providing an incentive for full documentation provided to the City by deadline. A brief discussion was held regarding the options for allowing a representative from one sports organization to turn in documentation from another representative of a different sports organization. Engineer Brown explained it was imperative one person represented each sports organization utilizing the City parks to provide continuity of contact, communication, and consistency in working with the sports organizations throughout each sporting season. Chair Davis thanked Ms. Keefe and Community Rec. Resources for its efforts and report of the second quarter activities within the City parks. 5. SOUTH TONKA LITTLE LEAGUE PROPOSAL FOR FIELD IMPROVEMENTS TO FREEMAN PARK . Tim Beduhn, of South Tonka Little League (STLL), thanked the Commission for allowing his request to be part of the Park Commission Agenda this evening. He stated STLL was very proud of the efforts made toward working with the City to continue to make the playing fields an exceptional park space. He also stated he wished to thank Community Rec. Resources for efforts made toward providing and maintaining clear communication channels in working with the City. He stated there remained three areas of improvement with regard to the fields STLL utilized each year in City parks, and STLL was willing to fund the improvements should they be allowed to proceed. First, he explained STLL would like to replace the existing scoreboard behind Field #1 at Freeman Park. Also, he stated STLL would like to utilize Astroturf on the floor of the batting cages between Fields 1 and 2. He went on to explain these cages were in need of updating and were unusable in rainy weather. He stated he had contacted representatives from the University of Minnesota regarding placement of turf and he anticipated no major problems with the turf in the cages since obtaining that information. . Various Commissioners requested clarification on plans for the batting cages related to turf specifics. Engineer Brown stated he had previously been concerned with the ag lime process of construction moving or breaking down over time. To that end, he stated he would appreciate it if the concrete would be placed approximately two inches outside the batting cages as a foundation, as it provided a solid area on which the turf could rest, and would also mitigate unsightly weed maintenance issues in those areas. In response to Commissioner Westerlund's question, Mr. Beduhn responded, STLL would be responsible for the long-term maintenance of these cages and turf, and he too, was quite proud of the park and wished to keep it looking nice for all parties concerned. Engineer Brown requested the first two batting cages be constructed prior to a third cage being requested by STLL. This third cage could be reviewed and redone once successful construction and implementation had been found with the first two cages. Discussion ensued regarding the appropriate consideration of the scoreboard issue as it related to the Donor Policy appearing later in the evening's Agenda. PARK COMMISSION MEETING MINUTES August 10, 2004 Page 3 of9 Farniok moved, Meyer seconded, Accepting the Request for Field Improvements to Freeman Park, including the replacement of the Scoreboard, subject to Staff recommendations for consistency with signage, and placement of concrete and Astroturf. Discussion again ensued regarding appropriate verbiage to be placed on the scoreboard given the implications for potential guidelines found in the Donor Policy to be considered later in the evening's Agenda. Farniok withdrew the motion. Engineer Brown departed the meeting at 8:00 P.M., and returned at 8:02 P.M. Engineer Brown stated he had recently spoken with Planning Director Nielsen who had explained the scoreboard would require action by Council for a sign permit. For this reason, he stated no action was required of the Park Commission at this time. . Engineer Brown directed Mr. Beduhn to provide specific plan dimensions and other planning elements necessary for application for a sign permit. Mr. Beduhn stated his third request included plans for "skinning" the STLL infields, noting they were becoming a safety hazard for park users due to the uneven playing service. Young moved, Westerlund seconded, Recommending Approval of Construction of the Batting Cages at Freeman Park, subject to Staff recommendations. Motion passed 6/0. Farniok moved, Young seconded, Recommending Approval of Infield Repairs to the South Tonka Little League fields, subject to Staff Recommendations. Motion passed 6/0. 6. FREEMAN PARK PLAZA PLAN FOR LANDSCAPE AND PICNIC TABLES . Ken Dallman and Gordon Lindstrom, of the Shorewood Park Foundation, presented conceptual plans to the Commission for the Freeman Park Plaza project. Mr. Dallman stated he had simply had the drawings redone to show the donor recognition plaque and trees as directed by the Commission at the most recent Park Commission meeting. Discussion ensued regarding the specific details to have been placed in the plan prior to this evening's meeting. Engineer Brown explained, despite the best of intentions by all parties concerned, additional details were warranted prior to consideration by the Commission and Council, as a conceptual drawing did not provide sufficient permanent historical record of the project. Engineer Brown explained a scaled architectural drawing depicting the following elements was needed prior to further consideration by the Commission and Council. He stated the plan must include: 1. trail location and width 2. tree plantings, including type of tree, and exact location 3. width, stamped pattern, and color of border around the plaza 4. materials of cross section of concrete pad 5. detail of furniture to be installed 6. detailed size, and materials of plaque, including construction materials and exact location of marker and plaque PARK COMMISSION MEETING MINUTES August 10, 2004 Page 4 of9 Mr. Dallman and Mr. Lindstrom expressed concern for expediting the process so that construction could take place this fall in response to enthusiasm and momentum for the donation of the project by the donor's family. The Commission agreed, should plans be returned to City Staff as indicated by Mr. Dallman, a meeting could be held on Monday, August 16, 2004, and if need be an alternate date of August 30, 2004, would be designated to accommodate the requests of the Park Foundation. Additionally, Engineer Brown stated City Staff would provide a site plan drawing to be utilized by the Park Foundation for enhancement of the requested elements to the site plan. Discussion ensued regarding the best method of communication and impacts to the meeting regulations in order to accommodate the tight timeline being considered. Engineer Brown stated once plans were received from Park Foundation members, including requested elements, Staff would communicate the next available meeting date to the Commission. Chair Davis recessed the meeting at 9:10 P.M. and reconvened the meeting at 9:20 P.M. 7. REVIEW AND APPROVE REVISIONS TO POLICIES AND PROCEDURES FORRECOGMZffiGDONATIONSTO THE PARKS . Chair Davis explained this was a second draft of the Donor Policy being designed to recognize donations to the parks. The Commission reviewed the draft policy and made revisions to the document. Westerlund moved, Gilbertson seconded, Directing Staff to Provide an Updated Donor Policy including an expanded definition of routine items including scoreboards, dog houses, and batting cages, included as part of Item E, on page 2 of the policy presented this evening, and also an expanded definition as part of Item H, of the policy presented this evening, under Donors and Donations, listing Items to be Excluded from the Donor Policy, such as scoreboards, minor signage, etc. Motion passed 6/0. . A detailed revised copy of the Donor Policy, minus the elements contained in the motion above, is attached to these minutes for further consideration and review. Young moved, Gilbertson seconded, 'Recommending Approval of Construction of a Scoreboard by South Tonka Little League, as proposed on August 10, 2004. Commissioner Meyer stated she would not support this motion as she believed it set precedent for allowing sponsorship in the City parks. Commissioner Young stated there existed ample evidence in' the world that funds or volunteer hours could not be secured with a simple thank you and without recognition of some form. Motion passed 4/2, with Davis and Meyer dissenting. Engineer Brown stated these items recommended for approval this evening would be placed on the August 23,2004, Regular City Council Meeting Agenda. He also stated, given the lateness of the hour, it might be prudent to continue the remaining items on the Agenda for this meeting to the September 13,2004, Park Commission Meeting. Gilbertson moved, Young seconded, Continuing Items 8-10 on this Agenda to the September 13, 2004, Park Commission Meeting Agenda. Motion passed 6/0. PARK COMMISSION MEETING MINUTES August 10, 2004 Page 5 of9 8. DISCUSS GOALS, PRIORITIES AND WORK PROGRAM 9. DETERMmE INVOLVEMENT WITH MN REC AND THE COMMISSION DEVELOPMENT PROGRAM 10. DISCUSS SIGNS FOR THE PARK 11. DETERMmE PARK LIAISON FOR SEPTEMBER Chair Davis stated she would be the Park Commission Liaison to the Council at the August 23, 2004, Regular City Council Meeting, in the absence of Commissioner Westerlund. 12. NEW BUSINESS . No new business was presented at this time. 13. ADJOURN Westerlund moved, Gilbertson seconded, Adjourning the August 10, 2004, Park Commission Meeting at 11:25 P.M. Motion passed 6/0. RESPECTFULLY SUBMITTED, Sally Keefe, Recording Secretary Woody Love, Mayor . Craig W. Dawson, City Administrator PARK COMMISSION MEETING MINUTES August 10, 2004 Page 6 of9 DONOR POLICY 1. DONOR RECOGNITION The City of Shorewood seeks to recognize donors who wish to support the City's park system through distinguished effort or substantial gift. This policy determines procedures, for a fixed period or indefinitely, for recognizing donated amenities or projects, also noted in this policy as a "Substantial Gift", found within Shorewood parks. . For the purposes ofthis policy, "Substantial Gift" is defined as at least 50% of the estimated cost of: (a) new construction, remodeling, or renovation; . (b) developing a new real property, i.e. park buildings, structures, real estate, etc.; or (c) replacement of an existing, unnamed facility or landmark that requires substantial renovation at the time of the gift. Items found in this policy include park structures (pavilions, warming houses, shelters, plazas, etc); real estate to be used for parks, trails, or open space, interpretive areas, or active recreation; or other large-scale projects as discussed with the Park Commission and City Council. 2. DONORS AND DONATION . "Donors" or "Donation" as defined in this policy means a substantial financial contribution toward the cost of an amenity or project. This contribution is defined as at least 50% of the total estimated cost of stated amenity or project. Recognition may be in honor of individuals, groups of individuals, or corporations. a) Donors or donor representatives must sign a donor agreement that delineates terms of the contributions, unless donor wishes to remain anonymous. The Donor Agreement will include the following: (1) In the event of demolition or deconstruction of a structure, its recognition or any part of it shall be subject to new recommendations. (2) The style of recognizing structures and facilities should be consistent with the City's visual standards, or adhering to any City ordinances. PARK COMMISSION MEETING MINUTES August 10, 2004 Page 7 of9 (3.) The Director of Public Works or designated staff person is responsible for overseeing compliance with policy requirements, including completion of consultations and approvals, securing signatures on donation agreements by donor, donor representative, and City of Shorewood. (4) Groundbreaking, dedication, or other ceremonies relating to gifts, shall be reviewed by the Park Commission and approved by the City Council. (5) The City Council may rescind a donor's recognition for just cause. . **Method of donor recognition must be agreed upon and formally approved by City Council prior to signing the donor agreement. (b) The nature of the donation will assist in determining the type of recognition. ( c) A plaque, or other negotiated signage, may be placed on a building, room, or facility to recognize a Donor. The design, wording, size, and location of the plaque require the approval of the City Council. (d) A donor recognition or memorial plate may be affixed to routine furniture items. The City shall specify the size and location of the donor plate and the donor will pay for the plate and engraving. The City shall approve the wording of the donor plate and affix the plate to the furniture. . (e) Plaques or markers will not be placed for routine tree donations. (f) Donations of a routine nature (e.g., trees, park benches and other furniture) shall be reviewed by the Public Works Director and/or the Park Commission. (g) The donor shall pay for the delivery and installation of the amenity and/or donor recognition plaque or plate. (h) The option of funding the amenity for life of said amenity is negotiable and would require assurance of sufficient funding. There is no exclusive right to sole recognition in cases of expansion or other structural modifications. Recognition carries no power of direction to the City on matters of schedule, design, furnishing, or priority of use. 3. PROPOSALS PARK COMMISSION MEETING MINUTES August 10, 2004 Page 8 of9 Proposals must have the written approval of the person or corporate representative for whom the recognition is to be given. If the person is deceased, the approval of the family or designated representative should be obtained. If the person is deceased and there is not family or a designated representative, recognition can proceed through the submission process. 4. PROCESS AND PROCEDURES FOR SUBMISSION OF PROPOSAL Any proposal for recognition shall be made through a formal submission process to the Park Commission. The Park Commission will make a recommendation on the proposal to the City Council. Procedures governing approval of recognition proposals are set forth below and may also be supplemented by such operational guidelines as the City of Shorewood may adopt from time to time. Exceptions from policy requirements must be authorized by the City . Council in advance of the donation. Step One A Schematic design and details will be submitted to the City of Shorewood and shall include the following elements: (a) A scaled architectural drawing or plan drawn to scale to be completed by a landscape architect or civil engineer, registered in the State of Minnesota, and would include: 1. site plan 2. architectural details 3. landscape plan 4. tree preservation plan 5. sign or memorial detail Please note: The Schematic design phase of the submission process will be overseen by the appropriate departments of the City ofShorewood according to established procedure. . Proposed recognition should be designated at the time of submission of schematic design, as found in Step One, a5. Recognition may not be allowed after the amenity is operational except by Council review and approval. Step Two: After submission of the schematic design, the individual, group, or corporation will formally present their request to the Park Commission. The Park Commission will then make a recommendation to City Council. Step Three: Upon approval by City Council, the Donor Agreement will be signed and kept on record with the City of Shorewood. 5. METHOD OF PAYMENT AND RESPONSIBILITIES OF DONATION Donation associated with recognition proposals can be made by the donor with financial assurity or cash escrow for the full amount of the donation and shall be submitted to the City prior to the commencement of construction of amenity or project. t .. ~ PARK COMMISSION MEETING MINUTES August 10,2004 Page 9 of 9 Individual donors may gift a portion of their contribution through an irrevocable trust or a contractual bequest mechanism. Should the donor renege on any payment once the project has commenced and the donor agreement has been signed, the City shall be allowed to keep any portion of the donation already paid, and recognition shall not apply. Should the City fail to use the funds for the stated purpose in the Donor Agreement, the funds shall be returned to the donor. 6. NAMING . The City of Shorewood will commemorate long-term service to the community or to a distinguished person, and such recognition is contingent upon Council review and approval. The City of Shorewood will consider naming opportunities for outstanding contributions, such as a parcel ofland or new donation outside the geographic confmes of the existing park system. The City prefers not to name facilities within its park system that are made possible with donations. Naming a building in honor ofa person who has given extraordinary distinguished service to the city will not normally be considered until after hislher substantive formal relationship with the city has ended. . The name used should normally be the family name, or in the case of a corporate entity, the shortest possible name. Unless the City Council determines otherwise, a name may be used only once. 7. STEWARDSHIP Stewardship requires that the City of Shorewood honor the expectations of donors and abide by gift agreements, including recognition provisions. Recognition is generally expected to last the lifetime of the building, facility, unit, program, or other endeavor. There may nonetheless be extraordinary circumstances that justify cessation of the use of a recognition, or "renewed recognition," such as change in use, substantial renovation, or demolition of an existing building, facility, or part thereof, major programmatic changes, failure of a donor to meet the financial commitment of the donor agreement, or other situations unforeseeable at the time of the original recognition. In all cases, the City Council must approve the renewed recognition. The City of Shorewood sincerely wishes to thank all donors for contributions made to the City. " CITY OF SHOREWOOD RESOLUTION NO. A RESOLUTION APPROVING THE FINAL PLAT OF BARRINGTON WHEREAS, the final plat of Barrington has been submitted in the manner required for the platting ofland under the Shorewood City Code and under Chapter 462 of Minnesota Statutes, and all proceedings have been duly had thereunder; and . WHEREAS, said plat is consistent with the Shorewood Comprehensive Plan and the regulations and requirements of the laws of the State of Minnesota and the City Code of the City of Shorewood. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. That the plat of Barrington is hereby approved. 2. That the approval is specifically conditioned upon the following terms and conditions: a. The Developer shall record the Development Agreement (Attachment I) and the Master Declaration Barrington Townhomes Association, attached hereto as Attachment IT, and made a part hereof, with the Hennepin County Recorder. . 3. That the Mayor and City Administrator/Clerk are authorized to execute the Certificate of Approval for the plat on behalf of the City Council. 4. That the final plat, together with this resolution, the Development Agreement shown as Attachment I, and the Master Declaration Barrington Townhomes Association shown as Attachment IT, shall be recorded within thirty (30) days of the date of certification of this Resolution. BE IT FURTHER RESOLVED, that the execution of the Certificate upon said plat by the Mayor and City Administrator/Clerk shall be conclusive, showing a proper compliance therewith by the subdivider and City officials and shall entitle such plat to be placed on record forthwith without further formality, all in compliance with Minnesota Statutes and the Shorewood City Code. -# 8. A. . . ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 23rd day of August, 2004. WOODY LOVE, MAYOR ATTEST: CRAIG DAWSON, CITY ADMINISTRATOR/CLERK 2 tj.~ ~~ CITY OF SHOREWOOD DEVELOPMENT AGREEMENT BARRINGTON P.U.D. THIS AGREEMENT, made this _ day of 2004, by and between the CITY OF SHOREWOOD, a Minnesota municipal corporation, hereinafter referred to as the "City," and Parker Scott Development Group, LLC, a Minnesota Limited Liability Company, hereinafter referred to as the "Developer." . WHEREAS, the Developer is the fee owner in certain lands legally described in Exhibit A, attached hereto and made a part hereof, which lands are hereinafter referred to as the "Subject Property"; and WHEREAS, Developer proposes to develop the Subject Property into eleven, two-family base lots, twenty-two unit lots, as defined by the Shorewood Zoning Code, one single-family residential lot and one outlot; and WHEREAS, the Developer has made application with the Zoning Administrator for a rezoning from R-IA, Single-Family Residential to P.D.D. Planned Dnit Development District and submitted a Concept Plan, which was considered by the City Planning Commission at a Public Hearing held on __......._.__......._................................._....; and WHEREAS, upon recommendation of the City Planning Commission, the City Council did consider and grant Concept Plan approval as set forth in the minutes of its regular meeting, held on _._._.._.._....._._...._..._..._.........__......_......._, . WHEREAS, the Developer submitted Development Stage Plans for the property, which was considered by the City Planning Commission at its regular meeting held on 2 December 2003; and WHEREAS, upon recommendation of the City Planning Commission, the City Council did consider and grant Development Stage approval as set forth in the meetings of its regular meeting, held on 26 January 2004; NOW, THEREFORE, in consideration of the mutual covenants and guarantees contained herein, the parties hereto agree as follows: 1) C:onciitiom: of Approval- The Developer shall comply with the conditions of approval as adopted by the City Council and set forth in the minutes of its regular meeting held on 26 January 2004, which minutes are on file at the Shorewood City Hall. In addition, 1. Attachment I development of the P.U.D. is subject to the requirements of Section 1201.25 (Planned Unit Development District) of the Shorewood Zoning Code, including, but not limited to the following: (01) Minimum setbacks* (for all structures) shall be as follows: (d) Wetland buffer/Setback: 20 feet from private road surface 20 feet from any adjacent structure Same as the minimum setbacks imposed on the adjacent respective zoning districts 35/15 feet (a) Front: (b) Side: ( c) At periphery of site: * For purposes ofthis P.U.D. the single-family lot (Lot 1, Block 12) shall be subject to the requirements of the R-1A zoning district, as maybe amended from time to time . (02) Maximum building height, as defined by Shorewood Zoning Code, shall be two and one-half stories or 35 feet, whichever is less. (03) Use of Outlot within the plat: Outlots A shall be used for conservation open space, drainage and utilities, common open space and private street purposes. The Developer shall provide the City with a conservation easement over the portion of the outlot occupied by the wetland and the 35-foot wetland buffer area. (04) The Developer shall comply with the requirements of Shore wood's wetland code (Chapter 1102) and the Wetlands Conservation Act of 1991 [Minn. Stat. 103 G.221 et. seq. (hereinafter referred to as the WCA)]. It is the intent of this agreement that areas adjacent to wetlands be maintained in and restored to their natural state. . (a) A minimum 35-foot buffer strip shall be maintained adjacent to all wetlands. (b) Natural vegetation shall be maintained in wetland buffer strips. Where disturbed by site development, wetland buffer strips shall be restored with natural vegetation. (c) Wetland buffer strips shall be identified within each lot by permanent monumentation approved by the City. (d) A monument is required at each lot line where it crosses a wetland buffer strip and as necessary to establish required setbacks from the wetland buffer strip. Monuments shall be placed within 60 days of completion of site grading or prior to issuance of a building permit, whichever occurs first. (e) The Developer shall record with the Hennepin County Recorder or Registrar of Titles, a notice of the wetland buffer requirement against the title of each lot with a required wetland buffer strip. (!) No structures, including, but not limited to, decks, patios, and play 2. ~ (\.) "0 ;; ]~ "Q)o:S ~ ~ 13"0 'S] a"'..... ~ ~ (\.) (\.) oS oS I-< ~ O:E 0.._ 'S ..... 00 ~ 1-<"0 ~ (\.) C.j..j ~ ;j 0 ..o~ "0 a (\.) _..0 -- (\.}'Cd ~...cl (\.) 00 oS ~ ~ 0 ..... ~ "O~ (\.) ~~ ooS 0_ -0.. ] ~ ~~ S c~r (\.) ~ ;; (\.) s~ o..g ..... ..0 &"Q) (\.) 00 (\.}...cl1) oS:E~ c2~~ "0- ~ a ;g Cod ~O ~ 00 I-< (\.)~] >~o.. o ~ 00 01-<0 (\.}~...cl .~ C.j..j 0.. ..... ;j I o ..0 ~ (\.) 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'Cd .s Q) ;; S (\.) bI) t+:l ~ cd g (\.}~.~- 13"01-<0.. ~]Cl'5 ~ g bB:E u ~.S ~ 000"04-< .......... fl 0 U~t:l~ (\.)- (\.) 13 ~oS rj oS 'a ~ - . .... CI.l .t::: P-. -..~ ~(\.) v)"Oi-I-<~ (\.) I-< (\.) 0 ta(\.}oS~ o..(\.}c 00 0 bI) Cd .a,i;.s....1 cf') Development Agreement, is herewith adopted and approved by the City as the Developer's final plan for development of the property. 6.) PTe-com:tmdlon M eetlng: - Prior to the commencement of construction, Developer or its engineer shall arrange for a pre-construction meeting to be held at Shorewood City Hall. Such meeting shall be coordinated with the City Engineer and shall include all appropriate parties specified by the City Engineer. 7.) Stlmn:mi~ ofCon~tmdlon - Developer agrees that all of the Improvements set forth in 2.) above, shall equal or exceed City standards, shall be constructed and installed in accordance with engineering plans and specifications approved by the City Engineer and the requirements of applicable City ordinances and standards, and that all of said work shall be subject to fmal inspection and approval by the City Engineer. . 8.) MHtenHl~ Hnn T ,HhoT - All ofthe materials to be employed in the making of said hnprovements and all of the work performed in connection therewith shall be of uniformly good and workmanlike quality, shall equal or exceed City standards and specifications, and shall be subject to the inspection and approval of the City. In case any materials or labor supplied shall be rejected by the City as defective or unsuitable, then such rejected materials shall be removed and replaced with approved materials, and rejected labor shall be done anew to the satisfaction and approval of the City at the cost and expense of Developer. . 9.) S~hen1l1e of Work - The Developer shall submit a written schedule in the form of a bar chart indicating the proposed progress schedule and order of completion of work covered by this Agreement. It is understood and agreed that the work set forth in paragraph 2.), except for the final lift of bituminous street surface, shall be performed to be completed by 1 June 2005. The fmallift of bituminous street surface shall be completed by 1 June 2006. Upon receipt of written notice from the Developer of the existence of causes over which the Developer has no control, which will delay the completion of the work, the City, at its discretion, may extend the dates specified for completion. 10.) A~-R1l11t P1Hn - Within sixty (60) days after the completion of construction ofthe Improvements, the Developer shall cause its engineer to prepare a full set of "as-built" plans, including a mylar original and two (2) black line prints, showing the location of said Improvements within the plat. 11.) RH~ement~ - Developer, at its expense, shall acquire all easements, if any, from abutting property owners necessary to the installation of the sanitary sewer, storm sewer, surface water drainage facilities and watermains within the plat, and thereafter promptly assign said easements to the City. 12.) PTe-exl~ting: OTHln Tile - All preexisting drain tile disturbed by Developer during construction shall be restored by Developer. 4. 13.) St:::lkine, Snrv~yine :::Inn Tn"}Ject;on - It is agreed that the Developer, through his engineer, shall provide for all staking and surveying for the required Improvements. In order to ensure that the completed improvements conform to the approved plans and specifications, the City will provide for resident inspection as determined necessary by the City Engineer. 14.) Gr:::ln;ng, Dr:::l;n:::lee, :::Inn Rrm:;on C:ontrol - Developer, at its expense, shall provide grading, drainage and erosion control plans to be reviewed and approved by the City Engineer. Said plans shall provide for temporary dams, earthwork or such other devices and practices, including seeding of graded areas, as necessary, to prevent the washing, flooding, sedimentation and erosion of lands and streets within and outside the plat during all phases of construction. Developer shall keep all streets within and adjoining the plat free of all dirt and debris resulting from construction therein by the Developer, its agents or assignees. . 15.) Accef::f:: to Ref::inences: - Developer shall provide reasonable access, including temporary grading and graveling, to all residences affected by construction until the streets are approved by the City Engineer, pursuant to paragraph 7.) hereof. 16.) Occllp:::lncy Penn;ts: - The City shall not issue a permanent certificate of occupancy until the first lift of bituminous surfacing has been installed on the road serving the units for which a certificate of occupancy is requested. 17.) F;n:::ll Tnf::pect;on - Upon completion of the Improvements set forth in paragraph 2.) above, the City Engineer, the contractor, and the Developer's engineer will make a final inspection of the work. . 18.) Ref::tor:::Jtion of Streetf::, Pnhlic F:::Icilitief:: :::Inn Priv:::lte Properties: - The Developer shall restore all City streets and other public facilities and any private properties disturbed or damaged as a result of Developer's construction activities, including sod with necessary black dirt, bituminous replacement, curb replacement, and all other items disturbed during construction. 19.) Reqniren T .:::Innf::c:::lping - The Developer shall provide a letter of credit, or cash escrow for the purpose of assuring that required tree preservation, reforestation and landscaping shall be constructed and installed according to the approved Tree Preservation and Landscape Plan on file at the Shorewood City offices. Landscaping associated with individual unit lots shall be constructed and installed prior to issuance of certificates of occupancy for said unit lots. If required unit lot landscaping has not been completed at the time of occupancy, the Developer shall escrow $1500 per unit to ensure that the required landscaping shall be installed within eight months. 20.) Reimhnrf::ement ofC:Of::ts:- The Developer shall reimburse the City for all costs, including reasonable engineering, legal, planning and administrative expenses incurred by the 5. City in connection with all matters relating to the administration and enforcement of this Agreement and the performance thereof by the Developer. Such reimbursement of costs shall be made within thirty (30) days of the date of mailing of the City's notice of costs to the address set forth in paragraph 28.) below. 21.) (;l~im~ for Work - The Developer or its contractor shall do no work or furnish no materials not covered by the plans and specifications and special conditions of this Agreement, for which reimbursement is expected from the City, unless such work is first ordered in writing by the City Engineer as provided in the specifications. Any such work or materials which may be done or furnished by the contractor without such written order first being obtained shall be at its own risk, cost and expense. . 22.) ~llTety for TmproVf~ment~ - nf'.po~it or T ,etter of (;rerlit - For the purpose of assuring and guaranteeing to the City that the Improvements to be constructed, installed and furnished by the Developer as set forth in paragraph 2.) above, shall be constructed, installed and furnished according to the terms of this Agreement, and to ensure that the Developer shall pay all claims for work done and materials and supplies furnished for the performance ofthis Agreement, the Developer agrees to furnish to the City a cash deposit or Irrevocable Letter of Credit approved by the City in an amount equal to 150% of the total cost of said Improvements estimated by the Developer's engineer and approved by the City Engineer. Said deposit or Letter of Credit shall remain in effect until completion and approval of the required improvements. 23.) Tn~nr~nce - The Developer shall take out and maintain during the life of this agreement public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's work or the work of its subcontractors, or by one directly or indirectly employed by any of them. This insurance policy shall be a single limit public liability insurance policy in the amount of $2,000,000.00. The City shall be named as additional insured on said policy and the Developer shall file a copy of the insurance coverage with the City. . Prior to commencement of construction of the Improvements described in paragraph 2.) above, the Developer shall file with the City a certificate of such insurance as will protect the Developer, its contractors and subcontractors from claims arising under the workers' compensation laws of the State of Minnesota. 24.) T ,~w~, Orrlimmce~, Ree1l1Mion~ ~nrl Permitg - Developer shall comply with all laws, ordinances, and regulations of all regulatory bodies having jurisdiction of the Subject Property, said laws existing during the period of construction, and shall secure all permits that may be required by, but not limited to, the City of Shorewood, the State of Minnesota, the Minnehaha Creek Watershed District, the Minnesota Department of Health, the Hennepin County Transportation Department, and the Metropolitan Waste Control Commission before commencing development of the plat. 6. 25.) S~wer rn::!rg~s - Pursuant to Shorewood City Code a $1200 per unit fee for local sanitary sewer access charges (LSSAC) is required to be paid prior to release of the final plat. Accordingly, the Developer shall pay LSSAC in the total amount of twenty-six thousand four hundred ($26,400). Credit has been allowed for the lot with the existing single-family residence on it 26.) P::!rk Fnnc1 P::!ym~nt - Pursuant to Shorewood City Code a $1500 per unit fee park dedication fee is required to be paid prior to release of the final plat. Accordingly, the Developer shall pay park dedication fees in the total amount of thirty-three thousand dollars ($33,000). . 27.) Mnnicip::!l W::!ter rn::!rges - Pursuant to Shorewood City Code a $7500 municipal water connection charge is required to be paid for each unit. The Developer has agreed to extend municipal water service to the project. Pursuant to Chapter 903 of the Shorewood City Code, the developer shall pay for the cost of installing water to the proj ect or the required connection charges, whichever is greater. 28.) Notices - All notices, certificates and other communications hereunder shall be sufficiently given and shall be deemed given when mailed by certified mail, return receipt requested, postage prepaid, with proper address as indicated below. The City and the Developer by written notice given by one to the other, may designate any address or addresses to which notices, certificates or other communications to them shall be sent when required as contemplated by this Agreement. Unless otherwise provided by the respective parties, all notices, certificates and communications to each of them shall be addressed as follows: To the City: City Administrator CITY OF SHOREWOOD 5755 Country Club Road Shorewood, MN 55331 . With a Copy to: Shorewood City Attorney c/o Leonard Street & Dienard 150 South 5th Street, Suite 2300 Minneapolis, MN 55402 To the Developer: Brian Hat:ju c/o Parker Scott Development Group, I..LC 4109 Eckert Avenue S.B. Delano.MN 55328 29.) Proof of Title - Developer shall furnish a title opinion or title insurance commitment addressed to the City demonstrating that Developer is the fee owner or has a legal right to become fee owner of the Subject Property upon exercise of certain rights and to enter 7. upon the same for the purpose of developing the property. Developer agrees that in the event Developer's ownership in the property should change in any fashion, except for the normal process of marketing lots, prior to the completion of the project and the fulfillment of the requirements of this Agreement, Developer shall forthwith notify the City of such change in ownership. Developer further agrees that all drainage and utility easements provided to City shall be free and clear of all liens and encumbrances. 30.) Tnnemnlnc::!tlon - The Developer shall hold the City harmless from and indemnify the City against any and all liability, damage, loss, and expenses, including but not limited to reasonable attorneys' fees, arising from or out of the Developer's performance and observance of any obligations, agreements, or covenants under this Agreement. It is further understood and agreed that the City, the City Council, and the agents and employees of the City shall not be personally liable or responsible in any manner to the Developer, the . Developer's contractors or subcontractors, materialmen, laborers, or any other person, firm or corporation whomsoever, for any debt, claim, demand, damages, actions or causes of action of any kind or character arising out of or by reason of the execution ofthis Agreement or the performance and completion of the work and Improvements hereunder. 31.) Dec1HTHtlon of (;ovenHnt!i;, (;onnltlon!i; Hnn Re!i;tr1ctlon!i; - Developer has provided a copy ofthe Master Declaration for Barrington. Said Declaration shall include the City as a signatory thereto. The Developer agrees to incorporate the following provision in the Declaration: (01) PnvHte ROHn. - It is understood that the private streets within the plat shall be maintained by the Developer or his successors in interest, including the appropriate homeowner's association and will not be accepted or maintained by the City. . 32.) Remenle!i; lJpon DefHnlt (01) A!i;!i;e!i;!i;ment!i;, In the event the Developer shall default in the performance of any of the covenants and agreements herein contained and such default shall not have been cured within thirty (30) days after receipt by the Developer of written notice thereof, the City may cause any of the Improvements described in paragraph 2.) above to be constructed and installed or may take action to cure such other default and may cause the entire cost thereof, including all reasonable engineering, legal and administrative expense incurred by the City to be recovered as a special assessment under Minnesota Statutes Chapter 429, in which case the Developer agrees to pay the entire amount of such assessment within thirty (30) days after its adoption. Developer further agrees that in the event of its failure to pay in full any such special assessment within the time prescribed herein, the City shall have a specific lien on all of Developer's real property within the Subject Property for any amount so unpaid, and the City shall have the right to foreclose said lien in the manner prescribed for the foreclosure of mechanic's liens under the laws 8. of the State of Minnesota. In the event of an emergency, as determined by the City Engineer, the notice requirements to the Developer prescribed by Minnesota Statutes Chapter 429 shall be and hereby are waived in their entirety, and the Developer shall reimburse the City for any expense incurred by the City in remedying the conditions creating the emergency. (02) Performance Gllaranty. In addition to the foregoing, the City may also institute legal action against the Developer or utilize any cash deposit made or letter of credit delivered hereunder, to collect, pay, or reimburse the City for: (a) The cost of completing the construction of the improvements described in paragraphs 2.) above. (b) The cost of curing any other default by the Developer in the performance of any of the covenants and agreements contained herein. . (c) The cost of reasonable engineering, legal and administrative expenses incurred by the City in enforcing and administering this Agreement. (03) T ,ee;:ll Proceedine~. In addition to the foregoing, the City may institute any proper action or proceeding at law or at equity to abate violations of this Agreement, or to prevent use or occupancy of the proposed dwellings. 33.) Heading~ - Headings at the beginning of paragraphs hereof are for convenience of reference, shall not be considered a part of the text of this Agreement, and shall not influence its construction. . 34.) Severahility - In the event any provisions of this Agreement shall be held invalid, illegal, or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof, and the remaining provisions shall not in any way be affected or impaired thereby. 35.) Execution ofC;ollnterpart~ - This Agreement may be simultaneously executed in several counterparts, each of which shall be an original, and all of which shall constitute but one and the same instrument. 36.) C;on~tnJction - This Agreement shall be construed in accordance with the laws of the State of Minnesota. 37.) Sllcce~~or~ and A~~ien~ - It is agreed by and between the parties hereto that the Agreement herein contained shall be binding upon and inure to the benefit oftheir respective legal representatives, successors, and assigns. 9. . . IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year first above written. DEVELOPER: CITY : Parker Scott Development Group, LLC By: By: Its: Mayor Its: Chief Manager A TTRST: City Administrator/Clerk STATE OF MINNESOTA ss. COUNTY OF HENNEPIN On this _ day of , 2004, before me, a Notary Public within and for said County, personally appeared Woody Love and Craig W. Dawson to me personally known, who, being each by me duly sworn, did say that they are respectively the Mayor and City Administrator/Clerk of the municipal corporation named in the foregoing instrument, and that said instrument was signed and sealed on behalf of said corporation by authority of its City Council, and said Mayor and City Administrator/Clerk acknowledged said instrument to be the free act and deed of said corporation. Notary Public STATE OF MINNESOTA ss. COUNTY OF HENNEPIN 10. . . The foregoing instrument was acknowledged before me this day of ,2004, by ....__.._.......____.__..____.._._____.__...._____.__.....__.....__, Manager of Parker Scott Development Group LLC. THIS INSTRUMENT WAS DRAFTED BY: The Shorewood Planning Department; and REVIEWED BY: Leonard Street & Dienard 150 South 5th Street, Suite 2300 Minneapolis, Minnesota 55402 (TJK) Notary Public 11. KNOW ALL MEN BY THESE PRESENTS: That Bruce G. Carmlchiel and Julia A. Carmlchiel, husband and wife, fee owners of the following described property situate in the County of Hennepin, State of Minnesota, to wit: Lot 77, "Auditor's Subdivision Number One Hundred Forty One), according to the recorded plat thereof, except that part of said Lot 77 described as follows: \ Commencing at the northeast corner of said Lot 77; thence West along the North line of said Lot 77, distance of 327.44 feet to the actual point of beginning of the land to be described; thence angle left 90 degrees 0 minutes a distance of 200.0 feet; thence angle right 110 degrees 21 minutes 22 seconds a distance of 332.21 feet, more or less, to the Southeasterly right-of-way line of said Manor Road; thence Northeasterly along the Southeasterly right-of-way line of said Manor Road a distance of 132.00 feet, more or less, to the North line of said Lot 77; thence East along the north line of sold Lot 77, a distance of 210.0 feet, to the point of beginning. Abstract property. . . Lot 78, Auditor's Subdivision 141, Hennepin County, Minnesota. Abstract property. That port of Government Lot 5, Section 26, Township 117, Range 23 lying East of the center line of County Road 5, as the same passes through said Government Lot 5, Hennepin County, Minnesota. Torrens property. That part of Lot 26 lying Easterly of the following described line: Beginning at a point on the North line of said Lot 26, 0 distance of 40 feet East of the Northwest comer thereof as measured along said North line; thence Southeasterly to 0 point on the Southerly line of said Lot 26 0 distance of 66 feet Easterly of the Satlt~west corner thereof as measured along said Southerly line, Radisson Inn Addition. The West line of which Addition has been judicially determined and marked by Judicial Lamdmarks, one at the Northwest corner of Lot .26, of said Addition and one at the meander corner in said line. Torrens property. . That part of Lot 77, Auditor's Subdivision Number 141, described as follows: Commencing at the northeast corner of said Lot 77; thence West along the North line of said Lot 77, distance of 327.44 feet to the actual point of beginning of the land to be described; thence angle left 90 degrees 0 minutes a distance of 200.0 feet; thence angle right 110 degrees 21 minutes 22 seconds 0 distance of 332.21 feet, more or less, to the Southeasterly right-of-way line of said Manor Road; thence Northeasterly along the Southeasterly right-of-way line of said Manor Road a distance of 132.00 feet, more or less, to the North line of said Lot 77; thence East along the north line of said Lot 77, 0 distance of 210.0 feet, to the point of beginning. Abstract Property. . ~ Exhibit A ~ ; 3 J _1 . I ., !" III '" .~S III o ~ CO ~ t. o N ,', 't ;,1 H ~ i II ~:t6'__ __ ~~\;Z;~.Q9S ~60 - - - Ill: ~01 .IIJ 3Nf1 nmu.nos-----___ ~O\; _ _ _ <:';~9" ___ ___ ,,_-.c;..-< I ,. .... ~ ----------L113J1]SV3 lll1Wl _-..-.. 9 Z -...:::- ONY _------ ..... '{4'~ --..::,),-L ~ -.......7 .~-9l: ~.w;;,.- ~ "'" 'lS]M a ]9NVU , _ 'IIUIOII LII dlHSll'MlL !2 NOU:l3S .IIJ II31UVllO 153MHlnos --____u__ 3H1 .IIJ lI31uvno 153MHlllOS 3H1 .IIJ 3Nn HlllOS V l01lnO I " -I~ v I " ( 0 ", \ B .~ l>- I n " ~ v I ) \ -< \ .) -If \ n ,.... 'J '. t1 " , --- ^ u 1:. ,.... '. I \ ...; ill3n3SV3 lU'lln OIlV 30VNIVUO IA.Lt.!iS-69S OS'91 g 1St/. J ~ J..1I' I J. n 30Vlllvua I I I I I III I ~ I .... co I ~ ~2S I z:;!""' I !il~!f :;!.... I ~g~ ~ ~~ ~ z!t;! ~ I ~;;I" '" I:l"'~ I ~l;lx ~~~ I "'""' ~g t1!t I I~ I ""T, I '-_ I I ---- ~ :! ... .... ~ ~ if .... "- "- , oo-r;~ 00"9 ~. .~~\ . '1~\ -:<. ~. oo't8 M..l~.!:U911 OO"Z~ oo'n ~ OJ. I ~ "i :E if .. J III .. III .. 8 8 8 oo-n oo"l:~ oo.t8 3.l', L89S 00118 f1 ~ B ~ 8 .. ... J it! 8~ .. ... ..r 00119 3..U",mtas ~ ~ 88 " ~f .. 88 00118 3.Lr.tG.tBS v /;; .L01.LnO /~<? .....1 .......:...c:.' ,.-.....' q,L J.II3II3S\'3 .unu.n .' -----------QNY 35VNIYU()---.. LL10l U3Nl1OO 3H1lION--- I~ ,.... '. --- \ I C! ~nl: >>' z ,'.: {) !.1. a a ~ ,,:/ c NOl.gWHVa .... / o 11 \ \ 99 \ \ 'l53M!:Z]9NVU 'HlUOll LII dlHSll'MlL sz NOU:l3S JO ll3I.llVno .LS3'AHlIlOS ]Ill JO lI31uvno ._- --lS3MHlllOS 3H1 .IIJ lI3II>lO:llS3/olHl/1OS \ \ .\ \ \ \ --\ \ '"~ \~ - \\ \ -) \ <J I / / / / ~ ..... .....c ..0 .....c ~ ~ "'- '" ~ 3~M 31VOS ( 9 I . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128 . www.cLshorewood.mn.us · cityhal\@cLshorewood.mn.us MEMORANDUM TO: FROM: DATE: SUBJECT: City Council Craig W. Dawson, City Administrator r ..f'\ August 19,2004 UY SLMPD Proposed 2005 Budget . . The SLMPD Coordinating Committee met August 4 and by consensus forwarded a proposed.budget that would increase the cities' contributions by 4.1 %, compared to the budget it rec~mmended for ?004 ("tt:e budget 'made whole"'). Not to belabor the numbers too much, but the proposal technically calls for a 10.6% mcrease from the required ("basic", or "Level I") service contributions for 2004. For the three cities opting to pay for additional ("enhanced", or "Level II") service contributions, they would pay an additional 4.1 %. The $59,000 increase to the "made whole" budgetprovides for ongoing operations and would restore: . 0.4 of a 0.6-time staffsupport po~ition; . the $8,400 payment to remain in the Southwest Drug TaskForce; . $10,500 (approximately one-half vehicle) to the schedule in the Equipment:Replacement Fund. The proposed budget does not address the lower-than-recomrtlended level of undesignated funds in the department's operating balance, or the establishment of a long-term capital maintenance fund. . Implications for Shorewood: Under the proposed budget, Shorewood~s required contribution would be $690,092. This is $27,140, or 4.1 %, more than the City is paying for SLMPD services in 2004. At the August 9 budget work session, SLMPD Chief Litsey reviewed two scenarios illustrate what would result if Excelsior would not increase its contribution for 2005, and the other member cities would continue the enhanced, or Level II, service. To maintain the current service level, Shorewood's contribution would become $697,762, or 5.0% more than 2004. If the three cities chose to contribute to the Coordinating Committee's consensus budget-i.e., making the three restorations listed above--Shorewood's contribution would be $717,861, or 8.3% more than 2004. The proposed 2005 City budget as reviewed by Council reviewed on August 9 includes $700,000 for SLMPD. This amount would be planned to be available should the Level I/Level II (basic/enhanced) arrangements for services need to be pursued in 2005. The Council must take action regarding the 2005 contribution by September 1,2004. As of August 19, none of the member cities had taken official action regarding its 2005 contribution for SLMPD operations. RECOMMENDATION: It is recommended that the City Council approve the contribution of $690,092 for the 2005 SLMPD operating budget. n \,.1 PRINTED ON RECYCLED PAPER '-J :#9A 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 W August 19,2004 . DATE: RE: County Road 19 Light Rail Trail Crossing The City is in receipt of a request to designate the Hennepin County Light Rail Transit Trail at County Road 19, as an official trail crossing. Under State Statute, this would result in all vehicles yielding right of way to pedestrian traffic. Staffhas discussed this petition with the South Lake Minnetonka Police and with Hennepin County Transportation Officials. . City Staff has voiced strong concerns to Hennepin County regarding the designation of this crossing as a marked crosswalk. County Road 19 traffic volumes are in excess of 15,000 vehicles per day. Designating such a crossing on a high volume roadway, with speeds that often exceed 40 miles per hour, is not a wise decision. Despite City Staffs concerns over this issue to the County, the County has already performed this installation. Staff learned of the installation of the signs and crossing after the fact, by representatives of Hennepin County. Staff has solicited written feedback from the SLMPD. Staff will report to the City Council of their findings during Monday night's meeting. 1f/o It n ~J 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 TO: Mayor and City Council Craig Dawson, City Administrator FROM: Larry Brown, Director of Public Works . DATE: August 19,2004 RE: Resolution Rejecting Bids for the County Road 19 Project "The Little Project that Could" City Project No 97-07 A bid opening was conducted .on August 4t\ 2004 for the County Road 19 hnprovement Project. Bids were checked for accuracy and tabulated. Attachment 1 is the bid tabulation. Table 1 is a summary of the bid results. . Hard rives $4,049,602.79 Thomas & Sons Construction, Inc. $4,225,978.57 Midwest Asphalt Corporation $4,285,322.58 Bituminous Roadways $4,345,540.65 Engineer's Opinion of Cost $3,146,789.00 Table 1 The lowest bid was provided by Hardrives for $4,049,602.79 versus the engineer's estimate of $3,146,789.00. This bid is $912,813.79, or 28.69 percent above the engineer's estimate. In ~.1 PRINTED ON RECYCLED PAPER .p loB Mayor and City Council County Road 19 Bid Results August 19, 2004 Page 2 of3 i Table 2 is a summary of the breakdown costs for each agency. Agency Construction Bid Amount $ 4,049,602.79 Shorewood State Aid Roadway Shorewood State Aid Storm Sewer Shorewood State Aid Streetscaping Subtotal Shorewood State Aid 663,692.56 339,846.38 69,206.90 1,072,745.84 . Shorewood Local Roadway Subtotal Shorewood Local Roadway Fund $ 63,588.50 $ 63,588.50 Total City of Shorewood $ 1,136,334.34 Tonka Bay Local Roadway Fund Tonka Bay Storm Sewer Subtotal Tonka Bay $ 53,047.08 $ 84,809.06 $ 137,856.14 Total City of Tonka Bay 137,856.14 Hennepin County State Aid Roadway Hennepin County State Aid Storm Sewer Hennepin County Streetscape Hennepin County Local Roadway Funds $ 2,392,378.79 $ 185,481.69 $ 119,117.27 $ 78,434.56 $ 2,775,412.31 Total Hennepin County Table 2 For the City of Shorewood, the bid letting of this project would equate to $1,072,745.84 of State Aid Funds and $63,588.50 of Local Roadway Funds to be utilized. . It . . . Mayor and City Council County Road 19 Bid Results August 19,2004 Page 3 of3 Attachment 1 is a letter from Hennepin County requesting that the City of Shorewood reject the bids, have the plans revised, and re-bid the project. Staff has discussed this scenario with representatives of Hennepin County over the last few weeks. The County is convinced that revisions can be made to the county's portion of the roadway section that will result in substantial changes to the amounts of a second bid. City Staff has relayed our skepticism in whether the revisions will result in substantial savings. However, there is much to be said for not starting into a project that is 28.69 percent of what was expected. It is safe to assume that there will be change orders on a project of this size, that would add to a project that is already over budget what has been projected. Despite City Staffs concerns, the County is directing that the project be re-bid. Staff is seeking a revised timetable from WSB and Associates. It is anticipated that this will be received by the City for Monday night's City Council meeting. Staff will present a revised schedule at that time. Recommendation Based upon the request from Hennepin County, Staff is recommending approval of the attached resolution that rejects all bids for the County Road 19 hnprovement Project. .. . . Preliminary Schedule I ... .. c;.. WS8 Pro}lCt: CSAH 19, SmiIhtown Road, CC Road Deolgnby. RCH Projecl Locallon: Shonwood, MN CIlIoked by. DWS, CTR WS8 Pro}..' Nfl: 01388-01 Date 4/2712004 CSAH 19 (C.P.9821) Estimate of Quantity and Cost Elllllneer I I!.!Itlmate Storm S....r CSAH19 CSAH19 CSAH 19 CSAH19 CSAH 19 Smltblown Road C...lry Clob RDld Cli)I.fSbor....od Cli)I.f T.oke Bay 30.4 % SAP. 27-61!1-18 8.A.P.27-61!1-18 8.A.P.17-61!1-18 C.P. 9811 8.A.P. 116-020-01 S..A.P.116-020-01 UP. 216-101-01 S..A.P.116-108-01 37.8 % SA.P.116-02D-02 H....pl. C...i)I H....pl. C...i)I RoE-P.P. Fuods Cll)' of Sh.rowood CII)' ofSh.....ood Cli)I ofSh.rowood Cli)I.fSh.r.wood Local Cosl L.cal Cosl 12.1 %S.A.P. 216-101-02 Slreollcopl.. H....pl. C...i)I StrOllscapl.. 5.8% SAP. 216-108-01 LINE SHEET Pro oct T.tal Local F..ds 13.9% Tonka Bay NO - UoIl _4 - -.I -.I -- -- -- -- -.I -.I -- -- -.I -.I -.I _4 ~ -- -- _4 -- _4 No. -- D"""';"'iaa N.... UoIl Pri.. "-"~ CoIl """""h CoIl ~ COlI 0.-.. COlt -0....;.,... CoIl -~ CoIl -no....... COlI -.;.;:.;.~- Coot CoIl Ouom.. Coot ..-.. CotI I 3021.501 NOBllJZA11ON !.tlMP IIDoI sa5,zoo.OI 1.00 85,ZOO.00 0-" 50,161.00 0.03 2,.!5,"00 0.02 1,704.00 0.., 7,668.00 0.01 853.00 0.05 4.360.01 0.03 2,.!5,"00 0.03 1.704.00 0.01 "3.00 0.15 12,710.00 3 %031,501 FII!ll) OFPICETYPE D-MODIPIED EACH 18,000.00 1,00 8,000.00 0.59 4.1%0.00 0.03 340.01 0.02 16G.00 0." 7ZG.00 0.01 80.00 0.05 400.00 0.03 340.01 0.02 160.00 0.01 8G.0l 0.15 1,200.00 3 6 3101-'01 CLEARING ACRE 13,055.01 3.03 ',15'"" U7 8.767.85 0.08 344.40 0.08 %44.40 4 6 3101.5", GIlllBBlNG ACRE 13,053.00 3.03 ',35"'5 %.17 8,767.85 0.08 %44.40 0.08 %44.40 5 3101.603 Roar ctm'ING 1 UN PI' IU5 580 3,857.00 580 3,857.00 6 3101.610 TBEI! T1UMMING 1 HOtIIl 1".01 10 150.01 10 950.00 7 Z6 3103.502 PAVJlMIlN1'MAIOONG IUllIlOVAL- TmdP01l.A1l.Y LlNPI' 10,49 5340 2,714.60 5540 2,714.60 8 Z6 3102.502 PAI/EMIlIITMAIOONGllEllOVAL- PIiIlNANIlNT LlNPI' IU' 8160 3,998,4l 8160 3-"8.41 9 6 ZlOUOI REMOVBWATIlIlMAIN I LlNFI' 111.75 371 4,441.50 371 4,441.5 10 6 3104.501 IUllIlOVB 8EWIlII. PIPI! (&TOlIN) LlNFI' 119.65 697 13.6"'05 590 11,593.50 34 ,,8.1 73 1,434.45 11 6 3104.501 1lllMOVB 8EWIlII. PIPI! (8ANll'AllY) LlNFI' 116.15 354 5,964.90 354 5,K4.90 13 6 3104-'01 IUlNOVIl CllIUl AND Gl1I'II!Il UN FI' 13.60 6ZZ Z,Z:w-:ii 540 1,944.00 n 315.%1 13 3104-'03 IUlNOVIlBllTA1NIN<l WAlL 8QFI' sa.00 335 2,610.00 335 2,AO.00 14 6,16 3104.507 REMOVB IlI1'llMINOUS PAVJlMIlN1'(P) 14 8Q'I/ll 11.00 31310 37,310.00 Z4460 Z4.46G.00 1130 1,130.01 mo 1.7ZG.0l 15 6 3104.509 IUllIlOVB BUILIlING FOUNDAnoN !.tlMP SUM 13,500.00 I 3,500.00 I 3,500.00 16 6 1104.509 1lllMOVB CONCIUlTIl APII.ON EACH 1197.00 11 2,167.00 9 1,773.00 3 394.01 17 6 3104.509 1lllMOVBLIllIn' BASEFOUNDAnoN EACH 1317.00 8 3._00 7 3,1109.01 I 387.00 II 6 3104.509 IUlNOVIlMANHOLE (ll'I'OlW) EACH 1395.00 4 1,580.00 4 1,580.01 19 6 3104.509 IUllIlOVB CATCH IlASlN 15 EACH 1315.00 7 2,765.00 4 1,510.01 3 1,185.00 30 6 1104-'09 1lllMOVB SlGN TYPE C EACH 131.40 D 604.80 7A 511.40 3 43.30 3 43.30 31 6 Zl04.509 1lllMOVBIIYDIlANT EACH miDi 3 1,11.'-01 3 790.00 I 315.00 21 6 1104.509 1lllMOVB GA'I1l VALVB EACH $111.00 I 118.00 1 118,00 33 6 3104.509 IlEIoIOVBMANHOLE(lIANl1'Ally) EACH $493.00 I 493.00 I 493.01 3d 6 3104.509 IUlNOVIl SlGN TYPE D EACH $3%.45 I 3Z.4S I 33.45 15 6 3104.511 tAWING CONCIUlTIlPAVIlMIlNr (PUlL DI!I"I1\) LlNFI' $4.10 141 _it 148 _10 36 6 Z104-'13 tAWlNG BlTPAVJlMIlN1' (PUlL DEPTH) LlNFI' IU~ 1815 5,345.35 1603 4,631.45 75 31,"75 135 39G.15 37 6 3104.533 SALVAGE $lGNTYPE C EACH IZI-:-lii 4 -Wi 3 43.%1 1 43.30 38 6 3104.533 SALVAGE SlGNTYPE SPI!CIAL EACH IZI.60 4 86,4 3 43.30 3 43.30 :Ill 6 1104.533 SALVAGEUGKJ'STANDAIlD "LtJIodINA1RIl EACH $315.00 6 1,390.00 4 86G.01 3 430.01 30 3104.515 ABANDONPIPI!_ EACH 115.31 180 2,376.00 110 2,376.00 It 71 3104.5%5 ABANDON" lEAL WBLL SHAFT EACH IZ,100.00 I 2,100.00 1 3,100.00 33 6 3104.603 ABANDON WATIlIl MAIN UN FI' 111.75 566 6,650.5 5" 6,6SG.50 33 9 3105.501 CONMONEXCAVAnoN (JlV) (P) CU'l/ll $13.60 15306 311,853.60 3ztZZ 38..,43.31 1444 18,194.4 930 1I.711.~ 34 9 2105.531 G1lANlILAIl BOlUlOW (LV) ZO CU'l/ll '10.00 5ZOO 52,000.00 5ZOO 52,OOG.0I 3S 9 3105.5ZZ 81!LI!C1' G1lANlILAIl BOlUl.OW (ev) (PI CU'l/ll 113.00 138113 18O,Zli.iiO 11964 155,53%.01 1013 13.399.00 876 11,388.00 36 9 3105.604 GEOT1!lCI'ILBFAB1llCTYPE V 31 IQ'I/ll 11.38 5450 6,97'"00 %ZOO 3,81'"00 1800 2,304.00 1450 1.856:0( 37 , Zl05.607 IllCCAVAnoN SPECIAL 1 (JlV) (P) 6 CU'l/ll 19.01 11300 101,700.00 3390 3G.310.00 5154 46.38f.00 1308 IO,l7Z-00 1548 13,93%.0( 31 9 3105.609 BAllL "D1SPOB OFCONTMlINA'I1lD MA'I1lIl1AL TON $37.011 6400 172,800.00 6400 17Z,800.00 39 3113.610 8'I1UlE1" SWEEPJl1l (WrJ1t PICKUP IlI\OOM) HOtIIl 1143.00 80 1I,44G.00 80 11,44G.00 40 3130.501 WATIlIl M GALI,.ON8 116.00 D 7Zl.0I 18 461.00 5 130. 5 130.00 41 2131.S02 CALCJmil CIlLORlDESOL1l'11ON GAU.ON $1.55 300 465. zoo 310.00 SO 77-' 50 77.51 43 7 1311.301 AOOII1!C1A'I1lBASE CLASS 5 (ev) 18 CU'l/ll 130.81 9813 Z04,OIt.60 1839 183,851.30 541 11,391.4< 4U 1,140:00 43 Z6 2111.501 AGl1IIIlGA'I1l BAIlE CLASS 5 3 TON 113.00 400 4,100.01 400 4,100.00 44 Z6 2Z3L501 BmJlolINOIllI PATCllING M1lCI'llRE 3 TON $104.00 80 8,3Z0.00 80 8.3ZG.00 bIdtob_"~_'p11 8/1812004 . . Preliminary Schedule I WSB Project CSAH 19. Smilhtown Rolld. CC Road DeIlGn by. RCH Proj.ct LOCQlion: Shorowood, MN CIlooIcH by. DWS. CTR WSB Project No: 01388-01 Daltl 4/27/2004 CSAH 19 (C.P.9821) Estimate of Quantity and Cost EnalDeer 1 EsUmate Storm S....r CSAH19 CSAH19 CSAH 19 CSAH19 CSAH 19 SmllbloWD Road C....nlry Club Rood City orShoro'll'DOd City orTonko Bay 30.4 % SAP. 27-619-18 S.A.P.27-619-18 S.A.P.27-619-18 C.P. 9821 s.A.P. 216-02~ SAP. 216-020-02 SAP. 216-101-02 s.A.P.216-108.01 37.8 % SAP. 216-020-02 Honnoplo Connty Henoopln County R.E.P.P. Funds City ofShorowood City of Shorowood City orShore""'" City orShorewood Local Cost Local Cost 12.1 % SAP. 216-101-02 Slreelscaplq HenGOpln Connty Streotscoplq 5.8% SA.P. 216-108-01 LINE SHEET Pro oct Total Local Funds 13.9% Tonko Say NO - llaiI _d - - -.. -.. - -.. - -.. - - - - - - - _d - - - - _d No. - 0..,.;..... N_ Unit Prko nu.ntltv Cotl no-.;.. Cost OuoalilY C... 0u0alilY Cotl OaooDlY CD" 0u0alilY Cotl 0u0alilY Cost ....... Cotl o..o;lY Cost OuoatilY eoD 0u0alilY Cotl 4.l ZlI 23'0.'01 TYPIl)N 4 VIEA\UN(] COU1l8E N1X11JBE (B) l' TOll $4d.80 375 17,.1'0.00 37' 17,.1'0.00 4d 7 23'0..01 TYPIl MY 4 VIEA\UN(] COU1l8E MIXIllRE (P) TOll $6.l.00 743 48,230.01 5" 44.13..00 21 1,3".00 43 3,'130.00 47 ZlI 23'0..03 TYPIl MY 3 NON WEAlllNG COllRlll! MlXTllllll (B) 17 TON $41.1$ 31S 15,881.1$ 31S 15,88L1$ 48 7 33'0.'02 TYPIl NY 3 NON WEAlllNG COtlllllEMlXTllllll (p) TOll 15..90 951 $3,lso.9O 871 48,dU.9O ZlI 1,4.3.40 $4 5.018.10 49 7 33$1.503 Bll'llNlNOlJB NA11!lUAL FOB. TACK COAT GALLON 1l.30 1$08 5.00UO 227$ 3,730.0D 159 19G.80 74 88.80 .0 7 3350.501 TYPIl SP 9.S WEAlllNG COtlllllE MIX (4,1') TON 1.2.3. 3057 107,d83,9. 1780 95,183.00 110 8,3~00 117 U%4.95 '1 7 2310.501 TYPB SP 12.5 WEAlllNG COlll1111UllX (4.1') TON 145.4' 3313 107,3"-3$ 1917 89,400.1' %45 11,180.70 150 d,817.5O $1 7 33so..03 TYPIlSP I:!.' NONWBAIlCOllRlll!MIX (4,B) TON IAO.'O 3815 114,007.$0 3815 114,007.'0 S3 13 %401.501 81IllJC1tlll.AL CONCREI'I! (lA43) CUYD SA11.00 381.7 11$,778.70 30$.9 84,1%4.90 7'.8 31.155.80 54 13 %4Ol.S01 81IllJC1tlll.AL CONCREI'I! (5YAS) CUYD SAso.OO 5llA 23$,244.00 3$7.1 ldA,Z6l.00 154,3 70,978.01 ss 13 3401.'41 IUlINFOllCIlMIlNI' IlAllll (P) POllND IL08 Sl774 34,315.92 34483 26,440.$5 7392 7,87$3' Sd 63 %4Ol.S41 llIlINFIlllCI!MllAllll (EPOXY COATED) (P) POllND IU' 73734 98,177.40 .m3 77,291.$' 15471 30,88$.8$ $1 %40:1.S83 ORNAMENTAL1lAlLING TYPB SPIlCIAL 27 UN Fl' 1108.00 974 10.,19:!.00 51$.dA 17,.519.12 348.31 57,_81 .8 9 %41l.S21 GIlANtllJ\Il JlACIGllIL (eY) (P) CUYD 114.00 4399 10,181.00 3150 4',220.00 too 14,1161.0 59 9 %411.511 81IlllCTllRl! BlCCAVA1IDN CLASS 11 CU YD 110.00 4710 47,100.00 344B.S 34.48..00 lZl1l.S 13,11'.0( 50 3411.518 Al\CHrl'IlCI1J1 CONCREI'I! 'I'BX1'IlRB SQFl' 1'.40 SOl' 32,859.00 4113.' 33.48:1.90 1921.' 10,371.10 '1 3411.118 Al\CHrl'IlCI1J1 COLOll SYS'I1!M SQFl' IS.'O IOIS 21.397.'D 4113.' 14,.57:1.1$ 1931.' 5,73$.1' S3 342:1.118 WOOD RBTAlNlNG WALL 1$ SQFl' 138.00 40 1,.530.00 40 1,$10.00 13 34':!.S04 STIlIlL IllIEllT Pll,ING (PIlRMANENT) 23 SQFl' 118.35 3737 50,233,9' 1318.4 1$,110.14 135'" 23,110.14 dA 71,77 UOI.'15 18"llC PIPIlAPaON BACH SdUOO 1 dA,.OO 1 dA5.1ll IS 71,77 1$01.'U 24" 1lC PlPEADDN BACH 173'.1ll 3 2,30'.00 3 3,30.5.01 Sd 75.77 UOU15 30" RC PlPIlAPRON BACH ..18.00 1 818.00 I 818.00 57 76.77 UOUU 31" RC PlPIlAPRON BACH 11.1$7.00 1 I,U7.00 I 1,157.00 sa 75,77 UOI.I03 TR.AlllI ClIl'ARDFOB. 111" PIPE APRON BACH 1S9$.00 I 39$.01 I 395.01 19 76,77 1$01.103 TR.AlllI GlIARD FOB. 34" PlPIl APRON BACH 177G.00 I 770.00 1 77G.00 70 71,77 UOI.103 TIWlll Gl1AIlD FOIl 30" PlPIl APRON BACH 19$'.01 I 9$'.00 1 955.0( n 71,77 1$01.103 TRAlIH Gl1AIlD FOIl5" PlPIl APRON BACH 11,187.01 1 1,187.00 1 1,117.00 72 1$0:1.541 I" PEBFPVC PIPE DllAlN 7 UN Fl' 130.7S 9llD 18.175.00 900 18,575.00 73 71,77 1$03.541 15" RC PIPE SllWER DBlllGN 3001 CL V UN Fl' 139.05 2700 IOS,AS5.00 2700 10M3S.oo 74 71,77 1$03.541 111" RC PlPIl SllWER DBlllGN 3001 CL n UN Fl' SAUl 31$ 13,42:1.'0 31$ 13.433$0 75 71,77 1$OJ.541 II1"RC PlPIl SllWER DBlllGN 3001 CLm UN Fl' SAI.30 A83 19,947.90 483 19,J47.9O 71 71,77 1$03.541 31" RC PlPIl SllWER DB81GN SOOS CL n UN Fl' S44.1$ 99 4,380,75 99 4,380,75 77 '6,77 1$OJ.541 21"RCPlPIlSllWERDB81GN 50GS CLm UN Fl' SA5.30 28 1,2d8AO 38 1,:10.40 78 71,77 UOJ.541 24" RC PlPIl SllWER DIl8IGN 3001 CL n UN Fl' SA7.1$ Sd 3,118.'0 56 5,118.50 " 71,77 1$0U41 34" RC PlPIlSllWERDBlllGN3001 CLtv UN Fl' 154.$0 2S 1,417.01 3S 1.417.00 80 71,77 1$03.$41 30" RC PlPIl SllWERDEII1GN 30GS CL tv UNFl' 171.70 %48 17.781.10 :r48 17,781.6 81 71,77 1$05.541 3" RC PlPIl SIlWIlR DESIGN SOOS CLn UN Fl' 1".00 190 1$,010.00 190 1$,010.00 83 71,77 1$03.$41 31" RC PIPE SllWER DE8lGII3OGS CL tv UN Fl' 197.00 171 1S,.587.00 171 11,'87.00 83 75,77 1$03.$41 31" RC PlPIlSllWER DE8lGN300S CL V UNFl' 1118.00 78 9,204.00 78 9.304.00 84 75,77 1$03.541 51" RC PlPIlSllWER DElllGN 3001 CL VoJACKBD UN Fl' 1848.00 151 13S,.l38.00 151 15S,.l38.1ll 8$ 1$03.101 SANn"AllY SllWER BYPAS8 LIlMP 8llM 13,9SS.00 1 3,KS.00 1 5,1165.00 as 71 1$05.103 CONNBCTTO EXIlI'IING SANn"AllY SllWER BACH S738.1ll 3 3,314.00 3 3,314.00 87 71 1$05.103 CClNNJ1Cl'TO BXIB'IlNG SANn"AllY SllWER NANHOLE BACH 11,4so.00 1 1.450.00 1 1,410.00 88 71 1$03.103 CONNECT TO IlXIlI'I'lNG SANn"AllY SBIl.V1CB BACH S877.1ll 1 877.00 1 877.00 -_comporison...apIt 8/1912004 . . Preliminary Schedule I .... WSB Proj.CI: CSAH 19, Smilhtown Road, CC Road Delign by: RCH Projecl LocoIion: SIunwoocI, MN Chtokod by: OWS, CTR WSB Projecl No: 01388-01 Oatl <1127/2004 CSAH 19 (C.P. 9821) Estimate of Quantity and Cost .Il;nlllneer I uumale Storm Sewer CSAH19 CSAH 19 CSAH 19 CSAH 19 CSAH 19 SmllbloWII Road C....try Clllb Road City .t Shorowood City ofT.Dko Bay 30.4 % S.A.P. 27-619.18 S.A.P.27-619-18 B.A.P, 27-&19-18 C.P. 9821 S.A.P. 21fi-02~ B.A.P. 21fi-02~ B.A.P.216-101-02 S.A.P.216-108-01 37.8'l1oS.A.P.216-02Q..02 HOllnopln CODnty Honnopln C.Dnly R.LP.P. FouuIs City otShorewood City otShorewood City of Shorowood City ofSborowood Local COlt Local COlt 12.1 'lIo S.A.P. 216-101-02 Streetscaplnll Hennopln Connty Streollcaplnll S.8'lIo S.A.P. 21&-I08-(U LINE SHEIlT Pro eel Tollll Locol Fllnds 13.9% Tonka Boy NO - l1ah -- - - - - - - - - - -- - - - I!oli_ - - _d - - - I!olimlled No. Number DeocriDticm N.... l1ah Pri.. Oulllli" Colt ~ Colt """"".. Cool "'-'"v Colt """"".. Cool """"".. Cool """"".. Cool CluonII.. Cool n.--. Cool "'"""'" Colt ",,",,"Iv Cool 89 71 25.3.602 6' SANlTARY llEWIlIl. CLEANOUT IIAClI 1590.00 I 590..0 I 590.00 510 71 2503.501 CORllDIIIWlD HOLE W/BfXfr EACH 11,010.00 I 1,010.00 I 1,010.00 91 71 2503.503 12' PVC llEWIlIl.PIPll-aDIl" LIN Ff "5.00 133 1a.n5.00 333 18,315.00 !12 71 1503.603 (I' IIDPE SANlTARY llEWIlIl. BilIlVlCll (DIllEC'IlONALBORl!) LIN Ff 1128.00 110 14.080.00 110 14,080.00 93 71 2504.602 CONNI!CTTO EXIB'IlNO WATEIl WAIN 8 IIAClI 1!l46.00 4 3,784.00 2 1,892.00 2 1,892.IX 114 71 250U02 HYDII.ANT 8 EACH 12,810.00 4 11,240.00 2 5,620.00 2 5,620.00 93 71 2504.602 (I' GA'IE VALVE AND BOX 8 EACH 1740.00 3 3,700.00 3 2,220.00 2 1,480.01 96 71 2504.602 12' GA'IE VALva AND BOX 8 EACH SI,78O.oo 2 3,36D.00 I 1,780.00 I 1,780.IX 97 71 2504.602 1,5' CURB STOP EACH 1250.00 I 350.00 1 350.IX 98 71 2304.602 1.5' COllPOIlAllOO STOP EACH 126~.00 I 261.00 I 261.00 99 71 3504.1102 CONNI!CTTO EXIB'IlNO WATEIl BilIlVlCll IIAClI 1133.00 I 133.00 I 133.00 100 71 2504.1103 1.5' TYPIlIt COPPIlIl. PIPE LlNPT 136.91 15 353.3ll 15 353.5 101 71 3504.1103 6' WATIlllNAINDUCIU.I!IIlOO CL 32 8 UN Ff 141.00 60 2,4110.00 48 1,968.00 12 492.IX 102 71 2504.1103 12' WATIlllNAINDtICTILE IIlOO CL 52 8 LIN Ff "8.73 865 50,818.75 295 17,331.35 370 33,487.3 103 71 3504.1104 4' POLYSTYRl!NI!lNSULAnON 8QYD 130.00 15 450.00 13 450.00 104 71 3504.lI08 DUCTILE IIlONmnNC38 8 POUND 14.10 3030 12,726.00 1720 ',124.00 1310 5..l02.00 105 76,77 2506.501 CllNST DIlAINAGIlITllUCI1lIlI! DI!SIGN F UN Ff 1180.00 174.97 31,4114.60 174.97 31,49U( 106 76,77 3506.501 CllNST IlIlAINAGIl STIlUCI1lIlI! Dl!SIl1N G LIN PT 1216.00 36.01 16,018.16 36.01 16,018.86 107 76,77 3506.501 CONST IlIlAINAGIl S11\ucrtJI\Il DEll 48-4020 LIN PT 1148.00 195.87 48..l75.71 195.87 48,373.76 108 76,77 3506.501 CONSTDIlAINAGE S11\UCTIIllIl DEll 5404020 LIN Ff IW.OO 35.04 7,136.40 25.04 7.136.40 109 76,77 3506.501 CONITDIlAINAGIl S11\ucrtJI\Il DEll_ LIN Ff 1337.00 33.15 18,974.53 33.15 18,974.53 110 76,77 3506.501 CONITIlIlAINAGIl S11\ucrtJI\Il DEll 72-4020 LIN PT 1383.IX 27.37 10,359.31 27..l7 10,359.31 111 76,77 3506.501 CllNST DIlAINAGIl S11\ucrtJI\Il DEll SPEC I 10 IIAClI 12,415.IX I 2,415.00 I 2,415.00 112 76,77 3506.302 CONSTDIlAINAGIl STIlUCTIIllIl DES SPEC 2 9 EACH S59.880.00 I 39,880.00 I 39,88D.IX 113 77 3506.516 CASTING ASSIlMIlLY II IIAClI $341.IX 76 41,116.01 2 1,082.00 74 40.034.00 114 71 3506.522 ADJUSTFRAME '" IIING CASTING EACH 1343.IX 14 4,130.00 14 4,130.00 IU 71 3506.602 SIlALMANHOLB U EACH 1381.00 12 4,656.00 12 4,656.00 116 71 3506.1103 CONS11ltJCTSANlTARY MANIlOLIl UN Ff 8354.00 13.06 4,623.24 13.06 4,623.24 117 71 2306.1103 IUlCONlITIUlCT SANlTARY MANHOLE UN PT $298.00 4 1.192..00 4.11 1,234.5 III 76,'T1 3511.501 llANIION RIPIlAP CLASS N CUYD 1128.00 37 4.736.00 37 4,734.00 119 8 252UOI 4"CONCRl!I'IlWALlt SQFf 13.35 13005 4Z,266.25 4864 15,80$.00 1989 6,464.25 1333 4,329.00 4S2O 15,663.0( 120 8 2531.301 CONCRl!I'Il CURB '" GUTTEIl DESIGN 8612 LlNFf 11.91 2382 21,199.80 1996 17,764.40 1ft 1,495.21 218 1,940.Zl 121 8 353UOI CONCRl!lll CURB '" GUTTEIlDESlllN8618 UN Ff 11.91 1846 16,429.40 201 1,781.90 201 1,788.510 658 5,856.20 786 6,995.4 122 8 3531.501 CONCRl!lllCURl! '" GUTTEIl Dl!lllllN8624 LlNPT 88.65 4736 40,966.40 2lI08 22,559.20 1881 16,33L20 240 2,076.00 123 8 3531.503 CONCREI'Il MIiDIAN IQYD $43.35 965 41,736.35 965 41,736.25 124 8 3531.507 (I' CONCREI'Il1llUVllWAY PAVENIlNT Ill! 24 SQYD $43.25 81 3,806.00 44 1,903.0( 44 1,5103.00 135 8 2531.507 8" CONCRl!I'IlIllUVEWAYPAVIlMIlNT HE 14 8QYD 143.35 5ft Z4,306.50 149 6,444.25 149 6,444.35 60 2..l93.00 108 4,671.00 96 4,152.00 126 8 2531.602 PEDBlITIUAN CURB RAMP 28 EACH 1335.00 29 9,435.00 13 4,223.00 3 073.00 7 2,275.00 6 1,950.01 127 8 2531.602 CONCREI'Il MBDIANNOIl! DESlllN n09 IIAClI 1108.00 I 864.00 8 864.00 128 26 3533.504 CONCRl!I'Il MBDlANllAIWIlR Dl!SIl1N 83'l3 LIN Ff 112.~ 1050 13,135.00 1050 13,125.00 129 26 2.133.1103 1lELllCA'IE CONCRl!I'Il MIlDIANIlAIWIlIl LIN Ff $4.il 1400 6,D90.00 1400 6.090.00 130 14B 2540.602 NAIUlOX SUPPOIlT EACH 1135.00 5 675.00 3 405.00 I 135.00 I 133.00 131 109 2543..111 UGHI'INO tlND'TYPIl SPECIAL IIAClI $4..l98.0I 16 73,368.00 7 32,186.00 5.3 35,289.00 2 9,196.00 1.5 6,897.0( 132 109 2543.513 LllYINAIIlE (350 WATrIlPS) EACH 11,731.IX 16 27,696.00 7 12,117.00 5.5 9,520.5 2 3,4ft.0I 1.3 2,l96.3l 133 109 2543.515 IJGIfi' BASIl DESIGN E EACH 1K5.0 22 14.63o.IX 6 3,99D.00 7 4,635.00 5..1 3,657.50 2 1,330.01 l..l 997.5 134 109 2543.521 l..slllUGlD STIBL COND1Jl1' UN Ff S1U( 332 3,618.80 166 1,809.40 80 872.00 86 937.41 133 109 2545.521 4'IlIlllD II'nlIlL CONDtlIr 12 LlNFI' 128.9 144 4,161,60 144 4,161.110 bIdlab_oamporison..splIl 8I1ll12OO4 . . Preliminary Schedule I WSB Project: CSAH 19, Smitblown Roa4, CC Road Design by: RCH Project LocaIt/J1l: Shomvood, MN ClteckId by: DWS, CTR WSB Project No: 01388-01 Otte <112712004 CSAH 19 (C.P. 9821) Estimate of Quantity and Cost Enlllneer I E1Umate Storm s...... CSAH 19 CSAH 19 CSAH19 CSAH 19 CSAH 19 Smllhtown Road Country Club Road CII)' of Sborowood ClI)' otTollka Bay 30.4 % S.A.P. 27.619-18 S.A.P.27-611l-18 S.A.P. 27-619-18 C.P. 9821 S.A.P. 21fMl2~02 B.A.P. 216-02~02 s.A.P.216-101-02 s.A.P.216-108-02 37.8 %S.A.P. 216-020'()2 H.no.plll COIIIII)' Henn.pln COUllI)' R.E-P.P. FUlld. CII)' ofShorowood City of Sborewood CII)' of Shorowood CII)' ofSborowood Local Co.t Local Co.t 12.1 % S.A.P. 216-101-02 SIre._plo. HoolI.plll COUllty Streetscop1na 5.8% S.A.P. 216-108-01 LINE SHEET Pro oct Total Local Fulldl 13.9% Tonka Bay NO - Ullit - - - - - - - - - - - - - - - - _lied IlItImIled - - 1lItIm..... - No. - _nil.. N_ Ullit Price ""","Iv Cot! ~ Cool au.nlilv Cotl -~ COIl au.nlilv Cool 0u0nIl1v COlI Cluond1v Cool 0u0nIlIv Cool o-titY Cool OuooiiLY Cool Cluond1v Cool 136 109 Z545.5%1 1.5"NQN.NETAIUC CONDlllr Z9 LlNFr 14.l0 4100 17.220.00 1!l86 8.142.60 1745 7,154.50 m '34.10 241 "8.10 1.7 109 Z545.531 UNDllllCJllOtlND WlllIl4 COND NO 6 UN Fr 11,10 4151 1',585.60 11ft 6.417.60 US5 3,411.00 168 750.40 '57 m.611 131 lot Z545.m UNDllllGJlOlJND WlllIl1 COND NO 8 LlNFr 80.54 4152 2.620.08 1192 1,237.68 If35 l,Il44.tIl 168 144.71 .57 192.78 139 lot 2505.541 SIlllVlCl! CAlllNlll' 8IlCONIlA1lYTYPEn EACH 1S.74iJ.00 1.00 5.765.00 0.4, 1,04.85 0.4. 1,478.35 0.08 461.20 140 109 2505.602 FtJRNlllIlLllMlNAlBI! (250 WAlTHP8) EACH 81.610.00 1.00 1.610.00 0.5 105.00 0.5 105.01 141 103 2545.601 FtJRNlllIlUGHIlNClllNIrTYPE SPECIAL EACH 34,447.00 1.00 4,447.00 0.5 1,213.50 0.5 1,113.5 141 103 2545.601 INSTAU.UClHT STANDAlD A LIlMINAIRIl EACH 8%16.00 6 1,1f6.00 6 1,136.00 143 2554.601 IMPACT ATIllNIIA'l'OII. BAlIRELS EACH 124'.00 18 4,374.00 18 4,374.00 144 2534.601 lUlLOCATIlIMPAcr ATl1!Nt1ATOII. BA1l1UlL8 EACH 84'.25 , '''.25 , '''.25 105 25 1563.601 'ltlAFfIC CONTII.OL LlIMP SVN: 817,000.00 1.00 17,000.00 0.53 15,330.00 0.03 810.00 0.01 S4G.00 0.09 1,430.00 0.01 170.00 0.050 1,350.00 0.03 810.00 0.01 S4G.0 0.01 170.00 0.15 4,050.00 146 1563.601 MEDIAN BAll1llE1l.DIlLlNEATOII. -1WQ WAY EACH 34.87 36 m.31 .6 m.32 147 2.563.602 II.AlSIlDPAYmIENT_ EACH 81.5 120 188.40 120 181.411 148 ,. 1564.531 FAI S1ClNPANIlLSTYPEC 31 aQFr 825.00 467.25 11,681.15 4OS.00 10,125.00 34.75 861.75 17.50 687.50 1" 2.564.536 INSTAU. SIClN TYPE C EACH 8114.00 4 056.00 2 111.00 2 111.00 150 1564.602 F A I SIClN PANBLS TYPE SPECIAL EACH 1165.00 3 735.00 1 530.00 1 165.00 Ul !18 1564.602 PAVEMENT MESSAClB (ONLY) EPOXY EACH Il9O.00 . 'SO.OO . 570.00 1 '80.00 U2 " 2.564.602 PAYmlENTNEBlAClIl (LT All.ll.OW) EPOXY EACH 1135.00 10 1,350.00 8 1,080.00 2 270.01 153 ,. 1564.602 PAVEMENTNEBIAClB (llT All.ll.OW) EPOXY EACH 1135.00 , 1,115.lMJ 8 1,_00 1 135,0Il 154 ",26 1564.603 4N lOUD L1NI! wmm.. PAINT UN Fr 10.64 5880 3,763.2 5880 3,763.20 ISS !l8,26 1564.603 4" lOUD L1NB YELLOW"PAINT UNFr 10.53 1S480 8,204,40 15480 8,204,4 156 ,. 2.564.603 11" SOUD LINI! WIIITB - PAINT UN Fr IUl 110 5OS.81 180 505.10 U7 ",26 1564.603 4' SOUD LINI! WIIITB. EPOXY UNFr 10.74 3351 7,364.48 ,m 7,234.91 m 113.5 U8 ,. 1564.60' 4' lOUD LINII 'iELLOW.IlI'OXY LlNFr 10.73 5787 4,340.25 5787 4,340.15 I" ,. 1564.603 4' DOIlllUl lOUD LINI! 'iELLOW-EPOXY UNFr llA' 1148 1.853.51 457 680.33 401 606.4. 384 57:1.16 169 98,26 1564.603 8' BIl0KEN LINI! WlllTB-IlI'OXY LlNFr 10.33 40 38.01 40 31.00 161 ,. 1564.603 12" SOUD IJNI! 'iELLOW .IlI'OXY UNFI' $5.35 60 331.0! 60 357.00 16% ,. 1564.60. 14' SOUD IJNI!'iELLOW.EPOXY LlNFI' IS." IOS 624.1l 80 47'-00 25 141.75 163 ,. 2.564.618 ZIlBllA CII.08SWALK-WlllTBPOLY FI\EFOIlM 8QYD 1132.00 71 ',504.00 30 3,360.00 32 4,314.00 10 1,320.00 164 156B11 FUlL T ACTT CON11lOL IIClNAL 8Yll'IDi A S1Cl8YS 8m,713.00 1.00 m,71S.Ol 0.67 81,5SS.75 0.33 40.163.15 165 154iJ.616 FLABHI!Il SIClNAI. 8YSI1!N aYl 126,184.00 1 26,184.00 1 26,184.00 166 94,35 15'71.501 CONJFIlII.OllS TllEl! 6' HI' BAS 32 'lUll 1323.00 18 5,150.01 18 5,150.00 167 34,35 1571.S02 DIlCIDUOlll TllEl! 1.5 ' CAL BAS 32 TllEl! 132.5.00 12 ',300.01 11 3.!lOO.OO 168 94." 1571.502 DIlCIDlJOUS TllEl!1,5' CAL BAS .2 TllEl! 1373.00 3 1.137.00 3 1.137.00 10 94,95 1571.504 CONIF1lII.OtlB SIIll.11B 5 GAL 33 8IIII.l1B $60.00 34 3,24Q.00 18 1,080.0 36 1,160.00 170 94,35 25'71.505 DI!CIDUOUS 8I111.11B 3 GAL 33 SllllIIB $49.00 87 4,163.00 U 1.411.00 sa 2,841.00 171 94,lI5 1571.503 DIlCIDt701la SIIll.11B 5 GAL 33 8I111.11B $4'.00 100 4,!lOO.OO 33,33 1,633.17 06.67 3,266.83 171 94,lI5 2571.3OD VINllll2 YEAII. NO 1 CONT 33 VINE 127.00 26 moo "" 134.05 17.33 467.31 173 94,95 1571.507 PEIlIlNNIAL 1 GAL CONT 33 PLANr 827.00 51 1,404.0 17.33 467.'1 34.67 "'-09 174 251l.S41 'I1lAN8PLANfTllEl! (SFADE8IZE DO") 30 TllEl! S36G.00 8 1,880.00 8 1,88Q.00 173 7 2.57:1.501 l1!MPOIlAIlY PENCE 4 LlNFI' S3.OS 1662 8,11',10 1873 5,712.65 m 05.411 m 369.OS 440 1,341,00 116 1573.310 IlI8ElI. STAND PIPE 26 EACH S46!.01l 1 465.0 1 465.00 177 257UOlI MlJLCII MATEII.IAL TYPE 1 (l'EMPOIl.All.Y) 26 'ION 1270.00 2 340.01 2 _00 178 1S73.311 TYPE'MlJLCII 26 'ION S31,05 10 314.50 10 314.5 173 1573.304 INIBI' Pll.OTEC'IIONTYPE A 26 IlACII 1210.0 75 15.750.01 75 15,730.00 110 1573.540 FIIlEIlLOG 26 LIN FI' 84.8 300 4,383.01 300 4,383.00 181 2.573.602 l1!MPOIlAIlY 8ED1N1!Nr'lllAP 16 EACH $S4G.00 I 540.00 1 S4G.00 181 7 1373.603 S1LTFENCE TYPE MACHINE SI.lCED 26 LlNFI' 11.84 3194 6,980.36 2830 5,207.20 183 336.71 313 575.32 468 861.11 183 7 1575.501 IlEl!3)INCl ACllB 1350.00 4.17 1,453.30 4.17 1,453.51l 184 94,35 2575.SS0 COllIPOST, ClIlAIlIl2 33 alYD 154.00 33 1,86:t.0Il 17.67 "4.1 3'.33 1,307.81 bidtab__rlsllILSPil 4 8/1912004 ~~~- I ~ l'! Iii ~~-q j ~ ~ ~ ~ I; ; I g g a u il _ ooo~ ! Il'f :b~.B'S i s :s ~ a ! l~--obi .. N " ~ .. .. ... ... - : Ie ;: ~ ~ . . N :: ::: ~ N ! i '" S !..; ~ ~ ~ ... C1 ~~ Scnc:nrn l ~ "';j! ;j! ~ o:l ..; I IJ! 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II . 1!!!llq,UI~m!puUph9l!i hUll III ilmm (I i III m umn _"~.,"~~~~2=~~~~~e~iiiiiiii~iiiiii ; I, I -= I . Hennepin County Transportation Department ~"'M'''''", II 11 Ii fl I AUG 1 9 2004 . .......,M- )j 763-745-7500, ~t).<;>rw" 763-478-4000,118,>tf: 763-478-4030, TOO' www.co.hennepin.mn.us 1600 Prairie Drive Medina, MN 55340-5421 August 16, 2004 Mr. Craig Dawson City of Shorewood 5755 Country Club Road Shorewood,~ 55331 Mr. Larry Brown City of Shorewood 5755 Country Club Road Shorewood,~ 55331 Ms. Sarah Irvine City of Tonka Bay 4901 Manitou Road Tonka Bay, ~ 55331 Re: CSAH 19 / Smithtown Road Hennepin County Project No. 9821 Dear Mr. Dawson, Mr. Brown, and Ms. Irvine: . As you know, bids were opened for the referenced project by the City of Shorewood on August 4, 2004. Hardrives, Inc. was low bidder with a bid of $4,049,602. This represents an increase of $912,813 over the engineer's estimate of$3,146,789. Our staffs met on August 12 to discuss the situation. It appeared from the meeting that there were several potential changes that could be made to the plans to reduce the cost of the project. WSB has since reviewed the pavement section and the backfill for the areas where contaminated soils are to be removed, and they have concluded that revisions can be made that will not be detrimental to the integrity of the project but will reduce costs. Additional revisions may be possible to further reduce the cost of the project. The County and WSB continue to study the plans and specifications to see what changes could result in further cost savings. . In light ofthe information outlined above and the desire to reflect the changes in a competitive environment, the County feels that it is in the best interest of the public to re-bid the project. We seek concurrence with re-bidding from both Shorewood and Tonka Bay. We also respectfully request that Shorewood again serve as lead agency, with a bid opening date such that the construction contract could be awarded in early November 2004. With this schedule, excavation of the pond could occur over the winter and the overall project could be substantially completed by November 2005. Also, please be advised that it is the County's intention to install a temporary traffic signal at the intersection of CSAH 19 and Smithtown Road within the next week or so. If you have any questions, or if you require additional information, please feel free to call Craig Twinem at 763-745-7653. Sincerely, C~~ James N. Grube, P.E. Director, Transportation Department and County Engineer An Equal Opportunity Employer Recycled Paper CITY OF SHOREWOOD RESOLUTION NO. 04 - A RESOLUTION REJECTING BIDS FOR THE COUNTY ROAD 19 - SMITHTOWN ROAD IMPROVEMENT PROJECT; S.A.P. 27-619-18, CITY PROJECT NO. 97-07 WHEREAS, pursuant to Resolution 04-057 adopted June 14,2004, an advertisement for bids for the County Road 19 - Smithtown Road Improvement Project, City Project No. 97-07 was published, bids were received, opened and tabulated on August 4, 2004 at 10:00 a.m. according to law (such tabulation is attached hereto and made a part hereof as Exhibit A); and WHEREAS, the City Council has determined that the bids submitted were in excess of the budgeted amount to construct said improvement project. . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. That the Mayor and City Administrator/Clerk are hereby directed to reject all bids received for this project. ' 2. That the City Administrator/Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with said bids. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 23rd day of August, 2004. . Woody Love, Mayor Craig W. Dawson, City Administrator , .. ... 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 FROM: Liquor Committee DATE: August 19,2004 . SUBJECT: . Major Findings from Liquor Marketing Study . In May, the City Council authorized the service~ of Dakota Worldwide, Inc., to review the operations of Shorewood Liquors and assess the implications of a new store by the intersection of CR 19, Country Club Road, and Smithtown Road. The firm studied many scenarios, and the Liquor Committee focused on the ones which were most likely and over which the City could exercise some control. The executive summary and summary tables are attached to this memorandum. The market area was defined as Highway 101 to the east, Chanhassen to Saint Bonifacius to the south, Mound to the west, and Spring Park, Navarre, and Deephaven on the north. Within this area, MGM Liquors controls the largest market share -28.31 percent - with three stores. Shorewood Liquors,. with two stores, has the second largest market share - 15.37 percent. The study evaluated three locations for Shorewood - the northwest (Legion) quadrant of the intersection, the southeast (Oasis Market) quadTant of the intersection, and the single-family resideQtial property east of Truffle Hill Chocolate - as well as one location in Tonka Bay, the Tonka Village Shopping Center. They were evaluated as operating as single sites, as well as two sites operating simultaneously - one inShorewood, and the one in Tonka Bay. Without competition in Tonka Bay, opening a third store would generate additional sales to the Shorewood system of $31 0,000 to $450,000. These increases in overall sales are not very profitable, however, as expenses for operating a third store would reduce profits from $105,000 projected for 2004 to the $20,000 - $65,000 range. It would appear that about $775,000 in sales is necessary for any operation - in Shorewood or Tonka Bay - to "break even". Dakota Worldwide's projections indicate that either of the locations, either public off-sale in Shorewood or private off-sale in Tonka Bay, would be fortunate to reach that level of sales. If a successful private operation were to open in Tonka Bay and Shorewood were to open a third store, the profits of the Shorewood system would at or below SO-that is to say, Shorewood Liquor operations would lose money. *11 B' o PRINTED ON RECYCLED PAPER \> Liquor Committee Report August 23, 2004, City Council Meeting Page 2 In short, competition in Tonka Bay should not affect the viability of Shore wood Liquors unless Shorewood also built a store to the intersection. That competition would reduce the net profit of Shorewood's liquor operations. The best scenario for all would seem that no liquor store be established in the CR 19 intersection area. As it is, staff understands that an application currently is being made for a private off-sale liquor establishment in the Tonka Village Shopping Center. RECOMMENDATION: The Liquor Committee recommends that the City Council take no action at this time, and revisit the concept of opening a third store at this time next year in preparation for the 200~ . budget deliberations. . ~~, . . DAKOTA \ Shorewood, Minnesota . Prepared for: City of Shorewood By: Dakota Worldwide Corporation June 2004 CaSOOl 4801 81st Street, Suite 105 · Minneapolis, MN 55437 Telephone 952.835.4505 · Fax 952.835.4461 Internet: www.dakotaww.com E-mail: dakotaWW@dakotaww.com Shorewood, Mim,esota Market Study (COSOOl ....June 2004) Page 1 Executive Summary' The pmpose of this market analysis study is to determine the feasibility of opening a third Shorewood Liquor store in the city that would replace the Tonka Bay store managed by Shorewood in the Tonka Bay Center. Three locations of 4,000 square feet (2,500 sales area square feet) are tested at the intersection of County Road 19 and Smithtown Road. Also tested in conjunction with the three sites is the maturation of image for MGM at Map Key 2, The Barrel at Map Key 11 and Y Liquor at Map Key 16, the downsizing or closing of Shorewood Liquor # 1, a possible new store in a remodeled Tonka Bay shopping center, a closed Bottle Basket at Map Key 3 and the feasibility of further expanding Shorewood #2 as a single super store. This trade area includes all of the cities of Shorewood, Woodland, Deephaven, Greenwood, Tonka Bay, Excelsior, Spring Park, Minnetonka Beach, the Navarre portion of Orono, and parts of Victoria, Chanhassen and Minnetonka. Population growth for the trade area was 3.7% since the 2000 Census and future growth will be approximately 4.3%, primarily due to developments . in Chanhassen and Victoria. MGM Liquor Warehouse is the market share leader with three stores and a 28.31 % market share, closely followed by Shorewood with two stores and a 15.37% market share. Haskell's with a 14.47% market share, Cheers with an 8.51% market share, Tonka bay Bottle with a 7.15% market share, Byerly's at 6.39% market share, and Excelsior Vintage with a 4.06% market share. The remaining six stores have a combined market share of 6.17%. Float is 9.5.7% and consists of the sales leaving to stores outside the trade area, sales in off-sale departments of local bars and 3.2 beer sales in grocery stores. Shorewood #2 at Map Key 8 is an excellent location, and the site for Shorewood #1 is a good convenience quick stop location adjacent to a Holiday Station store. The three sites tested at Smithtown Road and County Road 19 all can achieve different degrees of success dependent on the ingress/egress available after the reconstruction of the intersection. Site 2001 with a left turn . to and from a Frontage Road and Site 3000 has the best chance for success with sales exceeding $900,000 a year. Without the ability to make a left turn from County Road 19 sales projections at the Oasis location can drop by approximately $138,000 per year. The determining factor as to the success of a new site is sister store effect. The close proximity of Shore wood # 2 to the sites limits sales gains to less than $550,000 or $275/square foot at best. A competitive store in the Tonka Bay Shopping Center will have a lesser affect on the existing stores because of no sister store effect, especially if they maintain a merchandising and pricing advantage over a new competitor in a center with less than a strong performance in recent years. The closing of Shorewood # 1 will do little to add to the overall sales structure for the Shorewood municipal operation since the sales will be picked up fairly evenly by all the competitors in the first 1 to 2 miles. Dakota Worldwide Corp. 4801 Blst'Street, Suite 105 · Minneapolis, MN 55437 Telephone 800.475.4505 . Fax 952.835.4461 . . SI,orewood, Minnesota Market Study (COSOOl -June 2004) Page 2 The projections for the various scenarios are found in the following Decision Matrix. The comparison of these scenarios, and especially the sales per square foot, with a break even profit and los~ analysis will best determine the best course of action for the city of Shorewood. Tacticp1ly, the best scenario would seem to be the downsi~ing and remodel of Shorewood # 1 and continued emphasis on building up the inventory mix and strengthening the merchandising at Shorewood # 2. Scenario # 5 was included as a test for one Shorewood Liquor Superstore adjacent to Cub to show the strength of the overall location. As a stand alone operation its sales are only slightly higher than both stores today. This probably does not justify closing Shorewood # 1. However, it does show the potential available and the overall strength of the location. Dakota Worldwide Corp. 4801 Blst Street, Suite 105 . Minneapolis, MN 55437 Telephone 800.475.4505 . Fax 952.835.4461 SIIorewood, Minnesota Market Study (COSOOl ...June 2004) Page 3 Decision Matrix ( . # ~ ~ #1 doWDSize New store in Site 2000 Site 2000 Site 2000 . #1 down size Touka Bay . Site 1000 wneft tum wneft tum wneft tum Map Name Current .M8rket Market . Scenario scenario Scenario Scenario . Scenario Scenario Scenario Key Address Market ~anges # 1 Changes #1,. 1 1A 2 3 3A 3D 3C 8 Shorewood Liquor # 2 $1,367,400 $1,393,964 $1,160,869 $1,397,458 $1,163,650 $936,137 51,016,224 5895,517 $1,017,599 $1,024,843 County Road 41/Highway 7 5546.96 5557.59 $464.35 $558.98 $465.46 5370A5 $406.49 $358.21 $40,704.00 $409.94 8.2 Shorewood Liquor # 2 (expanded) Not Open Not Open County Road 41/Highway 7 9 Shorewood Liquor 1# I 856,600 861,104 843,820 802,736 797,043 788,254 - Old Marl<etlHighway 7 417.85 420.05 411.62 391.58 388.80 384.51 9 Shorewood Liquor # 1 (remodeled) m,ll5 756,418 701,904 703,457 Old Market/Highway 7 457.13 444.95 412.88 413.80 1000 Shorewood Liquor Site 1000 Not Open Not Open Not Open Not Open Not Open 835,647 Not Open Not Open Not Open Not Open County Road 19/5mithtown 334.26 2000 Shorewood Liquor 2000 (wlleft) Not Open Not Open Not Open Not Open Not Open Not Open 972,844 820,880 973,811 988,892 County Road 19/5mithtown 389.14 328.35 389.52 395.56 2001 Shorewood Liquor 2001 (wo left) Not Open Not Open .Not Open Not Open Not Open Not Open Not Open Not Open Not Open Not Open County Road 19/5mithtown 3000 Shorewood Liquor 3000 Not Open Not Open Not Open Not Open Not Open Not Open Not Open Not Open Not Open Not Open County Road 1915mithtown Totals $2,224,000 $2,255,068 $2,004,690 $2,174,573 $1,920,069 $2,564,521 $2,786,110 $2,504,651 $2,693,313 52,717,193 $ISF $488.79 $495.62 $440.59 $517.76 $457.16 $363.76 $395.19 $355.27 $401.99 $405.55 MS 15.37% 15.33% 13.53% 14.82% 12.69% 17.81% 19.44% 17.36% 18.98% 19.16% GainlLoss ($250,378) (580,495) ($334,999) $309,453 $531,042 $249,583 $438,245 $462,125 Dakota Worldwide Corp. 4801 811t Street, Suite 105 . Minneapolis, MN 55437 .elephone 800.475.4505 · Fax 952.835.4461 . . . Dakota Worldwide Corp. 4801 811t Street, Suite 105 . Minneapolis, MN 55437 Telephone 800.475.4505 . Fax 952.835.4461 Page 5 SI,orewood, Minnesota Market Study (COSOOl ...June 2004) Market Changes: Market Change 1: MGM at Map Key 2, The Barrel at Map Key 11 and Y Liquor at Map Key 16 images matures. Market Change 2: MGM at Map Key 2, The Barrel at'Map Key 11 and Y Liquor at Map Key 16 images matures. A new liquor store opens at Map Key 100. Scenarios: Scenario 1: Scenario lA: Scenario 2: Scenario 3: Scenario 3A: Scenario 3D: Scenario 3C: Scenario 3D: Market changes in effect. Shorewood #1 remodels and downsizes to 2,800 total square feet (1,700 sales area square feet) Market changes in effect. Shorewood #1 remodels and downsizes to 2,800 total square feet (1,700 sales area square feet). A new liquor store opens at Map Key 100. . Market changes in effect. A new 4,000 total square foot (2,500 sales area square feet) Shorewood Liquor opens at Site 1000 at the intersection of Smithtown Road and County Road 19. This projection assumes no left turn accessibility. Market changes in effect. A new 4,000 total square feet (2,500 sales area square feet) Shorewood Liquor opens at Site 2000 at the intersection of Smithtown Road and County Road 19. This projection assumes left turn accessibility with a Frontage Road on County Road 19. A new liquor store opens at Map Key 100. . Market changes in effect. A new 4,000 total square foot (2,500 sales area square foot) Shorewood Liquor opens at Site 2000 at the intersection of Smithtown Road and County Road 19. This projection assumes left turn accessibility with a Frontage Road on County Road 19. Shorewood #1 remodels and downsizes to 2,800 total square feet (1,700 sales area square feet). Scenario 3B with Bottle Basket at Map Key 3 closes. Market changes in effect. A new 4,000 total square foot (2,500 sales area square feet) Shorewood Liquor opens at Site 2000 at the intersection of Smithtown Road and County Road 19. This projection assumes left turn accessibility with a Frontage Road on County Road 19. Shorewood Liquor #1 at Map Key 9 is closed. Dakota Worldwide CorD. 4801 81st Street, Suite 105 · Minneapolis, MN 55437 Telephone 800.475.4505 . Fax 952.835.4461 Page 6 Sllorewood, Mim,esota Market Study (COSOOl -Julie 2004) Scenario 3E: Scenarto 3F: Scenario 3G: Scenario 3H: . Scenario 4: Scenario 4A: Scenario 4D: . Scenario 4C: Scenario 4D: Scenario 5: Scenario 3D with Bottle Basket at Map Key 3 closed. Market changes in effect. A new 4,000 total square foot (2,000 sales area square feet) Shorewood Liquor opens at Site 2000 at the intersection of Smithtown Road and County Road 19. This projection assumes left turn accessibility with a Frontage Road on County Road 19. Market changes in effect. A new 4,500 total square foot (3,000 sales area square feet) Shorewood Liquor opens at Site 2000 at the intersection of Smithtown Road and County Road 19. This projection assumes left turn accessibility with a Frontage Road on County Road 19. Market changes in effect. A new 4,000 total square foot (2,500 sales area square feet) Shorewood Liquor opens at Site 2001 at the intersection of Smithtown Road and County Road 19. This projection assumes no left turn accessibility at this site. Market Changes in effect. A new 4,000 total square feet (2,500 sales area square feet) Shorewood Liquor opens at Site 3000 at the intersection of Smithtown Road and County Road 19, east of the Tonka Bay Shopping Center. . . Scenario 4 with a new liquor store opens at Map Key 100. Market changes in effect. A new 4,000 square foot (2,500 sales area square feet) Shorewood Liquor opens at Site 3000 at the intersection of Smithtown Road and County Road 19, east of the Tonka Bay Shopping Center. Shorewood #1 remodels and downsizes to 2,800 total square feet (1,700 sales area square feet). Scenario 4B with Bottle Basket at Map Key 3 closed. Market changes in effect. A new 4,000 total square foot (2,500 sales area square feet) Shorewood Liquor opens at Site 3000 at the intersection of Smithtown Road and County Road 19, east of the in Tonka Bay Shopping Center. Shorewood Liquor #1 and Bottle Basket at Map Key 3 are closed. Market changes in effect. Test Shorewood # 2 expanded to a 9,500 total square feet (5,000 sales area square feet) Superstore at Map Key 8.2 and Shorewood Liquor #1 is closed. Dakota Worldwide CorD. 4801 81st Street, Suite 105 · Minneapolis, MN 55437 Telephone 800.475.4505 . Fax 952.835.4461