052404 CC Reg AgP
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CITY OF SHOREWOOD
CITY COUNCIL REGULAR MEETING
MONDAY, MAY 24, 2004
5755 COUNTRY CLllB ROAD
COUNCIL cH.AMBERS
7:00 P.M.
AGENDA
1. CONVENE CITY COUNCIL MEEnNG
A. RoU Call
MayOr Love-
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ZerbY _
.'fUraeOD. --
B. 'Review Agenda
2. APPROVAL OF MJNUTES
A. City Council RegularMeetin8 Minutes, May 10,2004 (Att.-MinuteS)
3. CONSENT AGENDA - Motion to approve itemS on Consent Agenda" Adopt~
Therein:
NOTE: Give the public fill opportunity to request l1li item N renttmtl".. lIt.
Consent Agenda. ComtneJrtS can H taken or questions askedloUowin,,..,.lJHln
Consent Agenda.
A. Approval of the Verified ClaimS List (Att.- Claims List)
B. Stafl'ina - No action required
C. Approvals for Excelsior Firefighters 1le1ief Association Dan.ce 011 July 16~.1004(AU.""
Deputy Clerk'slPlannins Director's memorandum)
1. Temporary 3.2 Percent Malt liquor Ucease (AU. Reso1utioD)
2. Special Event pennit
3. Temporary Sip permit - 24100 Smi1;htown Road
D. ApptoVI1 oftbO hvised cooperatiw ~ wilhMNOOT _.,_l'Ilk~
Closure (Att.- Public Works Director's memorandum. Resolution)
E. A.greemeIlt for Meeting Space tbr Lake Minnet011ka VFW Post '5919 (Au. - J.)eputy
Clerk's memorandum,~)
F. Sip Permit J.lecp1eStI (Att. - Planning ])irector's ~)
1. Applicant }{airazors Salon
Location: 23690 Highway 7
2. Applicant: shoreWOOd Liquor
Location: 23670 Highway 7
CITY COUNCIL AGENDA - MAY 24, 2004
Page 2 of3
G. Accept Bids and Award Contract for Bituminous Seal Coating of Roadways :(A1:t -Public
Works Directort. memonndtun. Resolution)
H. Shorewood Yacht aub Multiple Dock Facility License (AU. ... PlanniDl~1
memorandum)
4. MATTERS FROM THE FLOOR (No Council action will be takea.)
5. REPORTS AND PRESENTATIONS
6. PUBLIC HEARING
7. PARKS - Report by R.epr~ve
A. Report OIl Park Commission Meetina Held May lIt 2004 (AU.- DrlitMiDutes)
B. Authorizins Expeodimre of Funds for Music in the Park (AU.- Public Wodcs Director'.
memorandum)
8. PLANNING - Report by Rcplcsentative
A. Preliminary Plat - Linden Hills ~ Addition (Alt. - pJanDina Director'. ........... ~
ApplicaDt: Water Street Homest LLC
5940/.5950/5960 Lake Linden Court
B. C.U.P. for Telecommunications Facility (Att. ... plsmni. Diroctortl~"""8.esolutkm)
Applicant: T -Mobile USA. Inc. '
Location'5Soo Old Market Road (Southeast Water Tower)
C. C.U.P. for Accessory Space over 1200 Sq. Ft. (Alt.... plannifla Dircdort. ~~Jm"Il"-Nt)
Applicant: O. Dale Larson (Rep. by SbarraU Desip " Co.) . .
Location: 27980 Smithtown Road
D. ZoniDa ~ Text Amendment to R-C District ConditioP1 Utes (Att....~
Directortl memorandum. Draft Ordinance) .
E. Final Stage PlaDs... Bosworth P.U.D. (Att. ... planning Directort, memoJ'llMlwn)
Applicant: Dr. Kelly Bosworth
Location: 6120 and 6140 Lake Linden Drive
9. GENERAL/NEW BUSINESS
A. SelectioIl of ConsultaDt for Liquor Operations Study (AU. - LicpIor Cornmitkle'.
memorandum)
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CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236
FAX (952) 474-0128 . www.cLshorewood.mn.us · cityhall@ci.shorewood.mn.us
Executive Summary
Shorewood City CouncU Regular Meeting
Monday, 24 May 2004
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. An EDA meeting will immediately follow the Regular City Council meeting this evening.
Agenda Item #3A: Enclosed is the Verified Claims List for Council approval.
Agenda Item #3B: Staffing - None
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Agenda Item #3C: The Excelsior Firefighters Relief Association (EFRA) has submitted several
documents in support of its annual fundraising event at the new Fire Station located at
24100 Smithtown Road on July 16, 2004 from 5 :00 PM to Midnight. This will be the 20th
year that the Relief Association has held this fundraising event, and the first year for it to
be held in the City of Shorewood. The EFRA is requesting:
1. A temporary license to sell 3.2 Percent Non-Intoxicating Malt Liquor
2. A Special Event Permit, as required in the- CUP for the South Lake
Minnetonka Public Safety Facility-West; and
3. A Temporary Sign Permit
Staff is recommending approval of the requested permits, contingent upon receipt of the
appropriate Certificate of Liability Insurance documents, which the EFRA is in the process
of securing.
Agenda Item #3D: On August 2, 2002, MnlDOT and the City of Shorewood executed a
Cooperative Agreement No. 83226, whereby MnlDOT agreed to pay the City of
Shorewood $75,600 to close the driveway access from Freeman Park onto State High-
way 7. MnlDOT has since renegotiated a revised amount of $61,788.98. Staff is
recommending approval. of the amended contract.
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Executive Summary - City Council Meeting of 24 May 2004
Page 2 of 3
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Agenda Item #3E: Since July, 2003, the VFW Post # 5919 has used the Shorewood City Hall
facility for its monthly meetings on the second Wednesday of each month. This arrange-
ment has not created any scheduling conflicts. Should the need arise for the City to hold a
Wednesday meeting, a 20-day notice to the VFW Post #5919 would need to be provided.
Staff recommends Council approve an Agreement for Meeting Space between the City of
Shorewood and the VFW Post #5919 for the period July 1, 2004 - June 30, 2005.
Agenda Item #3F: Sign permit requests have been received for the HairRazor's Salon and the
Shorewood Liquor Store, both located in the Shorewood Village Shopping Center. Both
applications comply with the requirements of the overall sign plan (C.U.P.) for the center.
j\pproval is recommended.
Agenda Item #3G: Bids were received, opened, and tabulated on May 19th for the bituminous
seal coating of roadways for the Cites of Shore wood, Greenwood and Tonka Bay. Allied
Blacktop, Inc. is the lowest responsible bidder. The award of the bid is based upon the
total bid amount for all cities. Staff is recommending that the contract be awarded to
Allied Blacktop, Inc. for an amount not to exceed $39,000. This will keep the overall
contract costs within the $60,000 budgeted for the year 2004.
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Agenda Item #3H: Shorewood Yacht Club has applied for its annual license to operate a
multiple dock facility. Subject to compliance with the L-R district and C.U.P.
requirements, approval is recommended.
Agenda Item #7 A: A report on the May 11 Park Commission Meeting will be provided.
Agenda Item #7B: The Park Commission has solicited various bands for the Music in the
Parks Events. The Park Commission has recommended approval of the expenditure of
funds for the event in the amount of$I,650 for all three events.
Agenda Item #8A: Water Street Homes proposes to combine three lots in the new Linden
Hills development and replat them into two. Preliminary plat approval is recommended. .
Agenda Item #8B: T-Mobile has requested a conditional use permit to locate their
telecommunications equipment on the southeast area water tower. The Planning
Commission voted unanimously to recommend approval. A rough draft of the lease
agreement is included herein for your consideration. There are a couple of items
proposed to be changed by the City Attorney. These will be discussed at the meeting on
Monday night.
Agenda Item #8C: Dale Larson has requested a conditional use permit for accessory space at
27980 Smithtown Road. The Planning Commission voted unanimously to recommend
approval of the request.
Agenda Item #8D: The Planning Commission, having studied the R-C zoning district in
conjunction with the Bosworth P.U.D., has recommended certain amendments to the
Code. A draft is included herein with changes highlighted in red. A formal text
amendment is also include for your consideration
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I ~ Executive Summary - City Council Meeting of 24 May 2004
... Page 3 of 3
Agenda Item #8E: After considerable, lengthy discussions, the Planning Commission has
recommended approval of the final plans for the Bosworth P.U.D. A final draft of the
development agreement is included for your review.
Agenda Item #9A: The 2004 Liquor Enterprise budget includes $20,000 to analyze the
feasibility of a third liquor store (which the Tonka Bay store was when it was in the
system). After discussion earlier this year, the Liquor Committee agreed that it would be
prudent to analyze the entire system of stores regarding positioning and viability in the
marketplace. Two firms responded to an RFP for consulting services. Liquor Committee
and staff agree whereby Dakota Worldwide, Inc., with its quantitative orientation, should
be retained to perform an analysis (estimated to be $7,000 plus expenses). If the analysis
is neutral to favorable to open a third store, it would be advisable to retain the more
qualitative services of Springsted, Inc., at a fee to be determined later, to review Dakota
Worldwide's analysis and to work on financing matters for the third store.
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Agenda Item #9B: The Shorewood Parks Foundation has nominated Paula Callies to serve as
a Director through February 28,2007. She would fill the one director position remaining
open on the Board. Council is responsible for making the appointment.
Agenda Item #9C: Hennepin County is soliciting approval of the easement agreements, for
temporary construction and permanent easements across four parcels owned or jointly
owned by the City of Shorewood. Staff will present these in detail at Monday's City
Council meeting. Staff is recommending approval of the resolution that authorizes the
execution of the easement agreements requested.
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CITY OF SHOREWOOD
CITY COUNCIL REGULAR MEETING
MONDAY, MAY 10, 2004
5755 COUNTRY CLUB ROAD
COUNCIL CHAMBERS
7:00 P.M.
MINUTES
1. CONVENE CITY COUNCIL MEETING
DR~fl
Mayor Love called the meeting to order at 7:02 P.M.
A.
Roll Call
Present:
Mayor Love, Councilmembers Garfunkel, Zerby, and Turgeon; Administrator Dawson;
Engineer Brown; Attorney Keane; and Finance Director Burton
Absent:
Councilmember Lizee
B.
Review Agenda
Administrator Dawson added item #7B, Concession Operation Agreement, to the Agenda.
Garfunkel moved, Zerby seconded, to approve the Agenda as amended. Motion passed 4/0.
2. APPROVAL OF MINUTES
A. Board of Review Meeting Minutes, April 26, 2004
Zerby moved, Turgeon seconded, Approving the Board of Review Meeting Minutes of April 26,
2004, as submitted. Motion passed 4/0.
B. City Council Regular Meeting Minutes, April 26, 2004
Garfunkel moved, Zerby seconded, Approving the City Council Regular Meeting Minutes of April -
26, 2004, as presented. Motion passed 4/0.
3. CONSENT AGENDA
Zerby moved, Turgeon seconded, Approving the Motions Contained on the Consent Agenda
and Adopting the Resolutions Therein:
A. Approval of the Verified Claims List
B. Staffing - No action required
C. Adopting RESOLUTION NO. 04-041, "A Resolution Approving Subdivision and
Combination of Real Property- Kurt C. Schwarz, 24140 Yellowstone Trail.
D. Sign Permit - Signs Unlimited, rep. National Karate, 23780 Highway 7
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CITY COUNCIL REGULAR MEETING MINUTES
MAY 10,2004
PAGE20F6
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E. Cooperative Agreement with City of Tonka Bay for Asphalt Mill
F. Authorize Expenditure of Funds for Asphalt Mill
G. Barrington Planned Unit Development Grading Permit
Motion passed 4/0.
4. MATTERS FROM THE FLOOR
There were none.
5. REPORTS AND PRESENTATIONS - There were none.
6. PUBLIC HEARING - There were none.
7.
PARKS
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A. Report on Park Commission Meeting Held April 27, 2004
Brown reported that the Lacrosse Association presented its request for field time at Badger Park. Brown
stated that, unfortunately, due to numerous attempts at seeding the fields, the public works staff felt it
would be best to deny use this year to allow the grass to take root. Although disappointed, the Commission
encouraged Lacrosse to return with its request next year.
Brown stated that the Commission reviewed the WSB report on the stormwater basin project at Freeman
Park. After modifications the Commission will present the report to the City Council prior to submitting it
for grant requests and approvals.
Since the Parle Commission will be meeting to finalize its Music in the Parle recommendations tomorrow evening,
Brown indicated that the City Council would be asked for its approval at its next regular meeting.
.
Brown stated that the Park Commission concluded with a work session focused on park activity mapping
which revealed the need for greater detail and an inventory of open spaces.
Turgeon questioned what further action could be taken to improve the soil at Badger Park to ensure future
access by the Lacrosse group.
Beyond the soil condition, Brown stated that drainage is an issue. He stated that the field lacks top soil and
would benefit from drain tile. Having brought in a turf consultant who believed the soil should support turf,
Brown indicated that the recommendation is to allow the seed to germinate.
Turgeon expressed disappointment in having to turn away Lacrosse, a sport growing in popularity. Zerby
concurred, stating that he was encouraged the Commission was looking into other uses for Badger than
merely fall football. Brown reiterated that the Lacrosse Association was encouraged to return with their
request next year.
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CITY COUNCIL REGULAR MEETING MINUTES
MAY 10, 2004
PAGE30F6
B. CONCESSION OPERATION AGREEMENT
Brown referred to the Independent Contractor Concession Operation Agreement distributed to the City
Council. Having held numerous discussions with the concessionaire, Brown pointed out that the vendor was
an experienced business person who had done a great deal of research on the operation and its potential. He
explained that the contractor presented this agreement, which appeared to be his best and final offer, which
had to be executed by May 7, 2004, to be valid. While the rental is based on $200 per month for
operations, the vendor has proposed to purchase and inventory the products and supply the support staff. In
addition, the vendor has agreed to open its books to the City on a monthly basis, if necessary.
While he felt there was not much the City Council could do now. as the agreement had already been signed.
Zerby questioned what happens if the equipment gets broken during use. He indicated that the
indemnification clause was unusual and wondered if there were additional insurance requirements placed
upon this contractor.
Brown stated that the City Council did have the ability to decline the contract. He indicated that the
probability for equipment breaking down based on regular wear and tear was low. He maintained that the
vendor had demonstrated a large commitment to the operation.
Turgeon stated that the concession needs to be open as an amenity to the park users, while not necessarily a
money maker. She stated that she would be willing to take a greater risk this year to get it open, and then
renegotiate the contract next year with a proven operation.
While he agreed it would be nice to see a larger revenue stream. Mayor Love felt this would occur over
time. He askedthe Attorney for his opinion regarding the liability.
While he had not reviewed the document in advance, Attorney Keane stated that it looked much like the
concession agreement used the past year. He explained that the City has broad immunity and cannot be held
liable for everything that happens at its public facilities. He felt that it appeared there was fair allocation of
risk within the contract.
Garfimkel pointed out that with the City purchasing the machines. the vendor can sell whatever he wants.
Brown stated that there is an understanding between the concessionaire and the City what can be sold. He
pointed out that there would continue to be a withdrawal clause in the contract. Garfunkel indicated that he
might support negotiations for the purchase of additional equipment, if the vendor demonstrated a need
down the road. Based on the $1,500 earned last year off the concession operation. Garfunkel noted that
while this would be well under that amount, the benefit might be to see what potential there is in the future.
While he would have liked to have had the City Attorney review the document first, he could support the
contract.
Dawson mentioned that, although the City may earn less off the concession operation this year, much of the
services last year were supplied in kind by the City.
Turgeon commented that the concession would continue to be a great asset to the park.
Turgeon moved, Garfunkel seconded, Approving the Concession Operation Agreement as presented.
Motion passed 4/0.
CITY COUNcn. REGULAR MEETING MINUTES
MAY 10, 2004
PAGE40F6
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8. PLANNING
Gagne reported that the Planning Commission had approved all but one tabled application at its recent
meeting. Although those applications would be heard at a future City Council meeting, he indicated that he
would be available for questions.
9. GENERALINEW BUSINESS
A. Amendments to the Parks Foundation's Bylaws
Dawson explained that at its April 27 Park Foundation meeting, the Board of Directors recommended the
following amendments to the by-laws:
1) Removal of the requirement that once director be a member of the City of Shorewood Park
Commission; and .
2) Adding that a member of the Park Commission would serve as an ex-officio director (a ·
participant without voting rights), and making the ex-officio positions voluntary rather than
mandatory.
Turgeon asked whether Paula Callies, past Park Commissioner, was now a member of the Foundation.
Dawson stated that Callies had expressed interest in becoming a board member.
Garfunkel moved, Zerby seconded, Approving RESOLUTION NO. 04-042, "A Resolution
Approving Amendments to Section 4.04 of the By-Laws of the Shorewood Parks Foundation."
Motion passed 4/0.
B. No Parking on County Road 19
Brown reported that as part of the County Road 19 Intersection Project, each City must pass a resolution
prohibiting parking along the project routes. Since State Aid Funding is being utilized, the State win not .
approve the plans, specifications, and estimate until such time as these resolutions have been provided.
Zerby moved, Turgeon seconded, Adopting RESOLUTION NO. 04-043, "A Resolution Prohibiting
Parking Along Sections of C.S.A.H. 19, Smithtown Road, and Country Club Road." Motion passed
4/0.
10. ENGlNEERlNGIPUBLIC WORKS
A. Request for Advance of Municipal State Aid Funds for County Road 19 Intersection
project
Brown reported that any municipalities desiring an advance in MSA funds were directed to pass a
resolution making such a request to even be considered as a candidate for this process. Since the maximum
allowable advancement is three times the City's State Aid Allotment, Brown indicated that the City had
drafted a resolution requesting the entire amount of $808,835.
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CITY COUNCIL REGULAR MEETING MINUTES
MAY 10, 2004
PAGES OF6
Turgeon pointed out that in order for the construction of the intersection project to proceed, the City was
counting on three times the allotment.
Brown stated that the County has indicated that it will work on the costs of the retaining walls, cover the
cost of the landscaping, and begin the process for the advancement request once it has received this request.
Turgeon stated that she had expressed concerns over the increasing costs for the project on numerous
occasions. In light of the fact that the City has other MSA routes, Turgeon expressed reservations to
borrow three years out on the MSA funds. She questioned where this might leave the City with regard to
other projects and questioned why the County had not given the City credit for all the money it's already
spent getting to this point in the construction process. She maintained that the City had already committed a
great deal of money, staff time, engineering expense, and Gideon Glen impacts to the project, and was told
this did not matter. While she indicated that she felt the project must proceed and was the right thing to do,
she questioned the rising costs at every turn.
. Brown stated that the City would be getting some reimbursements.
Mayor Love stated that Jim Grube assured him that he would review this situation globally and give
consideration within his abilities to the amount of expense invested by the City of Shorewood in this
project. The Mayor stated that Grube felt confident some cost containment would be available for the City.
Turgeon moved, Garfunkel seconded, Approving RESOLUTION NO. 04-044, "A Resolution
Requesting Advanced Financing for the C.S.A.H 19 Reconstruction Project, S.A.P. 27-619-18".
Motion passed 4/0.
11. STAFF AND COUNCIL REPORTS
A. Administrator & Staff
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Based on the fact that the Chamber of Commerce would be hosting an event two weeks from this evening
and the Mayor would be one of the presenters, Dawson asked whether other Council members would be
present for the regularly scheduled City Council Meeting.
The City Council members indicated that they would meet, expedite the meeting, and move on to the
engagement.
Brown reported that over the weekend the City had experienced an electrical failure at Amesbury Well,
which is still being rectified by electricians this evening. While the water is up and running at a minimum,
Brown stated that the homeowners have expressed their concern. Although designed to handle only 25 hook
ups, he pointed out that the system has 136 connections currently and cannot handle the load. Brown stated
that the City needs to determine where to go with this in the future, and the potential of making a
connection to the southeast area system. In need of much improvement, Brown maintained that a long term
solution is necessary.
Turgeon asked if the City had been planning for much needed improvements in this year's CIP.
CITY COUNCIL REGULAR MEETING MINUTES
MAY 10,2004
PAGE60F6
1:
Brown stated that review of the CIP will occur, since the building and controls are both in need of repair.
Although the well seems to be in relatively good shape, Brown suggested that the City consider making the
investment in connecting the two wells, at Amesbury and the Southeast facility, as its long term solution.
B. Mayor & City Council
Mayor Love stated that he had attended a police board meeting at which Excelsior Councilmember Bolles
felt confident he could gain support for purchasing services on a month-to-month basis. Mayor Love voiced
his frustration at Excelsior's reluctance to make the budget whole by stepping up to receive services.
Mayor Love indicated that he had heard comments by local businesses that they would consider paying for
much needed additional services.
Turgeon asked if arbitration had been considered in order to impose some sort of deadline on Excelsior as
new budget talks begin for 2005.
Mayor Love commented that due to Excelsior's reluctance to take a position, it may be left out of .
discussion for consideration of the 2005 budget for enhanced services.
12. ADJOURN
Turgeon moved, Zerby seconded, Adjourning the Regular City Council Meeting of May 10, 2004, at
7:52 P.M. Motion passed 4/0.
RESPECTFULLY SUBMITTED,
Kristi B. Anderson
Recording Secretary
Woody Love, Mayor
ATTEST:
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Craig W. Dawson, City Administrator
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PAYABLESAPPROVALS
For 5/24/04 Council Meeting
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Prepared by: (!(Jf-hJ/.//n;, ~
Catherine E~e, sa- Ac~ountant
Reviewed by: L-~.
Bonnie Burton, F'R Director
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Date: .5-:l0{)1
Date: sjUJloj
Date: 05. '2LJ.tOf
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Check Approval List for 5/2404 Sorted by Department -1
Check # Vendor Name Description Check Date Invoice # Amount
37498 ADVANCED IMAGING SO MAY SVC CONTRACT 5/13/2004 17080 $171.00
37499 ANDERSON, KRISTI B. 1 ST HALF MAY MTGS 5/13/2004 $150.00
37499 ANDERSON, KRISTI B. 1ST HALF MAY MTGS 5/13/2004 $150.00
37503 C.H CARPENTER LUMBE WOOD FOR PK BLDGS 5/13/2004 479791 $144.48
37504 CHAMPION AUTO STOR SHOP SUPPLIES 5/13/2004 250910 $23.41
37504 CHAMPION AUTO STOR SHOP SUPPLIES 5/13/2004 253382 $137.94
37504 CHAMPION AUTO STOR SHOP SUPPLIES 5/13/2004 253495 $23.40
37504 CHAMPION AUTO STOR SHOP SUPPLIES 5/13/2004 253656 $12.76
37505 CONSTRUCTION BULLE SEALCOAT BID AD 5/13/2004 2571436 $131.79
37505 CONSTRUCTION BULLE SEALCOA T BID AD 5/13/2004 2576593 $131.79
37506 CULLIGAN BOTTLED W A 5/13/2004 114X3057 $40.37
37507 DALE GREEN CO BLACK DIRT-PLOW DAMA 5/13/2004 3079 $234.30
37508 DOCUMENT DESTRUCTI SHRED OLD DOCUMENT 5/13/2004 74843 $309.Q7
37509 EXCELSIOR ACE HARD SHOP SUPPLIES 5/13/2004 605308 $9.89
37509 EXCELSIOR ACE HARD SHOP SUPPLIES 5/13/2004 605954 $14.86
37509 EXCELSIOR ACE HARD SHOP SUPPLlES-HARDW 5/13/2004 606242 $13.46 .
37509 EXCELSIOR ACE HARD TRASH BAGS 5/13/2004 608707 $27.66
37510 G & K SERVICES 5/13/2004 043004 $549.92
37511 INTER-TEL INC FAX MACHINE REPAIRS 5/13/2004 1288443 $100.00
37513 !<INKO'S PARKS 5/13/2004 06210004 $22.75
37513 KINKO'S PARKS 5/13/2004 06210004 $79.62
37513 KINKO'S PROT INSP COPIES 5/13/2004 07700000 $42.60
37514 NIELSEN, BRADLEY PLANNING CONF EXPEN 5/13/2004 $1,251.40
37516 POTTS, KENNETH N. APR PROSECUTIONS 5/13/2004 $1,708.33
37518 SBC PAGING 5/13/2004 52006805 $25.75
37519 SHOREWOOD TRUE VAL PARKS SUPPLIES 5/13/2004 60061 $6.58
37519 SHOREWOOD TRUE VAL PARKS - TWINE 5/13/2004 60081 $6.27
37520 SO LK MTKA POLICE DE 1 ST QTR 2004 COURT OT 5/13/2004 $280.30
37520 SO LK MTKA POLICE DE RADIO MONTHLY FEE 5/13/2004 $17.53
37522 VICTORIA REPAIR AND SKATE PK EQUIP REPAIR 5/13/2004 4816 $27.69
37524 ZARNOTH BRUSH WOR SWEEPER BROOMS 5/13/2004 95370 $896.73
37526 BERRY COFFEE CO 5/20/2004 413679 $23.00
37526 BERRY COFFEE CO 5/20/2004 413680 $23.00 .
37530 ICMA RETIREMENT TRU PAYROLL DEDUCTS 5/18/ 5/20/2004 302131-05 $1,219.68
37531 LARKIN, HOFFMAN, DAL GENERAL 5/20/2004 458521 $525.00
37535 MN CHILD SUPPORT PM CHILD SUPPORT - C SCH 5/20/2004 $193.35
37537 ORONO, CITY OF MAY ANIMAL CONTROL 5/20/2004 20040056 $1,626.45
37538 PAZANDAK, JOSEPH MILEAGE 5/3 - 5/14/04 5/20/2004 $52.13
37539 PERA PAYROLL DEDUCTS 5/18/ 5/20/2004 762400-05 $2,585.88
37539 PERA PAYROLL DEDUCTS 5/18/ 5/20/2004 762400-05 $2,384.82
37541 POMMER COMPANY, IN 5/20/2004 51359 $29.88
37544 SAM'S CLUB 5/20/2004 050204 $57.00
37544 SAM'S CLUB 5/20/2004 050204 $84.53
37544 SAM'S CLUB 5/20/2004 050204 $99.47
37545 SCHWAAB, INC RECD/ADDRESS STAMPS 5/20/2004 R18631 $102.n
37546 SENSIBLE LAND USE CO K CONLEY -5/26/04 REG F 5/20/2004 $40.00
37547 TECHIES MAY SVC 5/20/2004 175792 $500.00
37549 US POSTMASTER JUNE NEWSLETTER PST 5/20/2004 $449.16
37550 WM. MUELLER & SONS, I BLACKTOP 5/20/2004 90558 $486.46
37554 BERRY COFFEE CO 5/25/2004 416643 $23.00
37554 BERRY COFFEE CO 5/25/2004 416644 $23.00
37563 LUSTRE-GAL FIXED ASSET TAGS 5/25/2004 167954 $318.00
~i!llmlj?;,'~~'.llilj!lU~'fi~"""......,,,.,,,~~.'.:lIt.!t&mS'1i~J;_,;~~~.;.;a.'R"~tlt1.'~~~lf;f:;~I>'L~
Tllursday, May 20, 2004 Page 1 of6
Check # Vendor Name Description Check Date Invoice # Amount
37580 XCEL ENERGY 5/25/2004 1793-228- $27.74
37580 XCEL ENERGY 5/25/2004 1793-228- $7.41
37580 XCELENERGY 5/25/2004 1793-228- $149.41
TOTAL FOR 601 WATER UTILITY $8,385.31
37512 INTERSTATE BATTERY I LIFT STATION BATTERIE 5/13/2004 10014515 $111.77
37512 INTERSTATE BATTERY I LIFT STATION BATTERIE 5/13/2004 10014558 $111.77
37532 LEAGUE OF MN CITIES I DEDUCTIBLE CLAIM #110 5/20/2004 11043608 $500.00
37536 MPCA SEWER L1CENSE-B STAR 5/20/2004 $23.00
37565 METRO COUNCIL ENVIR JUNE WASTEWATER 5/25/2004 774122 $26,907.20
37577 WSB AND ASSOCIATES BIRCH BLUFF RD L.S. 5/25/2004 01074-702 $116.00
37580 XCEL ENERGY 5/25/2004 1793-228- $16.76
37580 XCEL ENERGY 5/25/2004 1793-228- $7.97
37580 XCEL ENERGY 5/25/2004 1793-228- $8.21
37580 XCEL ENERGY 5/25/2004 1793-228- $8.22
37580 XCELENERGY 5/25/2004 1793-228- $11.20
37580 XCEL ENERGY 5/25/2004 1793-228- $12.91
37580 XCEL ENERGY 5/25/2004 1793-228- $22.46
37580 XCEL ENERGY 5/25/2004 1793-228- $38.02
37580 XCEL ENERGY 5/25/2004 1793-228- $53.85 .
37580 XCEL ENERGY 5/25/2004 1793-228- $58.98
37580 XCEL ENERGY 5/25/2004 1793-228- $26.31
37580 XCEL ENERGY 5/25/2004 1793-228- $33.02
37580 XCEL ENERGY 5/25/2004 1793-228- $23.56
37580 XCEL ENERGY 5/25/2004 1793-228- $20.69
37580 XCEL ENERGY 5/25/2004 1793-228- $16.86
TOTAL FOR 611 SANITARY SEWER UTILITY $28,128.76
37540 PETTY CASH SPRING CLEANUP CASH 5/20/2004 $300.00
37556 E-Z RECYCLING INC. MAY SVC 5/25/2004 6581 $6,472.80
37558 EDINA COURIERS LLC SPRING CLEANUP BID P 5/25/2004 72753 $104.09
TOTAL FOR 621 RECYCUNG UTIliTY $6,876.89
37577 WSB AND ASSOCIATES FREEMAN PK WETLAND 5/25/2004 01074-890 $1,577.25
37577 WSB AND ASSOCIATES NPDES ANNUAL REPT SV 5/25/2004 01074-900 $514.00
TOTAL FOR 631 STORMWATER MANAGEMENT UTILITY $2,091.25
37500 ANDREWS, BETSY C. WINE CHARMS 5/13/2004 $36.00 .
37501 ARCTIC GLACIER INC 5/13/2004 46341240 $34.08
37517 QUALITY WINE & SPIRIT 5/13/2004 401469-00 $1,240.63
37517 QUALITY WINE & SPIRIT 5/13/2004 401520-00 $84.80
37517 QUALITY WINE & SPIRIT 5/13/2004 401608-00 $110.83
37521 TOWLE REAL ESTATE C APRILlMA Y RENT 5/13/2004 $13,988.20
37523 WASTE MANAGEMENT MAY SVC 5/13/2004 0780351-1 $117.35
37525 ARCTIC GLACIER INC 5/20/2004 46341330 $79.19
37529 HERMEL WHOLESALE 5/20/2004 468844 $204.79
37533 MARLIN'S TRUCKING 5/20/2004 14132/141 $74.70
37533 MARLIN'S TRUCKING 5/20/2004 14132/141 $74.70
37534 MIDWEST COCA-COLA B 5/20/2004 83273167 $262.70
37542 QUALITY WINE & SPIRIT 5/20/2004 403327-00 $712.36
37542 QUALITY WINE & SPIRIT 5/20/2004 404301-00 $757.42
37542 QUALITY WINE & SPIRIT 5/20/2004 404301-00 $46.87
37542 QUALITY WINE & SPIRIT 5/20/2004 404330-00 $170.18
37548 THORPE DISTRIBUTING 5/20/2004 332125 $460.35
37553 BELLBOY CORPORATIO 5/25/2004 29367500 $1,696.65
37553 BELLBOY CORPORATIO 5/25/2004 29373100 ($118.00)
37553 BELLBOY CORPORATIO 5/25/2004 29442100 $2,342.20
~~~3!A'M*$lS'i'ff*$.$lM>;~'G:t'!SP~IJif,w..~~~~:~~$~i~~~~~in~~ZCM.~-'H&
Thursday, May 20, 2004 Page 3 0/6
Check # Vendor Name Description Check Date Invoice # Amount
37553 BELLBOY CORPORATIO 5/25/2004 29504700 $1,064.00
37553 BELLBOY CORPORA TIO 5/25/2004 29504700 $2,230.75
37555 DAY DISTRIBUTING 5/25/2004 262709 $1,110.80
37555 DAY DISTRIBUTING 5/25/2004 263668 $1,140.55
37555 DAY DISTRIBUTING 5/25/2004 264682 $1,493.64
37555 DAY DISTRIBUTING 5/25/2004 264682c ($4.95)
37557 EAST SIDE BEVERAGE 5/25/2004 222592 $5,269.00
37557 EAST SIDE BEVERAGE 5/25/2004 222686 $25.70
37557 EAST SIDE BEVERAGE 5/25/2004 222686 $1,213.80
37557 EAST SIDE BEVERAGE 5/25/2004 222783 $928.70
37560 GRAPE BEGINNINGS, IN 5/25/2004 63856 $121.00
37561 GRIGGS, COOPER & CO 5/25/2004 635332 ($10.24)
37561 GRIGGS, COOPER & CO 5/25/2004 882125 $113.30
37561 GRIGGS, COOPER & CO 5/25/2004 882399 $1,280.08
37561 GRIGGS, COOPER & CO 5/25/2004 882761 $679.14
37561 GRIGGS, COOPER & CO 5/25/2004 885792 $412.34
37561 GRIGGS, COOPER & CO 5/25/2004 885980 $1,702.61
37561 GRIGGS, COOPER & CO 5/25/2004 889252 $359.29
37561 GRIGGS, COOPER & CO 5/25/2004 889641 $800.26
. 37562 JOHNSON BROS L1QUO 5/25/2004 1715475 $1,215.46
37562 JOHNSON BROS L1QUO 5/25/2004 1715475 $79.95
37562 JOHNSON BROS L1QUO 5/25/2004 1715476 $1,119.88
37562 JOHNSON BROS L1QUO 5/25/2004 1715476 $1,050.20
37562 JOHNSON BROS L1QUO 5/25/2004 1719033 $1,724.29
37562 JOHNSON BROS L1QUO 5/25/2004 1719033 $483.21
37562 JOHNSON BROS L1QUO 5/25/2004 1722375 $29.25
37562 JOHNSON BROS L1QUO 5/25/2004 1722376 $427.99
37562 JOHNSON BROS L1QUO 5/25/2004 1722376 $271.00
37564 MARK VII 5/25/2004 660921 $2,654.72
37564 MARK Vlt 5/25/2004 660922 $24.00
37564 MARK VII 5/25/2004 663629 $1,454.29
37564 MARK VII 5/25/2004 663630 $59.00
37564 MARK VII 5/25/2004 666150 $475.14
37564 MARK VII 5/25/2004 666151 $37.30
37568 PAUSTIS WINE COMPAN 5/25/2004 8034699 $509.47
37568 PAUSTIS WINE COM PAN 5/25/2004 8035438 $100.50
. 37568 PAUSTIS WINE COM PAN 5/25/2004 8035438 $42.00
37568 PAUSTIS WINE COMPAN 5/25/2004 8036046 $411.00
37569 PHILLIPS WINE & SPIRIT 5/25/2004 2065212 $822.10
37569 PHILLIPS WINE & SPIRIT 5/25/2004 2065212 $146.95
37569 PHILLIPS WINE & SPIRIT 5/25/2004 2067883 $173.70
37569 PHILLIPS WINE & SPIRIT 5/25/2004 2067885 $169.00
37569 PHILLIPS WINE & SPIRIT 5/25/2004 2067885 $95.00
37569 PHILLIPS WINE & SPIRIT 5/25/2004 2070475 $103.00
37569 PHILLIPS WINE & SPIRIT 5/25/2004 2070476 $447.96
37571 THORPE DISTRIBUTING 5/25/2004 332845 $2,647.62
37571 THORPE DISTRIBUTING 5/25/2004 332845 $13.45
37571 THORPE DISTRIBUTING 5/25/2004 332846 $859.60
37571 THORPE DISTRIBUTING 5/25/2004 333582 $72.35
37571 THORPE DISTRIBUTING 5/25/2004 333583 $4,311.60
37571 THORPE DISTRIBUTING 5/25/2004 333583 $24.90
37571 THORPE DISTRIBUTING 5/25/2004 334294 $22.90
37571 THORPE DISTRIBUTING 5/25/2004 334294 $2,570.60
37573 VINIFERA MINNESOTA 5/25/2004 321801 $1,149.39
37574 WINE COMPANY (THE) 5/25/2004 27944-00 $532.05
37575 WINE MERCHANTS 5/25/2004 95846 $182.00
~~)li~2~~M~~/...~~~~::i!.~~f,:"~':~J,=t%lSM'1mtri.."Mil~~~.~~t<~~~~~~~.~~~
Thursday, May 20, 2004 Page 4 0/6
Check # Vendor Name Description Check Date Invoice # Amount
37575 WINE MERCHANTS 5/25/2004 96378 $70.00
37576 WORLD CLASS WINES, I 5/25/2004 145819 ($18.00)
37576 WORLD CLASS WINES, I 5/25/2004 149219 ($36.00)
37576 WORLD CLASS WINES, I 5/25/2004 150080 $415.97
37580 XCEL ENERGY 5/25/2004 1793-228- $208.15
TOTAL FOR 641 SHOREWOOD PLAZA UQUOR $69,458.71
37501 ARCTIC GLACIER INC 5/13/2004 46341240 $30.60
37515 PEPSI COLA COMPANY 5/13/2004 62558617 $49.60
37517 aUALlTY WINE & SPIRIT 5/13/2004 401468-00 $1,068.54
37527 EAST SIDE BEVERAGE 5/20/2004 222535 $1,676.40
37527 EAST SIDE BEVERAGE 5/20/2004 222535 $10.70
37529 HERMEL WHOLESALE 5/20/2004 468843 $368.30
37529 HERMEL WHOLESALE 5/20/2004 468843 $124.53
37533 MARLIN'S TRUCKING 5/20/2004 14131/141 $38.25
37533 MARLIN'S TRUCKING 5/20/2004 14131/141 $38.25
37534 MIDWEST COCA-COLA B 5/20/2004 83273159 $165.60
37542 aUALlTY WINE & SPIRIT 5/20/2004 400309-00 ($89.62)
37542 aUALlTY WINE & SPIRIT 5/20/2004 403325-00 $597.56
37542 aUALlTY WINE & SPIRIT 5/20/2004 404300-00 $447.49 .
37548 THORPE DISTRIBUTING 5/20/2004 333579 ($7.15)
37551 ARCTIC GLACIER INC 5/25/2004 46341340 $39.42
37552 BELLBOY BAR SUPPLY 5/25/2004 38411100 $16.40
37553 BELLBOY CORPORATIO 5/25/2004 29367300 $181.50
37553 BELLBOY CORPORATIO 5/25/2004 29369300 ($89.00)
37553 BELLBOY CORPORATIO 5/25/2004 29442200 $1,964.15
37553 BELLBOY CORPORATIO 5/25/2004 29504600 $1,427.15
37553 BELLBOY CORPORATIO 5/25/2004 29504600 $264.00
37555 DAY DISTRIBUTING 5/25/2004 260674c ($15.00)
37555 DAY DISTRIBUTING 5/25/2004 262708 $517.15
37555 DAY DISTRIBUTING 5/25/2004 263666 $446.55
37555 DAY DISTRIBUTING 5/25/2004 264681 $147.40
37557 EAST SIDE BEVERAGE 5/25/2004 222593 $32.10
37557 EAST SIDE BEVERAGE 5/25/2004 222593 $5,154.95
37557 EAST SIDE BEVERAGE 5/25/2004 222713 $1,418.20
37559 EXTREME BEVERAGE 5/25/2004 202811 $32.00
37561 GRIGGS, COOPER & CO 5/25/2004 882402 $464.50 .
37561 GRIGGS, COOPER & CO 5/25/2004 882760 $245.82
37561 GRIGGS, COOPER & CO 5/25/2004 885793 $265.23
37561 GRIGGS, COOPER & CO 5/25/2004 885981 $107.84
37561 GRIGGS, COOPER & CO 5/25/2004 885983 $1,029.08
37561 GRIGGS, COOPER & CO 5/25/2004 888987 $326.22
37561 GRIGGS, COOPER & CO 5/25/2004 889254 $153.85
37562 JOHNSON BROS L1auo 5/25/2004 1715474 $298.35
37562 JOHNSON BROS L1auo 5/25/2004 1715474 $1,182.97
37562 JOHNSON BROS L1auo 5/25/2004 1719031 $273.10
37562 JOHNSON BROS L1auo 5/25/2004 1719031 $765.09
37562 JOHNSON BROS L1auo 5/25/2004 1722374 $208.40
37562 JOHNSON BROS L1auo 5/25/2004 1722374 $63.00
37562 JOHNSON BROS L1auo 5/25/2004 249886 ($3.46)
37562 JOHNSON BROS L1auo 5/25/2004 249887 ($6.66)
37562 JOHNSON BROS L1auo 5/25/2004 249888 ($3.10)
37562 JOHNSON BROS L1auo 5/25/2004 250070 ($82.75)
37564 MARK VII 5/25/2004 660926 $1,756.35
37564 MARK VII 5/25/2004 663626 $1,068.25
37564 MARK VII 5/25/2004 666152 $806.45
e"~~~~~i;ew-M-.r~~~,&L~~~~~'Ie-~mi~~':~
Thursday, May 20, 2004 Page 50f6
Check # Vendor Name Description Check Date Invoice # Amount
37568 PAUSTIS WINE COMPAN 5/25/2004 8036045 $628.00
37569 PHILLIPS WINE & SPIRIT 5/25/2004 2065211 $58.20
37569 PHILLIPS WINE & SPIRIT 5/25/2004 2065211 $856.10
37569 PHILLIPS WINE & SPIRIT 5/25/2004 2067882 $137.95
37569 PHILLIPS WINE & SPIRIT 5/25/2004 2067882 $194.85
37569 PHILLIPS WINE & SPIRIT 5/25/2004 2070474 $249.30
37570 aWEST DEX 5/25/2004 02042205 $220.20
37571 THORPE DISTRIBUTING 5/25/2004 332703 $90.00
37571 THORPE DISTRIBUTING 5/25/2004 332843 $24.90
37571 THORPE DISTRIBUTING 5/25/2004 332843 $2,700.45
37571 THORPE DISTRIBUTING 5/25/2004 332844 $788.50
37571 THORPE DISTRIBUTING 5/25/2004 333580 $13.45
37571 THORPE DISTRIBUTING 5/25/2004 333580 $3,754.55
37571 THORPE DISTRIBUTING 5/25/2004 334000 $139.50
37571 THORPE DISTRIBUTING 5/25/2004 334293 $2,277.25
37580 XCELENERGY 5/25/2004 0677-702- $454.90
TOTAL FOR 642 WATERFORD UQUOR $37,562.65
37497 EDINA REALTY TITLE 5995 COUNTRY CLUB RD 5/1 0/2004 $5,304.19
. TOTAL FOR 880 ESCROW DEPOSIT AGENCY $5,304.19
$202,503.51
TOTAL CHECKS
.
~~~~tlr"~~~~!#.m'S&~"fI.~~~J',!),1j1)..~~'~~~~.~\~1:I!~J:f~J~:~;~'~.%:,~i;i,~~~~.w~1i':&!t'::"p~~'~~~gtiS!.~~lj';'il!];.~j.,Wffi;.U~~
Thursday, May 20, 2004 Page 6016
Check Approval List for 5/24/04 Council Meeting
Check # Vendor Name Description Check Date Invoice # Amount
37497 EDINA REAL TV TITLE 5995 COUNTRY CLUB RD 5/10/2004 $5,304.19
TOTAL FOR EDINA REALTY TITLE $5,304.19
37498 ADVANCED IMAGING SO MAY SVC CONTRACT 5/13/2004 17080 $171.00
TOTAL FOR ADVANCED IMAGING SOLUTIONS INC $171.00
37499 ANDERSON, KRISTI B. 1 ST HALF MAY MTGS 5/13/2004 $150.00
37499 ANDERSON, KRISTI B. 1 ST HALF MAY MTGS 5/13/2004 $150.00
TOTAL FOR ANDERSON, KRIST I B. $300.00
37500 ANDREWS, BETSY C. WINE CHARMS 5/13/2004 $36.00
TOTAL FOR ANDREWS, BETSY C. $36.00
37501 ARCTIC GLACIER INC 5/13/2004 46341240 $34.08
37501 ARCTIC GLACIER INC 5/13/2004 46341240 $30.60
TOTAL FOR ARCTIC GLACIER INC $64.68
37502 AUDIO COMMUNICATIO RADIOS FOR V ANlPICKU 5/13/2004 66493 $1,262.56
TOTAL FOR AUDIO COMMUNICATIONS $1,262.56
37503 C.H CARPENTER LUMBE WOOD FOR PK BLOGS 5/13/2004 479791 $144.48
TOTAL FOR C.B CARPENTER LUMBER $144.48
37504 CHAMPION AUTO STOR SHOP SUPPLIES 5/13/2004 250910 $23.41
37504 CHAMPION AUTO STOR WATER DEPT SUPPLIES 5/13/2004 251190 $38.32
37504 CHAMPION AUTO STOR SHOP SUPPLIES 5/13/2004 253382 $137.94
37504 CHAMPION AUTO STOR SHOP SUPPLIES 5/13/2004 253495 $23.40
37504 CHAMPION AUTO STOR SHOP SUPPLIES 5/13/2004 253656 $12.76
TOTAL FOR CHAMPION AUTO STORE #344 $235.83
37505 CONSTRUCTION BULLE SEALCOAT BID AD 5/13/2004 2571436 $131.79
37505 CONSTRUCTION BULLE SEALCOA T BID AD 5/13/2004 2576593 $131.79
TOTAL FOR CONSTRUCTION BULLETIN $263.58
37506 CULLIGAN BOTTLED WA 5/13/2004 114X3057 $40.37
TOTAL FOR CULUGAN BOTTLED WATER $40.37
37507 DALE GREEN CO BLACK DIRT-PLOW DAMA 5/13/2004 3079 $234.30
TOTAL FOR DALE GREEN CO $234.30
37508 DOCUMENT DESTRUCTI SHRED OLD DOCUMENT 5/13/2004 74843 $309.07
TOTAL FOR DOCUMENT DESTRUCTION SVC LTD $309.07
37509 EXCELSIOR ACE HARD SHOP SUPPLIES 5/13/2004 605308 $9.89
37509 EXCELSIOR ACE HARD SHOP SUPPLIES 5/13/2004 605954 $14.86
37509 EXCELSIOR ACE HARD WATER DEPT -SE WELL 5/13/2004 606072 $11.87
37509 EXCELSIOR ACE HARD PLBG FITTINGS-SE WELL 5/1312004 606210 $28.25
37509 EXCELSIOR ACE HARD SHOP SUPPLIES-HARDW 5/13/2004 606242 $13.46
37509 EXCELSIOR ACE HARD TRASH BAGS 5/13/2004 608707 $27.66
37509 EXCELSIOR ACE HARD PIPE FITTINGS-SE WELL 5/13/2004 609367 $26.24
37509 EXCELSIOR ACE HARD SE WELL PARTS 5/13/2004 609377 $21.27
TOTAL FOR EXCELSIOR ACE HARDWARE $153.50
37510 G & K SERVICES 5/13/2004 043004 $549.92
TOTAL FOR G & K SERVICES $549.92
37511 INTER-TEL INC FAX MACHINE REPAIRS 5/13/2004 1288443 $100.00
TOTAL FOR INTER-TEL INC $100.00
37512 INTERSTATE BATTERY I LIFT STATION BATTERIE 5/1312004 10014515 $111.77
37512 INTERSTATE BATTERY I LIFT STATION BATTERIE 5/13/2004 10014558 $111.77
TOTAL FOR INTERSTATE BATTERY INC $223.54
.
.
~~~1!!1:1t!\T~~...-7R~~~~n1~~~~~~;!li$;I
Thursday, May 20, 2004 Page 1 of 7
.
.
Check # Vendor Name
Description
Check Date Invoice #
37513
37513
37513
37513
37514
37515
37516
37517
37517
37517
37517
37518
37519
37519
37520
37520
37521
37522
37523
37524
37525
37526
37526
37527
37527
37528
37529
37529
37529
37530
KINKO'S
KINKO'S
KINKO'S
KINKO'S
5/13/2004 06210004
5/13/2004 06210004
5/13/2004 06210004
5/1312004 07700000
Amount
$47.93
$22.75
$79.62
$42.60
$192.90
$1,251.40
$1,251.40
$49.60
$49.60
$1,708.33
$1,708.33
$1,068.54
$1,240.63
$84.80
$110.83
$2,504.80
$25.75
$25.75
$6.58
$6.27
$12.85
$280.30
$17.53
$297.83
$13,988.20
$13,988.20
$27.69
$27.69
$117.35
$117.35
$896.73
$896.73
$79.19
$79.19
$23.00
$23.00
$46.00
$10.70
$1,676.40
$1,687.10
$1,083.71
$1,083.71
$368.30
$124.53
$204.79
$697.62
$1,219.68
$1,219.68
$525.00
$525.00
~~~1lt:if..-~~~~~~~A~~~~~~.~~
Thursday, May 20, 2004 Page 2 of 7
SMITHTOWN RD
PARKS
PARKS
PROT INSP COPIES
TOTAL FOR KINKO'S
NIELSEN, BRADLEY PLANNING CONF EXPEN
TOTAL FOR NIELSEN, BRADLEY
PEPSI COLA COMPANY
TOTAL FOR PEPSI COLA COMPANY
POTTS, KENNETH N. APR PROSECUTIONS
TOTAL FOR POTTS, KENNETH N.
QUALlTV WINE & SPIRIT 5/13/2004 401468-00
QUALlTV WINE & SPIRIT 5/13/2004 401469-00
QUALlTV WINE & SPIRIT 5/13/2004 401520-00
QUALlTV WINE & SPIRIT 5/13/2004 401608-00
TOTAL FOR QUALITY WINE & SPIRITS CO
5/13/2004 52006805
5/13/2004
5/13/2004 62558617
5/13/2004
SBC PAGING
37531
TOTAL FOR SBC PAGING
SHOREWOOD TRUE VAL PARKS SUPPLIES
SHOREWOOD TRUE VAL PARKS - TWINE
TOTAL FOR SHORE WOOD TRUE VALUE
SO LK MTKA POLICE DE 1ST QTR 2004 COURT OT
SO LK MTKA POLICE DE RADIO MONTHLY FEE
TOTAL FOR SO LK MTKA POUCE DEPT
TOWLE REAL ESTATE C APRIUMAY RENT 5/13/2004
TOTAL FOR TOWLE REAL ESTATE COMPANY
VICTORIA REPAIR AND SKATE PK EQUIP REPAIR 5/1312004 4816
TOTAL FOR VICTORIA REPAIR AND MFG
WASTE MANAGEMENT MAY SVC 5/13/2004 0780351-1
TOTAL FOR WASTE MANAGEMENT
ZARNOTH BRUSH WOR SWEEPER BROOMS 5/13/2004 95370
TOTAL FOR ZARNOTH BRUSH WORKS, INC
ARCTIC GLACIER INC 5/20/2004 46341330
TOTAL FOR ARCTIC GLACIER INC
BERRY COFFEE CO
BERRY COFFEE CO
TOTAL FOR BERRY COFFEE CO
EAST SIDE BEVERAGE 512012004 222535
EAST SIDE BEVERAGE 5/20/2004 222535
TOTAL FOR EAST SIDE BEVERAGE COMPAN
EGAN-MCKAY ELECTRIC SE WELL REPAIRS 5/2012004 JC301417
TOTAL FOR EGAN-MCKAY ELECTRICAL
HERMEL WHOLESALE
HERMEL WHOLESALE
HERMEL WHOLESALE
TOTAL FOR HERMEL WHOLESALE
ICMA RETIREMENTTRU PAYROLL DEDUCTS 5/18/ 5/20/2004 302131-05
TOTAL FOR ICMA RETIREMENT TRUST-457
LARKIN, HOFFMAN, DAL GENERAL 5/20/2004 458521
TOTAL FOR LARKIN, HOFFMAN, DALY...
5/13/2004 60061
5/13/2004 60081
5/13/2004
5/13/2004
5/20/2004 413679
5/20/2004 413680
5/2012004 468843
5/20/2004 468843
5/20/2004 468844
Check # Vendor Name Description Check Date Invoice # Amount
37532 LEAGUE OF MN CITIES I DEDUCTIBLE CLAIM #110 5/20/2004 11043608 $500.00
TOTAL FOR LEAGUE OF MN CITIES INS T $500.00
37533 MARLIN'S TRUCKING 5/20/2004 14131/141 $38.25
37533 MARLIN'S TRUCKING 5/20/2004 14131/141 $38.25
37533 MARLIN'S TRUCKING 5/2012004 14132/141 $74.70
37533 MARLIN'S TRUCKING 5/20/2004 14132/141 $74.70
TOTAL FOR MARLIN'S TRUCKING $225.90
37534 MIDWEST COCA-COLA B 5/20/2004 83273159 $165.60
37534 MIDWEST COCA-COLA B 5120/2004 83273167 $262.70
TOTAL FOR MIDWEST COCA-COLA BOITLIN $428.30
37535 MN CHILD SUPPORT PM CHILD SUPPORT - C SCH 5/20/2004 $193.35
TOTAL FOR MN CHILD SUPPORT PMT CTR $193.35
37536 MPCA SEWER LICENSE-B STAR 5/20/2004 $23.00
TOTAL FOR MPCA $23.00
37537 ORONO, CITY OF MAY ANIMAL CONTROL 5/20/2004 20040056 $1,626.45
TOTAL FOR ORONO, CITY OF $1,626.45
37538 PAZANDAK, JOSEPH MILEAGE 5/3 - 5/14/04 5/20/2004 $52.13
TOTAL FOR PAZANDAK. JOSEPH $52.13
37539 PERA PAYROLL DEDUCTS 5/18/ 5/20/2004 762400-05 $2,384.82
37539 PERA PAYROLL DEDUCTS 5/18/ 5120/2004 762400-05 $2,585.88
TOTAL FOR PERA $4,970.70
37540 PETTY CASH SPRING CLEANUP CASH 5/2012004 $300.00
TOTAL FOR PErry CASH $3fJO.00
37541 POMMER COMPANY, IN 5120/2004 51359 $29.88
TOTAL FOR POMMER COMPANY, INC. $29.88
37542 QUALITY WINE & SPIRIT 5120/2004 400309-00 ($89.62)
37542 QUALITY WINE & SPIRIT 5/20/2004 403325-00 $597.56
37542 QUALITY WINE & SPIRIT 5120/2004 403327-00 $712.36
37542 QUALITY WINE & SPIRIT 5120/2004 404300-00 $447.49
37542 QUALITY WINE & SPIRIT 5/20/2004 404301-00 $46.87
37542 QUALITY WINE & SPIRIT 5/20/2004 404301-00 $757.42
37542 QUALITY WINE & SPIRIT 5/20/2004 404330-00 $170.18
TOTAL FOR QUALITY WINE & SPIRITS CO $2,642.26
37543 QWEST 5120/2004 $99.05
37543 QWEST 5/20/2004 $261.99
TOTALFOR QWEST $361.04
37544 SAM'S CLUB 5/20/2004 050204 $57.00
37544 SAM'S CLUB 5120/2004 050204 $84.53
37544 SAM'S CLUB 512012004 050204 $99.47
TOTAL FOR SAM'S CLUB $241.00
37545 SCHWAAB, INC RECD/ADDRESS STAMPS 5/20/2004 R18631 $102.77
TOTAL FOR SCHWAAB, INC $102.77
37546 SENSIBLE LAND USE CO K CONLEY-5/26104 REG F 5/20/2004 $40.00
TOTAL FOR SENSIBLE LAND USE COALITN $40.00
37547 TECHIES MAY SVC 5/2012004 175792 $500.00
TOTAL FOR TECHIES $500.00
37548 THORPE DISTRIBUTING 5/20/2004 332125 $460.35
37548 THORPE DISTRIBUTING 5120/2004 333579 ($7.15)
TOTAL FOR THORPE DISTRIBUTING COMPA $453.20
37549 US POSTMASTER JUNE NEWSLETTER PST 5/20/2004 $449.16
.
.
~u.JI1~~~lt'fZ5i'$J~mlS>j;;~W~~"~~.~..ijii.;~:;~i:Jf.ilfr~Z;t~;~ct~~~~.i>~,~~~
Thursday, May 20, 2004 Page 3 of 7
Check # Vendor Name
Description
37550
37551
37552
37553
37553
37553
37553
37553
37553
37553
37553
37553
37553
.
37554
37554
37555
37555
37555
37555
37555
37555
37555
37555
37556
.
37557
37557
37557
37557
37557
37557
37557
37558
37559
37560
37561
37561
37561
37561
37561
37561
TOTAL FOR US POSTMASTER
WM. MUELLER & SONS, I BLACKTOP
TOTAL FOR WM. MUELLER & SONS, INC.
ARCTIC GLACIER INC
TOTAL FOR ARCTIC GLACIER INC
BELLBOY BAR SUPPLY
TOTAL FOR BELLBOY BAR SUPPLY
BELLBOY CORPORATIO
BELLBOY CORPORATIO
BELLBOY CORPORATIO
BELLBOY CORPORATIO
BELLBOY CORPORATIO
BELLBOY CORPORATIO
BELLBOY CORPORATIO
BELLBOY CORPORATIO
BELLBOY CORPORATIO
BELLBOY CORPORATIO
TOTAL FOR BELLBOY CORPORATION
BERRY COFFEE CO
BERRY COFFEE CO
TOTAL FOR BERRY COFFEE CO
DAY DISTRIBUTING
DAY DISTRIBUTING
DAY DISTRIBUTING
DAY DISTRIBUTING
DAY DISTRIBUTING
DAY DISTRIBUTING
DAY DISTRIBUTING
DAY DISTRIBUTING
TOTAL FOR DAY DISTRIBUTING
E-Z RECYCLING INC. MAY SVC
TOTAL FOR E-Z RECYCUNG INC.
EAST SIDE BEVERAGE 5/25/2004 222592
EAST SIDE BEVERAGE 5125/2004 222593
EAST SIDE BEVERAGE 512512004 222593
EAST SIDE BEVERAGE 5/25/2004 222686
EAST SIDE BEVERAGE 5/25/2004 222686
EAST SIDE BEVERAGE 5/2512004 222713
EAST SIDE BEVERAGE 5/25/2004 222783
TOTAL FOR EAST SIDE BEVERAGE COMPAN
EDINA COURIERS LLC SPRING CLEANUP BID P 5/25/2004 72753
TOTAL FOR EDINA COURIERS LLC
EXTREME BEVERAGE
TOTAL FOR EXTREME BEVERAGE
GRAPE BEGINNINGS, IN
TOTAL FOR GRAPE BEGINNINGS, INC
GRIGGS, COOPER & CO
GRIGGS, COOPER & CO
GRIGGS, COOPER & CO
GRIGGS, COOPER & CO
GRIGGS, COOPER & CO
GRIGGS, COOPER & CO
Check Date Invoice #
5/20/2004 90558
5/25/2004 46341340
5/25/2004 38411100
5125/2004 29367300
5/25/2004 29367500
5/25/2004 29369300
5/25/2004 29373100
5/25/2004 29442100
5/25/2004 29442200
5/25/2004 29504600
5/25/2004 29504600
5125/2004 29504100
5/25/2004 29504700
5125/2004 416643
5125/2004 416644
5/25/2004 260674c
5125/2004 262708
5/25/2004 262709
5/25/2004 263666
5125/2004 263668
5125/2004 264681
5125/2004 264682
5/25/2004 2646820
5125/2004 6581
5/25/2004 202811
5125/2004 63856
5/25/2004 635332
5125/2004 882125
5125/2004 882399
5/2512004 882402
5/25/2004 882760
5/25/2004 882761
Amount
$449.16
$486.46
$486.46
$39.42
$39.42
$16.40
$16.40
$181.50
$1,696.65
($89.00)
($118.00)
$2,342.20
$1,964.15
$264.00
$1,427.15
$1,064.00
$2,230.75
$10,963.40
$23.00
$23.00
$46.00
($15.00)
$517.15
$1,110.80
$446.55
$1,140.55
$141.40
$1,493.64
($4.95)
$4,836.14
$6,472.80
$6,472.80
$5,269.00
$32.10
$5,154.95
$25.70
$1,213.80
$1,418.20
$928.70
$14,042.45
$104.09
$104.09
$32.00
$32.00
$121.00
$121.00
($10.24)
$113.30
$1,280.08
$464.50
$245.82
$679.14
~"?.lI\?;\,I~t~&~L~~~I.W~W.~..Di:~~ii?,~~~~~~~%,~!\.~J,;,'W'd.1~~ftfh.'WIt~~~..2>:tf>f
Thursday, May 20, 2004 Page 4 of 7
Check # Vendor Name Description Check Date Invoice # Amount
37561 GRIGGS, COOPER & CO 5/25/2004 885792 $412.34
37561 GRIGGS, COOPER & CO 5/25/2004 885793 $265.23
37561 GRIGGS, COOPER & CO 5/25/2004 885980 $1,702.61
37561 GRIGGS, COOPER & CO 5/25/2004 885981 $107.84
37561 GRIGGS, COOPER & CO 5125/2004 885983 $1,029.08
37561 GRIGGS, COOPER & CO 5/25/2004 888987 $326.22
37561 GRIGGS, COOPER & CO 5/25/2004 889252 $359.29
37561 GRIGGS, COOPER & CO 5/25/2004 889254 $153.85
37561 GRIGGS, COOPER & CO 5/25/2004 889641 $800.26
TOTAL FOR GRIGGS, COOPER & COMPANY $7,929.32
37562 JOHNSON BROS L10UO 5/25/2004 1715474 $298.35
37562 JOHNSON BROS L10UO 5/25/2004 1715474 $1,182.97
37562 JOHNSON BROS L10UO 5/25/2004 1715475 $1,215.46
37562 JOHNSON BROS L10UO 5/25/2004 1715475 $79.95
37562 JOHNSON BROS L10UO 5/25/2004 1715476 $1,050.20
37562 JOHNSON BROS L10UO 5/25/2004 1715476 $1,119.88
37562 JOHNSON BROS L10UO 5/25/2004 1719031 $273.10
37562 JOHNSON BROS L10UO 5/25/2004 1719031 $765.09
37562 JOHNSON BROS L10UO 5/25/2004 1719033 $1,724.29
37562 JOHNSON BROS L10UO 5/25/2004 1719033 $483.21
37562 JOHNSON BROS L10UO 5/25/2004 1722374 $208.40
37562 JOHNSON BROS L10UO 5/25/2004 1722374 $63.00
37562 JOHNSON BROS L10UO 5/25/2004 1722375 $29.25
37562 JOHNSON BROS L10UO 5/25/2004 1722376 $271.00
37562 JOHNSON BROS L10UO 5/25/2004 1722376 $427.99
37562 JOHNSON BROS LIOUO 5/25/2004 249886 ($3.46)
37562 JOHNSON BROS L10UO 5/25/2004 249887 ($6.66)
37562 JOHNSON BROS L10UO 5/25/2004 249888 ($3.10)
37562 JOHNSON BROS L10UO 5/25/2004 250070 ($82.75)
TOTAL FOR JOHNSON BROS LIQUOR CO. $9,096.17
37563 LUSTRE-CAL FIXED ASSET TAGS 5/25/2004 167954 $318.00
TOTAL FOR LUSTRE-CAL $318.00
37564 MARK VII 5/25/2004 660921 $2,654.72
37564 MARK VII 5/25/2004 660922 $24.00
37564 MARK VII 5125/2004 660926 $1,756.35
37564 MARK VII 5/25/2004 663626 $1,068.25
37564 MARK VII 5/25/2004 663629 $1,454.29
37564 MARK VII 5125/2004 663630 $59.00
37564 MARK VII 5/25/2004 666150 $475.14
37564 MARK VII 5/25/2004 666151 $37.30
37564 MARK VII 5/25/2004 666152 $806.45
TOTAL FOR MARK VII $8,335.50
37565 METRO COUNCIL ENVIR JUNE WASTEWATER 5/25/2004 n 4122 $26,907.20
TOTAL FOR METRO COUNCIL ENVIRONMENT $26,907.20
37566 MIDWEST MAILING SYS MAY NEWSLETTER 5/25/2004 57978 $336.99
TOTAL FOR MIDWEST MAILING SYSTEMS INC $336.99
37567 OFFICE DEPOT 5/25/2004 24307647 $25.30
37567 OFFICE DEPOT 5/25/2004 24380012 $7.05
37567 OFFICE DEPOT 5/25/2004 24418295 $164.18
37567 OFFICE DEPOT 5/25/2004 24430559 $66.78
37567 OFFICE DEPOT 5/25/2004 24495948 $29.83
TOTAL FOR OFFICE DEPOT $293.14
37568 PAUSTIS WINE COMPAN 5/25/2004 8034699 $509.47
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Thursday, May 20, 2004 Page 5 of 7
Check # Vendor Name Description Check Date Invoice # Amount
37568 PAUSTIS WINE COMPAN 5/25/2004 8035438 $42.00
37568 PAUSTIS WINE COMPAN 5/25/2004 8035438 $100.50
37568 PAUSTIS WINE COMPAN 5/25/2004 8036045 $628.00
37568 PAUSTIS WINE COMPAN 5/25/2004 8036046 $411.00
TOTAL FOR PAUSTIS WINE COMPANY $1,690.97
37569 PHILLIPS WINE & SPIRIT 5/25/2004 2065211 $58.20
37569 PHILLIPS WINE & SPIRIT 5/25/2004 2065211 $856.10
37569 PHILLIPS WINE & SPIRIT 5/25/2004 2065212 $146.95
37569 PHILLIPS WINE & SPIRIT 5/25/2004 2065212 $822.10
37569 PHILLIPS WINE & SPIRIT 5/25/2004 2067882 $137.95
37569 PHILLIPS WINE & SPIRIT 5/25/2004 2067882 $194.85
37569 PHILLIPS WINE & SPIRIT 5/25/2004 2067883 $173.70
37569 PHILLIPS WINE & SPIRIT 5/25/2004 2067885 $95.00
37569 PHILLIPS WINE & SPIRIT 5/25/2004 2067885 $169.00
37569 PHILLIPS WINE & SPIRIT 5/25/2004 2070474 $249.30
37569 PHILLIPS WINE & SPIRIT 5/25/2004 2070475 $103.00
37569 PHILLIPS WINE & SPIRIT 5/25/2004 2070476 $447.96
TOTAL FOR PHILLIPS WINE & SPIRITS $3,454.11
. 37570 QWEST DEX 5/25/2004 02042205 $220.20
TOTAL FOR QWEST DEX $220.20
37571 THORPE DISTRIBUTING 5/25/2004 332703 $90.00
37571 THORPE DISTRIBUTING 5/25/2004 332843 $24.90
37571 THORPE DISTRIBUTING 5/25/2004 332843 $2,700.45
37571 THORPE DISTRIBUTING 5/25/2004 332844 $788.50
37571 THORPE DISTRIBUTING 5/25/2004 332845 $13.45
37571 THORPE DISTRIBUTING 5/25/2004 332845 $2,647.62
37571 THORPE DISTRIBUTING 5/25/2004 332846 $859.60
37571 THORPE DISTRIBUTING 5/25/2004 333580 $13.45
37571 THORPE DISTRIBUTING 5/25/2004 333580 $3,754.55
37571 THORPE DISTRIBUTING 5/25/2004 333582 $72.35
37571 THORPE DISTRIBUTING 5/25/2004 333583 $24.90
37571 THORPE DISTRIBUTING 5/25/2004 333583 $4,311.60
37571 THORPE DISTRIBUTING 5/25/2004 334000 $139.50
37571 THORPE DISTRIBUTING 5/25/2004 334293 $2,2n.25
. 37571 THORPE DISTRIBUTING 5/25/2004 334294 $22.90
37571 THORPE DISTRIBUTING 5/25/2004 334294 $2,570.60
TOTAL FOR THORPE DISTRIBUTING COMPA $20,311.62
37572 UNITED LABORATORIES SHOP/PARK SUPPLIES 5/25/2004 15n9 $202.91
37572 UNITED LABORATORIES SHOPIPARK SUPPLIES 5/25/2004 15n9 $458.22
TOTAL FOR UNITED LABORATORIES $661.13
37573 VINIFERA MINNESOTA 5/25/2004 321801 $1,149.39
TOTAL FOR VINIFERA MINNESOTA $1,149.39
37574 WINE COMPANY (THE) 5/25/2004 27944-00 $532.05
TOTAL FOR WINE COMPANY (THE) $532.05
37575 WINE MERCHANTS 5/25/2004 95846 $182.00
37575 WINE MERCHANTS 5/25/2004 96378 $70.00
TOTAL FOR WINE MERCHANTS $252.00
37576 WORLD CLASS WINES, I 5/25/2004 145819 ($18.00)
37576 WORLD CLASS WINES, I 5/25/2004 149219 ($36.00)
37576 WORLD CLASS WINES, I 5/25/2004 150080 $415.97
TOTAL FOR WORW CLASS WINES,INC $361.97
375n WSB AND ASSOCIATES SMITHTOWN RD OVERLA 5/25/2004 01074-583 $4,249.00
375n WSB AND ASSOCIATES BIRCH BLUFF RD L.S. 5/25/2004 01074-702 $116.00
~~=m;~__~1o;~~~~~.\:'l:.~~~~~iW~~~~~d..~'M:f;allMgi!~;~~1.<1J.~~U.~/~tm
Thursday, May 20, 2004 Page 60f7
Check # Vendor Name Description Check Date Invoice # Amount
37577 WSB AND ASSOCIATES CUB FOODS WATERMAIN 5/25/2004 01074-763 $555.00
37577 WSB AND ASSOCIATES TIMBER LANE WATERMAI 5/25/2004 01074-880 $3,091.50
37577 WSB AND ASSOCIATES FREEMAN PK WETLAND 5/25/2004 01074-890 $1,577.25
37577 WSB AND ASSOCIATES NPDES ANNUAL REPT SV 5/25/2004 01074-900 $514.00
37577 WSB AND ASSOCIATES PARK MAPS 5/25/2004 01074-990 $165.00
37577 WSB AND ASSOCIATES CSAH19STREETSCAPE 5/25/2004 01388-020 $11,902.00
37577 WSB AND ASSOCIATES LK LINDEN PED TR DESI 5/25/2004 01459-013 $691.65
37577 WSB AND ASSOCIATES RADISSON RD REVIEW 5/25/2004 01585-000 $4,259.25
TOTAL FOR WSB AND ASSOCIATES $27,120.65
37580 XCEL ENERGY 5/25/2004 0677-702- $454.90
37580 XCELENERGY 5/25/2004 1793.228- $1,590.72
37580 XCELENERGY 5/25/2004 1793-228- $27.74
37580 XCEL ENERGY 5/25/2004 1793-228- $28.49
37580 XCEL ENERGY 5/25/2004 1793-228- $29.82
37580 XCEL ENERGY 5/25/2004 1793-228- $33.02
37580 XCEL ENERGY 5/25/2004 1793-228- $33.71
37580 XCEL ENERGY 5/25/2004 1793.228- $38.02
37580 XCEL ENERGY 5/25/2004 1793-228- $53.85
37580 XCEL ENERGY 5/25/2004 1793-228- $58.98
37580 XCEL ENERGY 5/25/2004 1793-228- $81.47 .
37580 XCEL ENERGY 5/25/2004 1793-228- $149.41
37580 XCEL ENERGY 5/25/2004 1793-228- $208.15
37580 XCEL ENERGY 5/25/2004 1793-228- $8.21
37580 XCEL ENERGY 5/25/2004 1793-228- $236.Q1
37580 XCELENERGY 5/25/2004 1793-228- $260.14
37580 XCELENERGY 5/25/2004 1793-228- $359.50
37580 XCEL ENERGY 5/25/2004 1793-228- $382.30
37580 XCEL ENERGY 5/25/2004 1793-228- $569.56
37580 XCEL ENERGY 5/25/2004 1793-228- $26.31
37580 XCEL ENERGY 5/25/2004 1793-228- $113.27
37580 XCELENERGY 5/25/2004 1793.228- $14.82
37580 XCEL ENERGY 5/25/2004 1793-228- $2,393.89
37580 XCEL ENERGY 5/25/2004 1793.228- $3.14
37580 XCEL ENERGY 5/25/2004 1793-228- $7.41
37580 XCEL ENERGY 5/25/2004 1793-228- $7.41
37580 XCEL ENERGY 5/25/2004 1793-228- $7.50 .
37580 XCEL ENERGY 5/25/2004 1793-228- $7.97
37580 XCEL ENERGY 5/25/2004 1793-228- $8.22
37580 XCEL ENERGY 5/25/2004 1793-228- $12.91
37580 XCEL ENERGY 5/25/2004 1793-228- $11.20
37580 XCEL ENERGY 5/25/2004 1793-228- $13.85
37580 XCEL ENERGY 5/25/2004 1793-228- $25.13
37580 XCEL ENERGY 5/25/2004 1793-228- $16.69
37580 XCEL ENERGY 5/25/2004 1793-228- $16.76
37580 XCELENERGY 5/25/2004 1793-228- $16.86
37580 XCELENERGY 5/25/2004 1793-228- $20.68
37580 XCEL ENERGY 5/25/2004 1793-228- $20.69
37580 XCEL ENERGY 5/25/2004 1793-228- $20.94
37580 XCEL ENERGY 5/25/2004 1793-228- $22.46
37580 XCEL ENERGY 5/25/2004 1793-228- $23.56
37580 XCEL ENERGY 5/25/2004 1793-228- $13.38
TOTAL FOR XCEL ENERGY $7,429.05
TOTAL CHECKS $202,503.51
~"fiZ"~~~'~;~S.T-lrL~~~~Bi.~~;~..m~~~"Gt.:i.~:a~
Thursday, May 20, 2004 Page 7017
PAYROLL APPROVALS
For 5/24/04 Council Meeting
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(J~~
Prepared by:
. Catherine Elk:, Jf. Ar:CO. untant
Reviewed by: ~~
Bonnie Burton, Fin Director
.
wson, City Administrator
Date: 5 -~O-O 'f
Date: ~7lJ/o1
Date: CfJ.2{).1li-
;.
Payroll Register
Check # Last Name First Name MI Check Amt Check Date
2774 BAILEY BOYD C 1,388.92 5/18/2004
2775 BURTON BONNIE M 1,785.91 5/1812004
2776 DAVIS CHARLES S 1,047.10 5/18/2004
2777 EISCHENS JAMES E 907.70 5/18/2004
2778 ELIill CATHERINE M 967.28 5/18/2004
2779 FASCHING PATRICIA L 873.18 5/18/2004
2780 FIELD DALE F 726.28 5/18/2004
2781 FREIENMUT KERI J 118.66 5/1812004
2782 GARFUNKEL JOHN J 184.70 5/18/2004
2783 GROUT TWILA R 922.32 5/1812004
2784 HELLING PAMELA J 631.33 5/18/2004
2785 HIRSCH DANA M 137.05 5/18/2004
2786 JOHNSON DENNIS D 1,112.75 5/18/2004
2787 LIZEE CHRISTINE G 184.70 5/18/2004 .
2788 LUGOWSKI JOSEPH P 1,258.69 5/18/2004
2789 MASON BRADLEY J 1,022.93 5/18/2004
2790 MOORE JULIE K 218.05 5/1812004
2791 NGUYEN MICHELLE T 769.48 5/18/2004
2792 NIELSEN BRADLEY J 1,147.50 5/18/2004
2793 PANCHYSHY JEAN M 1,469.49 5/18/2004
2794 PAZANDAK JOSEPH E 1,505.21 5/1812004
2795 RANDALL DANIEL J 1,850.76 5/18/2004
2796 SCHMID CHRISTOPHER E 719.82 5/1812004
2797 STARK BRUCE H 1,170.23 5/1812004
2798 SWANDBY DONALD R 1,376.86 5/18/2004
2799 TOWER TERRY R 965.50 5/18/2004
2800 TURGEON LAURA 184.70 5/1812004 .
2801 ZERBY MICHAEL S 184.70 5/1812004
218198 ARMSTRON MICHAEL R 252.88 5/1812004
218199 BROWN LAWRENCE A 2,063.45 5/18/2004
218200 DAWSON CRAIG W 1,855.37 5/1812004
218201 DUNDURS KATHLEEN C 250.11 5/18/2004
218202 HELGESEN PATRICIA R 1,082.03 5/1812004
218203 LOCKWOOD DAVID C 143.53 5/18/2004
218204 LOVE CLIFFORD W 222.38 5/18/2004
218205 OLIVEIRA CHRISTOPHER L 115.18 5/1812004
218206 PARENT MICHELLE L 451.92 5/1812004
218207 THURSTON DOROTHY M 186.15 5/1812004
Total of Checks $31,454.80
Thursday, May 20, 2004
Page 1 oft
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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:
May 20, 2004
TO:
Mayor and City Council Members
.,,<
Jean panChY~hY.n, Execut~ve's~cret;?~.. e uty Clerk d'9
BradleyJ; Nielsen, Plannmg Director
. .
Craig W. Dawson, City Administrator
FROM:
CC:
RE: EXCELSIOR FIREFIGHTERS RELIEF ASSOCIATION DANCE-
JULY 16,2004
The Excelsior Firefighters Relief Association (EFRA) has submitted several documents in
sUpport of its annual fundraising event at the new Fire Station located at 24100 Smithtown Road
on July 16,2004. The event will take place between the hours of 5:00 P.M. and Midnight. This
will be the 20th y~ar th~t the Relief Association has held this fundraising event. This is the first
year this event will be held in the City of Shorewood. It is the EFRA's only fundraising event,
and has historically been profitable. The Excelsior Firefighters Relief Association is requesting
that all permit fees be waived for the following required permits:
1) Tempormy 3.2 Percent Malt Liquor License This is a temporary license to serve 3.2
percent non-intoxicating alcohol on the day of the dance, July 16, 2004, between the
hours of 5:00 P.M. and Midnight. The South Lake Minnetonka Police Department has
indicated that the individuals serving alcohol will be required to attend a training session
prior to the event. Approval of the license is contingent upon receipt of appropriate
'. Certificate of Liquor Liability Insurance, which the Excelsior Firefighters Relief
Association is in the process of securing. A resolution is shown on attachment #3C1 for
Council consideration.
2) Special Event Permit. The applicant has submitted a Special Event Permit, which has
been reviewed and approved by the SLMPD and Zoning Administrator. The SLMPD has
indicated they will coordinate with the Fire Department on additional law enforcement
needs. Approval of the permit is contingent upon receipt of appropriate Certificate of
ft
t..1 PRINTED ON RECYCLED PAPER
~3G
May 20, 2004
Page Two
Liability Insurance, which the Excelsior Firefighters Relief Association is in the process
of securing. A copy of the application is shown on attachment #3C2.
3) Tempormy Sign Permit. The applicant has requested a temporary sign to be placed on
the site the day of the event. The sign will be 3' x 6' and within the permitted area at the
Public Safety Facility site at 24100 Smithtown Road. A copy of the proposed sign is
shown on attachment #3C3. The Planning Director has approved the sign request.
Council Action
Approval of the following permits in support of the Excelsior Firefighters Relief Association
annual fundraising dance on July 16, 2004, from 5:00 P.M. to Midnight:
1) Adopt a Resolution approving the Temporary 3.2 Percent Non-Intoxicating Malt Liquor
License, contingent upon receipt of the appropriate Certificate of Liquor Liability
Insurance and to waive the $25 license fee (as the City is a member of the Excelsior Fire
District);
2) Approval of the Special Event Permit, contingent upon receipt of the appropriate
Certificate of Liability Insurance
3) Approval of the Temporary Sign Permit.
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CITY OF SHOREWOOD
RESOLUTION NO. 04-
A RESOLUTION APPROVING A TEMPORARY 3.2 PERCENT "ON-SALE"
NON-INTOXICATING MALT LIQUOR LICENSE
WHEREAS, the Shorewood City Code, Section 402 provides for the licensing of the sale
of 3.2 percent malt liquor in the City; and
WHEREAS, said Code provides that an applicant shall complete an application, and shall
fulfill certain requirements concerning insurance coverage, and;
WHEREAS, the applicant has satisfactorily completed an application, and has fulfilled the
requirements for the issuance ofa temporary license for the "on-sale" of3.2 percent malt liquor:
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
That a temporary license for the "on-sale" of3.2 percent non-intoxicating malt liquor be
issued to the Excelsior Fire Fighters Relief Association. for its fundraising event on July
16,2004 from 5:00 P.M. to Midnight, at 24100 Smithtown Road.
BE IT FURTHER RESOLVED by the City Council of the City of Shorewood that the
temporary 3.2 Percent malt liquor license fee be waived.
ADOPTED by the City Council of the City of Shorewood this 24th day of May, 2004.
WOODY LOVE, MAYOR
ATTEST:
CRAIG W. DAWSON, CITY ADMINISTRATOR
-# 3Cl
~
.. ! J
t
. CITY OF !: MAY -7 2004 ',;; SPECIAL EVENT
'. "SHOREWobD...... ....._...._..JP~RMIT APPLICATION
: 1 ?
: : 5755 Country Cluti.R.oad..~ Shorewood, :Minnesota 55331
, (952) 474-3236 Fax: (952) 474-0128
(please Print or Type)
.,
Today'. Date ~ ,) lOot
Application Fee: nla
Receipt # n1a
Event to be Registered: Any person or persons sponsoring a event at which it may reasonably be anticipated that
there will be more than 7S persons in attendance shall, prior thereto, register such event with the City Clerk, giving
the location, date, time, purpose, names of all sponsors, and the number of persons it is anticipated will be in atten-
dance.
Permit for Additional Events: Within a period of 6 months following such event, no additional event{s), at which
it may reasonably be anticipated that there will be more than 7S persons in attendance, shall be permitted at the same
location unless the person or persons who propose to sponsor the same shall first have obtained a special permit
therefore approved by the City Co~ci1. Application for such permit shall be made to the City Clerlc:.
EventLocation:2l:1100 5.rn l~fh1ovvn R..o~ Date of Event: 1110/o'-f
, .,
Number of Persons (~ticip~d) to Attend: --12.00 ,~ Tnne: ~
Purpose tj:;P Ye41e:{-jJt;sfJC,. ~ ~
Sponsor's Name{s) ~ Re.-(...i'e:(L.~~ 0-.
Daytime Phone #: CfC:?z-i.f1t.f'". ~ Evening Phone # $~
Special Parkin or Safety Provisions (e.g., traffic control, parldng, pedestrian access):
, . 1z.. ~ 'n. ~ VViLl be. wifi\,ih
. ~ ~1Jl,', iht-a (8-( C.t) +t~' wu a.,ppYWe.PL ~~
Prohibitions; ~ wD::.>d> ~~ (....OLY\c-t .
a. No pemon shaD, between the hours of 10:00 PM and 7:00 AM., congregate because of or participate in any event
or ga1be.ring ofpeople fitm which noise emanates of a sufficient volume so as to distUIb the peace, quiet or repose of
persons n:siding in any resitb\tial area.
.
.
b. No person sball visitorremainwithinanyresidentia1dwe11ingunitwhereinsuchga1heringis1akingplaceexceptpersons
who have gonetherefbrthe solepLUJJOSe ofabatingthe distUIbance. (On! 101,8-14-78)
Enforcement: ApoIice ofiicermay onierall persons present in any such group or gathering fiom which such noise eltl8J:la1es,
o1bertban the owners or tenants of a dwelling unit, to immediately disperse :from said event in lieu ofbeing charged
under1his ChapteJ; ( 87 Code). Failure to complywith the conditioos of the Special Events Pe1I11itmayresultin police
entbn:ement.
Applicant's Signature':
w 5 business days for processing
----- For Office Use Only --.,---
Date: Sj7/1Yf
I
------
SLMPD:
Fire Marshal:
Zoning Administrator:
City Administrator:
Date:
Date:
Date:
Date:
~3e~
Original: City ofShorewood. 5755 Country Club Road, Shorewood, MN 55331 Copy to: South Lake Minnetoaka Police Department, Fire Mal
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, 5755 COUNTRY CLUB ROAD · SHOREWOOD. MINNESOTA 55331-8927. (952) 474-3236
FAX (952) 474-0128 · www.cL&horewood.mn.us . cityhall@cLshorewood.mn.us
CITY OF
SHOREWOOD
MEMORANDUM
TO:
Mayor and City Council
Craig Dawson, City' Administrator
Larry Brown, Director of Public Works W
May 20, 2004
FROM:
DATE:
RE: Approval of Revised Cooperative Agreement with MnlDOT for Freeman Park Access
Closure
On August 2, 2002, MnlDOT and the City of Shorewood executed a Cooperative Agreement No.
83226, whereby MnlDOT agreed to pay the City of Shorewood $75,600 to close the driveway access
from Freeman Park onto State Highway 7. This agreement was based on the estimated cost to
construct the project, prior to accepting bids and awarding the contract.
The project was constructed in 2003 as a change order to the Smithtown Road Project. Adding this
project as a change order to the Smithtown Road Reconstruction Project was utilized, since the City
already had a State Aid Contract in place. Staff felt that it would be cost effective and timely to get the
project done via change order. It was also prudent to complete the project prior to winter approaching.
After construction had been completed for the access closure, MnlDOT sent an e-mail to Staff stating
that there was a technicality of utilizing a change order for this type of project. The, end result was that
MnlDOT was not going to fund the closure of the park access.
Staff has spent many hours in "spirited and lively" discussion.s with representatives from MnlDOT
regarding this issue. MnlDOT had taken the position of zero funding, due to the recent bad publicity
about MnlDOT not followin.g "the letter of the law" regarding their contracts. Staff stated and still
believes that the change order method used meets the letter of the law. It was only after Staff's
proposal that city personnel would reconstruct the entrance that MnlDOT reconsidered their position.
MnlDOT has agreed to compensate the City a revised amount of $61,788.98. This covers most of the
construction costs. However, under the revised amount the City bears the remaining construction and
engineering costs. It goes without stating that Staff is disappointed with MnlDOT's response to this
issue. However, after many hours of discussion, it is clear that MnlDOT is not going to move from
this position.
*-5D
ft
~.1 PRINTED ON RECYCLED PAPER
Mayor and City Council
MnlDOT Cooperative Agreement
May 20, 2004
Page 2 of 2
Staff also relayed to representatives of MnlDOT, that while the issue of compensation is very
disappointing, the next cooperative agreement proposed by MnlDOT will undoubtedly receive a higher
level of scrutiny.
Recommendation
Staff is recommending approval of the resolution that authorizes the Mayor and City Administrator to
enter into Agreement 83226 with the Minnesota Department of Transportation.
A resolution is attached for your consideration.
.
..
.
.
CITY OF SHOREWOOD
RESOLUTION NO. 04-
A RESOLUTION AUTHORIZING PAYMENT FROM THE STATE TO THE CITY FOR
FREEMAN PARK ACCESS CLOSURE
M.S.A. PROJECT NO. 216-101-03, CITY PROJECT NO. 01-07
WHEREAS, the City of Shorewood entered into Amendment No. 1 to MnlDOT
Agreement No. 83226 with the State of Minnesota, Department of Transportation for the
following purposes:
To provide for payment by the State to the City of the State's share of the costs of the
access closure to Freeman Park and other associated construction to be performed upon, along
and adjacent to Trunk Highway No.7 within the corporate City limits under Change Order No.3
. for State Aid Project No. 216-101-03 and City Project No. 01-07.
NOW, THEREFORE BE IT RESOLVED that the Mayor and City Administrator are
authorized to execute the Agreement and any amendments to the Agreement.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 24th
day of May, 2004.
WOODY LOVE, MAYOR
ATTEST:
.
CRAIG W. DAWSON, CITY ADMINISTRATOR
.
..
PRE-LETTING
SERVICES
SECTION
STATE OF MINNESOTA
DEPARTMENT OF TRANSPORTATION
COOPERATIVE CONSTRUCTION
AGREEMENT
AMENDMENT TO
Mn/DOT
AGREEMENT NO.
83226
AMENDMENT NO. 1
S.P. 2706-204 (T.H. 7=012)
State Funds
The State of Minnesota
Department of Transportation, and
The City of Shorewood
Re: State lump sum payment for
access modification construction
by the City on T.H. 7
ORIGINAL AMOUNT
ENCUMBERED
$75,600.00
.
AMENDMENT AMOUNT
ENCUMBERED
($13,811.02)
TOTAL OBLIGATION
$61,788.98
.
AMOUNT RECEIVABLE
(None)
THIS AGREEMENT AMENDMENT is made and entered into by and between the
State of Minnesota, Department of Transportation, hereinafter
referred to as the "State" and the City of Shorewood, Minnesota,
acting by and through its City Council, hereinafter referred to as
the "City".
1
83226-1
WHEREAS, the State and the City did enter into Agreement No. 83226
dated August 2, 2002 providing for payment by the State to the City
of the State's share of the cost of the access closure construction
at the entrance into Freeman Park from Trunk Highway No. 7 and the
access modification of the driveway entrance at that location within
the corporate City limits under City Project No. 00-04 and State
Project No. 2706-204 (T.H. 7=012); and
.
WHEREAS, after Agreement No. 83226 was fully executed, the City added
the access closure and driveway entrance modification construction to
an existing contract designated by the City as State Aid Project
No. 216-101-03 and City Project No. 01-07; and
WHEREAS, the State is willing to participate in the costs of the
access closure and driveway entrance modification construction under
Change Order No. 3 for State Aid Project No. 216-101-03 in an amount
equal to $61,788.98.00 as hereinafter set forth; and
WHEREAS, the State and the City desire that Agreement No. 83226 be
amended so that the Agreement reflects the access closure and
. driveway entrance modification construction shall be performed in
accordance with Change Order No. 3 for State Aid Project
No. 216-101-03 and the State's cost participation in the access
closure and driveway entrance modification construction shall be a
lump sum in the amount of $61,788.98.
2
83226-1
IT IS, THEREFORE, MUTUALLY AGREED AS FOLLOWS:
I
ARTICLE I, SECTION A. OF AGREEMENT NO. 83226 DATED AUGUST 2, 2002, IS
HEREBY AMENDED AND MODIFIED TO READ AS FOLLOWS:
Section A. Contract Award and Construction
The City did receive bids and awarded a construction contract to the
lowest responsible bidder in accordance with City plans,
specifications and special provisions which are designated by the .
City as State Aid Project No. 216-101-03, and which are on file in
the office of the City's Engineer, and are made a part hereof by
reference with the same force and effect as though fully set forth
herein.
II
ARTICLE I, SECTION B. AND SECTION C. OF AGREEMENT NO. 83226 DATED
AUGUST 2, 2002, ARE HEREBY DELETED:
.
III
SECTIONS D, E, F, G, H, I, OF ARTICLE I OF AGREEMENT NO. 83226 DATED
AUGUST 2, 2002, ARE HEREBY RE-LETTERED TO SECTIONS B, C, D, E AND
F RESPECTIVELY:
3
'.
~
~
83226-1
IV
ARTICLE II OF AGREEMENT ,NO. 83226 DATED AUGUST 2, 2002, IS HEREBY
AMENDED AND MODIFIED TO READ AS FOLLOWS:
ARTICLE II - PAYMENT BY THE STATE
The State shall advance to the City, as the State's full and complete
share of the costs of the access closure and driveway entrance
modification construction to be performed in accordance with Change
Order No. 3 for State Aid Project No. 216-101-03, a lump sum in the
amount of $61,788.98.
The State shall pay to the City the lump sum amount after the
following conditions have been met:
A. Encumbrance by the State of the State's full and complete lump
sum cost share.
B. Receipt by the State from the City of certified documentation for
all of the right-of-way and easement acquisition required for the
contract construction, and the approval of that documentation by
the State's Land Management Director at St. Paul.
C. Execution and approval of this Agreement and the State's
transmittal of it to the City.
D. Certification by the State that work was completed in accordance
with Change Order No.3.
E. Receipt by the State of a written request from the City for the
advancement of funds.
4
Oil
83226-1
v
EXCEPT AS AMENDED AND MODIFIED HEREIN, ALL OF THE TERMS AND
CONDITIONS SET FORTH IN AGREEMENT NO. 83226 DATED AUGUST 2, 2002,
SHALL REMAIN IN FULL FORCE AND EFFECT.
VI
BEFORE THIS AGREEMENT AMENDMENT BECOMES BINDING AND EFFECTIVE, IT
SHALL BE APPROVED BY A CITY COUNCIL RESOLUTION AND EXECUTED BY SUCH
STATE AND CITY OFFICERS AS THE LAW MAY PROVIDE IN ADDITION TO THE
COMMISSIONER OF TRANSPORTATION OR THEIR AUTHORIZED REPRESENTATIVE.
.
VII
THE STATE.S AUTHORIZED AGENT FOR THE PURPOSE OF THE ADMINISTRATION OF
THIS AGREEMENT IS MARYANNE KELLY-SONNEK, MUNICIPAL AGREEMENTS
ENGINEER, OR HER SUCCESSOR. HER CURRENT ADDRESS AND PHONE NUMBER ARE
395 JOHN IRELAND BOULEVARD, MAILSTOP 682, ST. PAUL, MN 55155,
(651) 296-0969.
.
THE CITY.S AUTHORIZED AGENT FOR THE PURPOSES OF THE ADMINISTRATION OF
THIS AGREEMENT IS LARRY BROWN, CITY ENGINEER/PUBLIC WORKS DIRECTOR,
OR THEIR SUCCESSOR. THEIR CURRENT ADDRESS AND PHONE NUMBER ARE 5755
COUNTRY CLUB ROAD, SHOREWOOD, MN 55331, (952) 474-3236.
5
..
83226-1
IN TESTIMONY WHEREOF the parties have executed this Agreement by their
authorized officers.
STATE ENCUMBRANCE VERIFICATION
Individual certifies that funds have been encumbered
as required by Minn. Stat. SS 16A.IS and 16C.OS.
DEPARTMENT OF TRANSPORTATION
Recommended for approval:
By
District Engineer
By
Approved:
Date
By
State Design Engineer
MAPS Encumbrance No.
.
CITY OF SHOREWOOD
Date
Approved as to form and execution:
By
By
Contract Management
Mayor
Date
Date
By
COMMISSIONER OF ADMINISTRATION
As delegated to Materials Management Division
Title
By
_ate
Date
6
I
~V
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:
May12, 2004
TO:
Mayor and City Council Members
Jean Panchyshyn, Deputy Clerk ~
.
FROM:
RE: Lake Minnetonka VFW Post #5919 - Request for Meeting Space
Last April, the Lake Minnetonka VFW Post #5919requestedthe use of the Shorewood City Hall
facility for its monthly meetings on the second Wednesday of each month. Council approved an
Agreement for Meeting Space for the period July 1, 2003 - June 30, 2004.
As there have been no issues regarding this Agreement, and the VFW Post #5919 wishes to
continue to use the City Hall Space for its meetings, staff recommends continuation of the
Agreement for Meeting Space By and Between the City of Shorewood and Lake Minnetonka
VFWPost #5919 for the period July 1, 2004 - June 30, 2005.
Council Action
.
A motion approving the Agreement for Meeting Space By and Between the City of Shorewood
and Lake Minnetonka VFW Post #5919 for the period July 1, 2004 - June 30, 2005.
.t\=3r
ft
~.1 PRINTED ON RECYCLED PAPER
AGREEMENT FOR MEETING SPACE
BY AND BETWEEN
THE CITY OF SHOREWOOD
AND
LAKE MlNNETONKA VFW POST #5919
RECITALS:
WHEREAS, the City of Shorewood (Shorewood) is a political subdivision of the State of
Minnesota located at 5755 Country Club Road; and
WHEREAS, Lake Minnetonka VFW Post #5919 (yFW Post #5919) is a local veterans
organization of the State of Minnesota; and
WHEREAS, VFW Post #5919 requires monthly meeting space for its monthly Post
meetings; and
WHEREAS, Minnesota Statute 197.55 provides for public buildings to be made available
for use by veterans organizations; and
.
WHEREAS, Shorewood possesses meeting space in Shorewood City Hall suitable to the
needs ofVFWPost #5919
NOW, THEREFORE, BE IT RESOLVED that Shorewood agrees to make available to
VFW Post #5919, meeting space at Shorewood City Hall, 5755 Country Club Road subject to
the following terms and conditions:
1. Term. The term of this Agreement shall run from July 1,2004 through June 30,
2005.
2.
Demised Space. Shorewood agrees to make available to VFW Post #5919, the
Council Chambers and Conference Room on the second Wednesday of each
month for the Term indicated, for the purpose ofVFW Post #5919 monthly
meetings. Shorewood makes no representations and warranties as to the fitness of
the Demised Space. Should Demised Space be needed for other community
meetings, Shorewood agrees to provide VFW Post #5919 a 20-day notice of said
event to allow VFW Post #5919 to make alternate meeting arrangements.
.
3. Building Key: VFW Post #5919 shall pick-up the building key on the day of the
meeting between the hours of8:00 a.m. and 4:30 p.m. and shall provide a $25 key
deposit. VFW Post #5919 shall lock up the building when finished, and deposit
the key in the drop box on the outside of the Shorewood building entrance.
4. Indemnification and Waiver of Claims. VFW Post #5919 hereby agrees to
indemnify Shorewood and waive any and all claims to person or property arising
out of the use of the Demised Space and access to City Hall.
.
.
AGREEMENT FOR MEETING SPACE
Page Two
5. Termination. Shorewood may terminate this Agreement should any building
security and safety issues arise due to negligence by Lake Minnetonka VFW Post
#5919.
CITY OF SHOREWOOD
BY:
Its:
LAKE MINNETONKA VFW POST #5919
BY:
Its:
CITY OF
SHOREWOOD"
5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236
FAX (952)474-0128. www.cLshorewood.mn.us. cityhall@cLshorewood.mn.us
. MEMORANDUM
.
TO:
Mayor and City Council
FROM:
Brad Nielsen
DATE:
20 May 2004
RE:
Sign Permits - Hairazors Salon and Shorewood Liquor
FILE NO.
405 (Sign Permits)
.
Signcrafters, on behalf of Hairazors. Salon, has requested a sign permit for their location
within the Shorewood Village Shopping Center located at 23790 Highway 7. The sign
consists of individual, internally lit letters as shown on Exhibit A, attached. Consistent
with the approved overall signage plan for the center, the sign will be located within the
designated signage band on the front of the building as illustrated. The plan is consistent
with previous approvals and it is recommended that the permit be granted.
The sign band area located next to Hairazors contains sp~ce for the proposed Shorewood
Liquor sign. Eagle Sign Co. is requesting the sign permit as shown on Exhibit B,
attached. The illustration depicts the sign return (outline color) in black. The actual sign
must be finished with a bronze-colored return to be in compliance with the signage plan.
Otherwise, it is also consistent with previous approvals.
If you have any questions relative to this matter, please do not hesitate to contact my
office.
cc: Craig Dawson
Signcrafters, Inc.
Eagle Sign Co.
ft
~.1 PRINTED ON RECYCLED PAPER
#3.F
.
9'-5
H AIIRAZ 0 IR ~ }6U
SIALON
SU"
.
'\
Hairazors salO~h line 12.6 + 2.97= 15.57 sq.ft. total
f ,\~~.,.
Exhibit A
.
.
Exhibit B
..
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236
FAX (952) 474-0128. www.ci.shorewood.~n.uS. cityhall@cLshorewood.mn.us
MEMORANDUM
.
DATE:
Mayor and City Council
Craig Dawson, City Administrator
Larry Brown, Director of Public Works ;.p-
May 19, 2004
TO:
FROM:
RE: Resolution Accepting Bids and Awarding Contract for Bituminous Seal Coating of
Roadways Within the Cities of Shorewood, Greenwood and TonkaBay
Engineering File No 04-04
Bids were received, opened, and tabulated on May 19th for the bituminous seal coating of roadways for
the Cites of Shorewood, Greenwood and Tonka Bay. Table 1 is a summary of the bids received.
Asphalt Surface Technologies Co.
$ 33,800.29
$ 41,143.41
$ 55,483.87
Total.Bid Amount
All Cities
$ 61,493.55
$ 71,197.98
$ 95,894.49
Vendor
Bid Amount for Sborewood
Allied Blacktop, Inc.
.
Pearson Bros., Inc.
Table 1
Allied Blacktop, Inc. is the lowest responsible bidder. The award of the bid is based upon the total bid
amount for all cities.
The City budget encumbers $60,000 per year for the seal coating of roadways. Considering the
$15,022.26 that the City has already paid for rock material (under a separate contract) and the subject
contract, the current tally of costs are estimated at $ 48,822.55.
It should also be noted that a small portion of Minnetonka Boulevard is within the City of Deep haven.
Staff is working with representatives of Deephaven to determine a reimbursement schedule for this
portion of the contract. The subject area is a very small portion of the contract.
o PRINTED ON RECYCLED PAPER
#3&
~
Mayor and City Council
Award of Seal Coating Contract
May 19, 2004
Page 2 of2
The actual volume of oil applied determines the final amount paid under the contract, and the weight of
the cover aggregate placed. Inspection personnel monitor and tally each roadway to track quantities
and payment amounts. While not an exact science, the addition of computerized applicators has
increased the accuracy of this process greatly. Nevertheless, since the quantities are not exact, a
contingency amount needs to be present to allow for differentials in the quantities.
Therefore, to provide for that contingency, Staff is recommending that the contract be awarded to
Allied Blacktop, Inc. for an amount not to exceed $39,000. This will keep the overall contract costs
within the $60,000 budgeted for the year 2004.
Recommendation
Staff is recommending approval of the attached resolution that accepts bids and awards the contract for.
Bituminous Seal Coating of Roadways within the Cities of Shorewood, Greenwood and Tonka Bay to
Allied Blacktop, Inc.
.
. BIDTABULATIO~FORTHE .
MINOUS SEAL COATING OF ROADWAYS
CITIES OF SHOREWOOD, GREE~OOD AND TONKA BAY
BIDS OPENED AT 10:00 A.M. ON MAY 19, 2004
,
19,635 Gal $ 1.17 IGal $ 22,972.95 $ 1.38 IGal $ 27,096.30 $ 1.35 IGal $ 26,507.25
1,079 Ton $ 1.00 lTon $ 1,07 .00 $ 3.00 lTon $ 3,237.00 $ 15.00 lTon $ 16,185.00
3 Furnish and Install Traffic Control Lum Sum $ 3,500.00 Lum Sum $ 3,500.00 $ 1 500.00 Lum Sum $ 1,500.00 $ 2 000.00 Lum Sum $ 2,000.00
Furnish and Install 4" Obi Yellow
4a Une - E x 16,824 Un. Ft. $ 0.28 Un. Ft. $ 4710.72 $ 0.44 Un. Ft. $ 7,402.56 $ 0.50 Un. Ft. $
Furnish and Install 4" Broken Yellow
4b Une - E 0 1,927 Un. Ft. $ 0.14 Un. Ft. $ 269.78 $ 0.05 Un. Ft. $ 96.35 $ 0.06 Un. Ft.
Furnish and Install 4" Solid White
4c Une - Epoxy 9,056 Un. Ft. $ 0.14 Un. Ft. 1,267.84 $ 0.20 Un. Ft. 1,811.20 $ 0.25 Un. Ft.
Quantity Unit Price Total Unit Price Total Unit Price Total
9900 Gal $ 1.22 IGal $ 12078.00 1.38 IGal $ 13,662.00 1.35 IGal $ 13,365.00
470 Ton $ 4.00 lTon $ 1,880.00 3 lTon $ 1,410.00 15 lTon $ 7,050.00
Lum Sum $ 2,000.00 Lum Sum $ 2,000.00 500 Lump Sum $ 500.00 1000 Lump Sum $ 1,000.00
$ 15,958.00 $ 15,572.00 $ 21,415.00
3 Furnish and Install Traffic Control
Furnish and Install 4" Obi Yellow
4a Une - E
Furnish and Install 4" Broken Yellow
4b Une - Epoxy
7800 Gal $ 1.07 IGal $ 8,346.00 1.38 IGal $ 10764.00 1.35 IGal $ 10,530.00
370 Ton $ 1.00 lTon $ 370.00 3 lTon $ 1110.00 15 lTon $ 5,550.00
Lum Sum $ 1,800.00 Lum Sum $ 1,800.00 1000 Lum Sum $ 1,000.00 1000 Lum Sum $ 1 000.00
3,666 Un. FI. $ 0.28 Un. Ft. $ 1,026.48 0.42 Un. Ft. $ 1,539.72 0.5 Un. Ft. $ 1,833.00
1,377 Un. Ft. $ 0.14 Un. Ft. $ 192.78 0.05 Un. Ft. $ 68.85 0.06 Un. Ft. 82.62
SuIJtotal (3) $ 11,735.26 SuIJtotal (3) $ 14,482.57 SuIJtotal (3)
TOTAL BID $ 61,493.55 TOTAL BID $ 71,197.98 TOTAL BID
I hereby certify that thIs tabulation is a correct and
true representation of the bids receieved on this
date for this improvemet project.
~ ..e- -/. ;6'..--.::;> 5/19/2004
Lawrence A. Brown
Director of Public Works for the City of Shorewood
NOTES
/ Denotes Corrected Figure
CITY OF SHOREWOOD
RESOLUTION NO. 04 -_
A RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR
BITUMINOUS SEAL COATING OF STREETS
WHEREAS, pursuant to an advertisement for bids for local improvements
designated as Bituminous Seal Coating of Streets for the Cities of Shorewood,
Greenwood, and Tonka Bay, Minnesota, City Project No. 04-04, bids were received,
opened on May 19, 2004 and tabulated according to law, and such tabulation is attached
hereto and made a part hereof as Exhibit .A:, and
WHEREAS, the City Council has determined that Allied Blacktop, Inc. is the
lowest bidder in compliance with the specifications.
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 authorized and
directed to enter into a joint contract with the Cities of Shorewood, Greenwood and
Tonka Bay, and the firm of Allied Blacktop, Inc. in the name of the City of Shorewood,
2004 Bituminous Seal Coating of Streets, Project No. 04-04, according to the plans and
specifications therefore approved by the City Council on file in the office of the City
Administrator/Clerk.
.
2. That the City Administrator/Clerk is hereby authorized and directed to
return forthwith to all bidders the deposits made with their bids, except for the deposits of
the successful bidder and the next lowest bidder, which shall be retained until a contract
has been signed.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD
this 24th day of May, 2004. .
Woody Love, Mayor
ATTEST:
Craig W. Dawson, City Administrator/Clerk
.
CITY OF
.SHOREWOOD
5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236
. FAX (952) 474-0128 . www.cLshorewood.mn.us · cityhaU@cLshorewood.mn.us
MEMORANDUM
.
TO:
Mayor and City CoUncil .
FRQM:
DATE:
Brad Nielsen
20 May 2004
RE:
Shorewood Yaqht Club - Annual License
FILE NO.
Property (600 West Lake 'Street)
.-
Shorewood Yacht Club has appliedfor its annual license to operate a multiple dock
facility (application attached). It is worth noting that the lawsuit in process is
schedule for trial on or after 1 March 2005. Subject to the applicant remaining in
compliance with the L-R District and the current conditional use permit, approval of
. the license is recommended. h
Cc: ' , CraigDawson
Tim Keane
John Cross
n
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MULTIPLE DOCK FACILITY LICENSE
CITY OF APPLICATION
SHOREWOOD
5755 COUNTRY CLUB ROAD' SHOREWOOD, MINNESOTA 55331 . (6121474-3236
PLANNING AND PROTECTIVE INSPECTIONS
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Approved: .
(Compliance Official)
(Date)
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CITY OF SHOREWOOD
FREEMAN PARK TOUR &
PARK COMMISISON MEETING
TUESDAY, MAY 11, 2004
6:00 P.M. FREEMAN PARKTOUR
FOLLOWED BY MEETING
5755 COUNTRY CLUB ROAD
CITY HALL
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MINUTES
DRAfT
The Commission convened their regular Park Commission Meeting following a walking tour of
Freeman Park. During the tour, the Commission met the new concessionaire Scott Qualle, who
indicated that he was very excited about how things were going, having begun operations over
the past weekend. Although he was unsure what to expect the first year, Qualle informed the
Commission that he had negotiated a price which could be reexamined the following year.
Having read their recent Minutes, Young questioned whether the Park Foundation had
abandoned the buy-a-brick program and the plaza proposal altogether for Freeman Park.
.
Chair Arnst introduced Jeff Bailey, a member of the board of directors for the Minnetonka Girls
Softball Association, who happened to be visiting the park, and credited him with bringing girls
softball to Freeman Park, as well as, providing volunteer workers for the concessions both last
and this year.
1. CONVENE PARK COMMISSION MEETING
Chair Arnst called the regular Park Commission Meeting to order at 7 :42 P.M.
A.
Roll Call
Present:
Chair Arnst; Commissioners Davis, Gilbertson, Meyer, Young, and Farniok;
Engineer Brown; Technician Bailey; and City Council liaison Lizee
Absent:
Commissioner Westerlund
B.
Review Agenda
. Young moved, Davis seconded, approving the Agenda as submitted. Motion passed 6/0.
2. APPROVAL OF MINUTES
A. Park Commission Meeting Minutes of April 27, 2004
Young moved, Gilbertson seconded, Approving the Park Commission Meeting Minutes of
April 27, 2004 as presented. Motion passed 6/0.
B. Park Commission Work Session Meeting Minutes of April 27, 2004
Davis moved, Gilbertson seconded, Approving the Park Commission Work Session
Minutes of April 27, 2004 as presented. Motion passed 6/0.
3. MATTERS FROM THE FLOOR - There were none.
4. REPORTS
A. Report on City Council Meeting of May 10, 2004
Brown reported that the City Council adopted the proposed amendments to the Park Foundation by-
laws which eliminated the mandatory attendance of a Park Commission member, but allows them to
act as a voluntary ex-officio director to the Foundation.
~1A
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PARK COMMISSION MINUTES
TUESDAY, MAY 11, 2004
PAGE 2 OF4
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In addition, Brown reported that the Council granted a Phase I grading permit to the Barrington
subdivision, to begin the clean-up process for the old Carmichael's site.
B.Report on Concessionaire Operations
Brown reported that staff was forced to execute and Council adopted the Concessionaire Agreement
between the City and Scott Qualle at the Council meeting last evening. He explained that after
ongoing negotiations with the City, Mr. Qualle submitted his final offer which required the City to
act by May 7th, or lose him as a candidate to run the concessions operation. City staff felt they had
two options, both to execute the contract agreement for the $200 rental fee and hope for the best, or
lose the potential for concession operations altogether this year. Although everyone would have liked
to have had a better opportunity to review the contract, staff felt there was unanimous support to see
the concessions open for business. While the contract was not what the Park Commission had hoped
for, Brown pointed out that the vendor would be taking over inventory issues and marketing, which
would alleviate City staff from handling these responsibilities. .
Gilbertson asked for clarification of what amount the Commission had hoped for.
Brown stated that they had initially asked for around $2,000, but this did not take into account staff
time and purchasing inventory. Brown indicated that Qualle has admittedly been conservative in his
offer, since the City had a virtually unproven commodity, and was willing to renegotiate the contract
the following year.
Chair Arnst asked who was responsible for equipment repair and what sort of insurance was
required.
Brown stated that the City owns the equipment; therefore, is responsible for maintenance. He pointed
out that the contract did contain an escape clause, if the vendor were to ask for unrealistic demands .
with regard to equipment. Brown pointed out that the contract contained an indenmification section
and that the City Attorney agreed that, in addition to limited liability, there was balanced risk. In
addition, he noted that the vendor has agreed to open his books for review each month.
Meyer stated that she was disappointed that this contract was put forth at the last minute.
Young indicated that he would have supported the contract even if it hadn't been proposed at the last
minute, since it was in the City's best interest to make sure the concessions was up and running.
Chair Arnst suggested that the concession operation be put on the September agenda this year to
facilitate negotiations further in advance.
Brown maintained that the concession negotiations were not put offuntil the last minute, in fact, he
stated that it was unfortunate that the previous contractor backed out late in the process which left the
City in a difficult situation. Since Qualle has indicated that he would like to establish a long term
relationship, Brown stated that, hopefully, the City can begin negotiations further in advance.
Davis felt that the City should audit sales and product costs each month to ensure that a fair market
price or rental and percentage of sales are negotiated next year.
.
\.
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PARK COMMISSION MINUTES
TUESDAY, MAY 11, 2004
PAGE 3 OF4
Brown pointed out that the vendor had declined the Commission's offer to pay a percentage of the
business.
Gilbertson stated that it would have been far worse to have the contractor walk away, leaving the
concessions to no one.
Young agreed that it was more critical to have the concessions open. He understood the vendor's
reservations, since he was taking on a risk moving into a one year old unproven operation.
While she concurred that the base priority was to have the concession open, Chair Arnst indicated
that, going forward, the City needs to be smarter about not giving away the operation.
Young urged the Commission not to lose sight of the fact that, prior to this vendor, the City was
begging for someone to run the concessions.
Lizee reminded the Commission that, last year, City staff and Commissioners spent much time
assisting with the concession operation.
Farniok commented that it would be advantageous to specify to the vendor certain elements that the
City would wish to review monthly, for example the sales and costs of goods and services.
5. DISCUSS AND RECOMMEND MUSIC IN THE PARK GROUPS TO CITY
COUNCIL
Chair Arnst reported that the committee for the music series had reserved the Paul Cherba Jazz
Quartet for June 11th, and the Encampment River Boys for July 9th, and would be pursuing Caribbean
Calypso for either the June date or August date if availability and fees can be negotiated.
While the Park Commission had funds to finance the cost of the proposed music groups, Brown
asked if the Commission was instead pursuing sponsors to cover the financial output. He felt that
community leaders and sponsors would love the opportunity to interact at this level in the
community.
Gilbertson moved, Young seconded, to recommend to the City Council that they approve the
Paul Cherba Jazz Quartet for June 11 th, the Encampment River Boys for July 9th, both groups
not exceed $500, and a third group in August, each of which might include scheduling revisions
according to the series needs.
Farniok expressed reservations regarding the Jazz Quartet for the June event. She suggested that, if
the Commission was considering opening up their purse strings, or using additional sponsorship fees
to hire the Calypso group, they might also want to reconsider hiring the jazz quartet in lieu of a host
of other new performers.
Motion passed 6/0.
.
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PARK COMMISSION MINUTES
TUESDAY, MAY 11, 2004
PAGE 4 OF4
With regard to publicity, Chair Arnst stated that press releases would be submitted to local
newspapers, newsletter articles would feature the series, and an additional flyer would be dropped to
nearby neighborhoods. She asked Brown to approach the vendor about the potential of offering a
concession coupon attached to the flyer.
Chair Arnst suggested the Commission develop a plan of action to pursue sponsorships. Davis and
Gilbertson volunteered to coordinate a plan to approach local businesses with several levels of
sponsorship support, for instance $250, $500, and $1,000 for the series.
Chair Arnst urged Gilbertson and Davis to act quickly in recruiting potential sponsors, as time is of
the essence.
Chair Arnst asked the Commission to investigate with the groups what their rainout policies were if
the events get cancelled due to weather conditions.
6.
PARK ACTMTY MAPPING
.
Brown stated that he had nothing new to report regarding Activity Mapping.
7. NEW BUSINESS
Chair Arnst stated that the soccer banners at Freeman Park need to be removed.
Council liaisons:
May 24 - Gilbertson
June 14 - Meyer
July 26 - Farniok
8. ADJOURNMENT
Young moved, Gilbertson seconded, Adjourning the Regular Park Commission Meeting of
May 11, 2004, at 8:40 P.M. Motion passed 6/0.
.
RESPECTFULLY SUBMITTED,
Kristi B. Anderson
Recording Secretary
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236
FAX (952) 474-0128 · www.cLshorewood.mn.us . cityhall@cLshorewood.mn.us
MEMORANDUM
TO:
FROM:
.
DATE:
RE: Authorize Expenditure of Funds for Music in the Park
At its Regular meeting on March 22nd, Council approved the dates for the "Music in the Park" event to
be held on the following Fridays: June 11, July 9 and August 13, at 6:30 P.M. at Freeman Park.
Council also approved the acceptance of private sector sponsorship for the event.
The following groups have been secured for this music series for the fees indicated:
. June 11th - Paul Cherba Jazz Quartet - $500.00
. July 9th - Encampment River Boys - $500.00
. August 13th - Stomp 'n Dixie - $650.00
.
The Park Commission is in the process of securing private sector sponsors for these events to help
offset costs. Should no sponsorships be secured, up to $1,650.00 from the Parks and Recreation
Department would be utilized to fund this event.
Council Action
Authorize expenditure of funds up to $1,650.00 from the Parks and Recreation Department for the
"Music in the Park" events.
-:tt: 7 B
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CITY OF SHOREWOOD
PLANNING COMMISSION MEETING
TUESDAY, 4 MAY 2004
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:00 PM.
MINUTES
CALL TO ORDER
Chair Bailey called the meeting to order at 7:00 P.M.
Roll Call
Present:
Chair Bailey; Commissioners Conley (arrived 7:03 P.M.), Gagne, Gniftke, Packard, and
Woodruff; Council Liaison Turgeon, and Planning Director Nielsen
Absent:
Commissioner White
APPROVAL OF MINUTES
· April 20, 2004
Woodruff moved, Packard seconded, Approving the April 20, 2004 Planning Commission Meeting
Minutes as presented. Motion passed 6/0.
1. 7:00 P.M. PUBLIC HEARING PRELIMINARY PLAT LINDEN HILLS 2ND ADDN
ADDlicant: Water Street Homes, LLC
Location: 5940/5950/5960 Lake Linden Court
Chair Bailey opened the Public Hearing at 7 :02 P.M., reviewed the procedures utilized in a Public
Hearing, and noted recommendations from this evening's Agenda would be placed on the May 24, 2004,
Regular City Council Meeting Agenda for further consideration and discussion.
Director Nielsen explained the applicant, representatives of Water Street Homes, LLC, proposed
combining three lots in the Linden Hills subdivision, and then splitting the resulting parcel into two
building site. He also noted the property was zoned R-IC, Single-Family Residential and contained
approximately 61,371 square feet of area.
Director Nielsen then explained that although the existing lots were recently platted and conformed to the
minimum requirements of the R-1C district, the newly proposed lots were better suited to the size of
homes being built in the Linden Hills subdivision. The new lots would be 30,992 and 30,379 square feet
in area, respectively. Also, since the original Linden Hills plat was so new, the proposed
combination/division of the subject lots had been processed as a formal plat. This eliminated the need for
a public hearing to vacate the drainage and utility easements created with the original plat. It also avoided
unnecessarily long metes and bounds legal descriptions for lots that had already been platted.
He went on to state approval was recommended, subject to the applicant providing an up-to-date (within
30 days) title opinion for review by the City Attorney, and the final plat being recorded within 30 days of
the Council's approval of the request. Since the request was so simple, it was further recommended that
the applicant be allowed to submit the final plat at the same time the Council considered the preliminary
plat.
Commissioner Conley arrived at 7"03 P.M.
PLANNING COMMISSION MEETING MINUTES
May 4, 2004
Page 2 of 7
'1.
Rick Carlson, owner of Water Street Homes, LLC, stated his company was trying to improve the lots,
topography, and save trees in effort to build a better neighborhood.
Chair Bailey closed the Public Testimony portion of the Public Hearing at 7:04 P.M.
In response to Chair Bailey's question, Director Nielsen stated that by increasing the lot size in this case,
houses built on the lots would be more to scale with regard to lot size.
Woodruff moved, Packard seconded, Recommending Approval of the Preliminary Plat for Linden
Hills 2nd Addition, for Water Street Homes, LLC., 5940/5950/5960 Lake Linden Court.
Without objection from the seconder of the motion, the maker of the motion amended the motion to
include Staff Recommendations as well.
Motion passed 6/0.
2.
7:15 P.M. PUBLIC HEARING C.U.P. FOR TELECOMMUNICATIONS FACILITY
ADDlicant: T-Mobile USA, Inc.
Location: 5500 Old Market Road (Southeast Water Tower)
.
This item was reviewed after Item 7, with the remainder of the Agenda for the evening following in
sequential order as presented.
Chair Bailey opened the Public Hearing at 7: 15 P.M.
Director Nielsen explained the City Council had authorized T -Mobile to make an application for a
conditional use permit to locate telecommunications facilities at 5500 Old Market Road on Shorewood's
Southeast Area Water Tower. T-Mobile proposed erecting telecommunications antennae around the stem
of the water tower at the level the now bankrupt Metricom had its equipment. They also proposed to use
the fenced in area currently occupied by Metricom's equipment to place their equipment cabinets at the
base of the tower. The proposed antennae would be located around the stem of the water tower
approximately 76 feet high, and the equipment platform would be a little larger than what was currently .
on the site, measuring approximately 11' x 20'. Director Nielsen also noted the City's
telecommunications consultant, Owl Engineering, had conducted an intermodulation study, noting the
frequencies complied with EMF standards.
Director Nielsen went on to review the land use and code requirement issues related to the request. He
stated approval of the conditional use permit should be subject to the following:
1. The recommendation of the City Engineer with respect to structural and operational issues.
2. The applicant must enter into the City's lease agreement including provisions for annual
monitoring.
3. Since the applicant was responsible for the removal of the Metricom equipment, Staff was
recommending the current lease rate of $1500 per month, not be increased at this time. There
were provisions for the standard lease agreement for annual rate escalation, based on the CPI or
four percent, whichever was greater.
Jess Louk, representing T-Mobile, stated he believed this request would allow both parties to benefit and
T -Mobile had aggressively pursued co-location opportunities through City ordinance for location within
the community. He also explained, in response to Commissioner Gagne's question, that T-Mobile would
incur the cost of removal of the equipment as part of the cost of construction. He also noted the City
would receive the old equipment from the tower.
PLANNING COMMISSION MEETING MINUTES
May 4, 2004
Page 3 of7
Chair Bailey closed the Public Testimony portion of the Public Hearing at 7:30 P.M.
Gagne moved, Woodruff seconded, Recommending Approval of a Conditional Use Permit, subject
to Staff recommendations, for a Telecommunications Facility for T -Mobile, USA, Inc., 5500 Old
Market Road (Southeast Water Tower). Motion passed 6/0.
Chair Bailey closed the Public Hearing at 7:32 P.M.
3. 7:30 P.M. SETBACK VARIANCE AND VARIANCE TO INCREASE
NONCONFORMITY OF EXISTING GARAGE
Applicant: Thomas Thiss
Location: 6110 Ridge Road
.
Director Nielsen explained the history of this case, noting that in April the City had approved a minor
subdivision of the property at 6110 Ridge Road for the applicant. The original subdivision application
included a variance to the bluff setback requirements for the new lot. A condition of that approval was
that a nonconforming garage on the property would be moved or removed from the property. The
applicant had indicated he would apply for a variance to keep the garage and had now done so.
Director Nielsen went on to explain that as noted in his March 5, 2004, Staff report, the garage was
already nonconforming with respect to side yard setbacks. Instead of the required lO-foot side yard
minimum, the garage was only 1.2 feet from the northerly lot line. In addition the nonconformity would
be increased by the subdivision in that it would not comply with the new front yard setback requirement
that would result from the proposed subdivision. Once the new lot line was recorded, the front yard
setback for both lots would become 65 feet measured from the traveled surface of the road (15' + 50' for
private roads). The garage, according to the applicant was 27 feet from the road.
.
With regard to analysis and recommendation for the case, Director Nielsen stated while the building was
"grandfathered in" with respect to nonconforming side yard requirement, a change, such as the proposed
subdivision, provided the City with the opportunity to correct the nonconformity. Of equal importance
was that the division would not create or increase existing nonconformities. He then cited the City's
zoning code with regard to bringing nonconforming structures into conformity. He also noted the
applicant could demolish the garage from within the structure , and the applicant could also provide a
parking space along Ridge Road as required in other locations in that area. Director Nielsen stated,
removal of the subject garage would ensure that it not be used to allow future structures on the two
adjoining lots to be closer to the road than the desired/required building setbacks would allow.
Thomas Thiss, applicant, stated he was quite concerned that his variance request in the past month had
increased the nonconformity of his garage. He stated he had lived in this location for the past 36 years,
and had been aware of two legal descriptions on this property. He thought language played a key role in
the necessity of the variance since the physical lots had not changed in 56 years; only the legality of
creating two lots had created an ironic situation for him in this case. He went on to state there were only
four houses on his portion of the roadway with daily traffic past his garage. He then submitted a petition
from three ofthe four families on that stretch of roadway in support of his request.
Mr. Thiss also stated it did not make sense to him that he should have to tear down a perfectly good
garage to provide a seeded area, and then pave another 10' x 20' space as a pullout. He stated the only
reason that would remain would be the average setback issue raised by Director Nielsen, and he thought it
very unlikely anyone living on the adjoining properties would want to build around his lots. He further
stated he thought the literal interpretation of the law required flexibility in this case.
PLANNING COMMISSION MEETING MINUTES
May 4, 2004
Page 4 of 7
He then requested the Commission consider continuing this request so that he could request legal opinion
in this matter.
Chair Bailey explained the process that would be required should the applicant request a continuation,
noting this action would need to allow for a waiver from Mr. Thiss for the "sixty day rule." Mr. Thiss
responded he would be amenable to waiving the 60 day period in which action needed to be taken on this
matter.
Chair Bailey closed the Public Testimony portion of the Public Hearing at 7:43 P.M.
Woodruff moved, Conley seconded, Recommending Continuing this matter to the May 18, 2004,
Planning Commission Agenda at the request of the applicant. Motion passed 6/0.
4. 7:45 P.M. PUBLIC HEARING- C.U.P. FOR ACCESSORY SPACE OVER 1200 SO. FT.
Applicant: O. Dale Larson (Rep. by Sharratt Design & Co.)
Location: 27980 Smithtown Road
.
Director Nielsen explained Sharratt Design, representing the applicant, was in the process of constructing
a new home on the property located at 27980 Smithtown Road. The new house was designed with a
storage area adjoining the garage that technically counted as part of the dwelling. The owner had decided
to make this space part of the garage, and since the area of the space added to the garage would exceed
1200 square feet, the change necessitated a request for Conditional Use Permit. He went on to state the
property was zoned R-1A1S, Single Family ResidentiallShoreland, and contained approximately 44,170
square feet in area. The garage currently contained 1200 square feet in area and would be 1310 square
feet with the proposed change. The proposed home contained 12,700 square feet on three levels.
Director Nielsen stated this request complied with all criteria for granting a Conditional Use Permit in this
case.
Mike Sharratt, representing the applicant, stated the exterior size of the garage would not be changed at
all, and the request seemed reasonable in this case.
Seeing no present wishing to speak on this matter, Chair Bailey opened and closed the Public Testimony .
portion of the Public Hearing at 7:50 P.M.
Gagne moved, Woodruff seconded, Recommending Approval of a Conditional Use Permit for
Accessory Space Over 1200 Square Feet for O. Dale Larsen, 27980 Smithtown Road. Motion
passed 6/0.
Chair Bailey recessed the meeting at 7:50 P.M. and reconvened the meeting at 8:00 P.M.
5. 8:00 P.M. PUBLIC HEARING - ZONING ORDINANCE TEXT AMENDMENT TO
R-C DISTRICT CONDITIONAL USES
Chair Bailey opened the Public Hearing at 8:00 P.M.
Director Nielsen presented the proposed Zoning Ordinance Text Amendment for the Residential-
Commercial District Conditional Uses, noting changes to the ordinance included in the amendment
pertained to inclusion of daycare facilities, changes in the hours of operation, occasional emergency
dental service, and changes in signage. Two signs per property would now be allowed and illuminated
signs were acceptable in this district with observance of certain conditions as noted in the amendment.
Seeing no one wishing to speak on this matter, Chair Bailey closed the Public Hearing at 8:04 P.M.
"
PLANNING COMMISSION MEETING MINUTES
May 4, 2004
Page 5 of7
Woodruff moved, Packard seconded, Recommending Approval of the Zoning Ordinance Text
Amendment to the R-C District Conditional Uses. Motion passed 6/0.
6. SKETCH REVIEW - PROPOSED PLAT -SLEEPY HOLLOW WOODS
Applicant: Tradewinds Concept, Inc.
Location: 5610 Grant Lorenz Road
Director Nielsen stated this item did not require any action from the Commission this evening, as all
information necessary for completion of a preliminary plat had not yet been submitted. He stated he
brought this case for review because many comments had been received from the neighbors regarding
drainage issues form the site, and other environmental concerns.
Dewey Carter and Ward Krueger, applicants, reviewed the history of the property, and noted fmal items
were being prepared for submittal at this time.
.
7.
MINOR SUBDIVISION
Applicant: Thomas Kelsey
Location: 5705 Smithtown Way
This item was reviewed after Item 1 on the Agenda for the evening.
Director Nielsen stated the owner of the property located at 5705 Smithtown Way proposed to subdivide
the lot into two building sites. The property was zoned R-IC, Single-Family Residential, was occupied
by the applicant's home and a detached garage, and contained 61,755 square feet in area. The proposed
lots were estimated to be 41,755 square feet and 20,000 square feet in area.
Both of the proposed lots complied with the requirements of the R-l C zoning district, and the building
pads also complied with setback requirements. Director Nielsen also noted that despite the westerly lot
being half the size of the easterly lot, the westerly lot was still considered to be buildable.
.
Sanitary sewer was available to the new lot, although a new service might have to be constructed upon
application for a building permit. Director Nielsen recommended that the minor division be approved,
subject to the following:
1. The applicants must provide legal descriptions for the proposed lots.
2. The applicants must provide legal descriptions and deeds for drainage and utility easements, 10
feet on each side of each lot line.
3. The applicants must provide an up-to-date (within 30 days) title opinion for review by the City
Attorney.
4. Items 1-3 must be submitted prior to the request being scheduled for City Council review, but no
later than 30 days.
5. Prior '. to release of the resolution approving the request, the applicants must pay one park
dedication fee ($1500) and one local sanitary sewer access charge ($1200). Credit had been
given for the lot with the existing house on it.
6. Since the division itself did not result in the removal of any trees from the property, tree
preservation and reforestation could be addressed upon application of building permits
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PLANNING COMMISSION MEETING MINUTES
May 4, 2004
Page 6of7
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7. The applicant would likely want to record the subdivision before the existing detached garage
could be removed. If that was to be the case, an estimate of the cost of demolition must be
submitted, from which a letter of credit would be required to guarantee removal within 90 days.
Ingrid Schaff, representing Thomas Kelsey, stated she would be happy to answer any questions the
Commission had of her. She also stated she hoped the Commission would grant this request, and she also
requested both names be added to the resolution for this matter.
In response to Commissioner Gagne's questions, Director Nielsen stated two of the five one hundred year
old trees would need to be removed as part of the project.
Ms. Schaff explained the history of the property in response to Commissioner Gagne's question regarding
past ownership of the property.
Packard moved, Gagne seconded, Recommending Approval of a Minor Subdivision, subject to
Staff Recommendations, for Thomas Kelsey, 5705 Smithtown Way. Motion passed 6/0. .
8. NOMINATE CO-CHAIR FOR 2004
Gagne moved, Packard seconded, Nominating Donna Woodruff as Co-Chair of the Planning
Commission for 2004.
Commissioner Woodruff graciously accepted the nomination from the Commission for this position.
Motion passed 6/0.
9. MATTERS FROM THE FLOOR
None.
10. DRAFT NEXT MEETING AGENDA
.
Director Nielsen explained a review of the C-l Zoning District, as well as a Planned Unit Development
and Continuation of the Thiss case heard this evening, were slated for the May 18, Planning Commission
Meeting Agenda.
11. REPORTS
· Liaison to Council
Commissioner Woodruff reported on matters considered and actions taken at the April 26, 2004, Regular
City Council Meeting (as detailed in the minutes of that meeting).
· SLUC
No report given.
· Other
No other reports were given at this time.
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CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236
FAX (952) 474-0128 · www:cLshorewood.mn.us' cityhall@cLshorewood.mn.us
MEMORANDUM
TO:
Planning Commission, Mayor and City Council
.
FROM: ..
Brad Nielsen
DATE:
29 Apri12004
RE:
Linden Hills Second Addition - Preliminary Plat
FILE NO.:
405 (04.09)
BACKGROUND .
.
Water Street Homes, LLC, proposes to combine three lots in the Linden Hills subdivision
(see Site Location map - Exhibit A, attached), then split the resulting parcel into two
building sites as shown on Exhibit B. The property in question is zoned R-1C, Single-
Family Residential and contains approximately 61,371 square feet of area.
ANAL YSISIRECOMMENDATION
This request is very simple. Although the existing lots we're recently platted and conform
to the minimum requirements of the R -1 C district, the new lots are better suited to the
size of homes that are being built in the Linden Hills subdivision. The new lots will be
30,992 and 30,379 square feet in area, respectively.
Since the original Linden Hills plat is so new, the proposed combination/division of the
subject lots has been processed as a formal phit. This eliminates the need for a public
hearing to vacate the drainage and utility easements created with the original plat. It also
avoids unnecessarily long metes and bounds legal descriptions for lots that have already
been platted.
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#8 A.
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Memorandum
Re: Linden Hills Second Addition - Preliminary Plat
29 April 2004
Approval is recommended, subject to the applicant providing an up-to-date (within 30
days) title opinion for review by the City Attorney, and the final plat being recorded
within 30 days of the Council's approval of the request. Since the request is so simple, it
is further recommended that the applicant be allowed to submit his final plat at the same
time the Council considers the preliminary plat.
Cc: Craig Dawson
Tim Keane
Larry Brown
Rick Carlson
.
.
-2-
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CITY OF SHOREWOOD
RESOLUTION NO.
A RESOLUTION APPROVING A PRELIMINARY PLAT OF
LINDEN HILLS SECOND ADDITION
WHEREAS, a preliminary plat of Linden Hills Second Addition has been submitted in
the manner required for the platting of land under the Shorewood City Code and under Chapter
462 of Minnesota Statutes, and all proceedings have been duly had thereunder; and
WHEREAS, said plat is consistent with the Shorewood Comprehensive Plan and the
regulations and requirements of the laws of the State of Minnesota and the City Code of the City
of Shorewood.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
1.
The preliminary plat of Linden Hills Second Addition, as shown on Exhibit A,
attached hereto and made a part hereof, is hereby approved.
2. A final plat for the subdivision must be submitted within six months of the date of
the City Council's approval of the preliminary plat.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 24th day of
May, 2004.
WOODY LOVE, MAYOR
ATTEST:
CRAIG W. DAWSON, CITY ADMINISTRATOR/CLERK
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p E, UTlUTY &
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BENCHMARK:
:,:UT H'tDRANT
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236
FAX (952) 474"0128 . www.cLshorewood.mn.us · cityhall@cLshorewood.mn.us
MEMORANDUM
TO:
Planning Commission, Mayor and City Council
.
FROM:
Brad Nielsen
DATE:
25 April 2004
RE:
T -Mobile - Conditional Use Permit for Telecommunications
Facilities at Southeast Area Water Tower Site
FILE NO.:
405(04.04)
BACKGROUND
.
Last month the City Council authorizedT-Mobile to make an application for a
conditional use permit to locate telecommunications facilities at 5500 Old Market Road
(see Site Location map -' Exhibit A, attached). The property is the site of Shore wood's
Southeast Area water tower. T -Mobile proposes to erect telecommunications antennae
around the stem of the water tower at the level that thenow bankrupt Metricom has its
.equipment. They also proposed to use the fenced-in area currently occupied by
Metricom's equipment to place their equipment cabinets at the base of the tower. The
property in question is zoned R-IA, Singl~-family Residential. The site measures 200' x
200' and contains 40,000 square feet of area:
The proposed antennae will be located around the stem of the water tower, approximately
76 feet high (see Elevation Drawing - Exhibit B). The equipment cabinet platform will
be a little larger than Metricom's, measuring approximately 11' x 20'.
Owl Engineering, the City's telecommunications consultant, has conduct(;:d an
intermodulation study, the results of which are contained in Exhibit E. A public hearing
is scheduled for Tuesday, 4 May 2004.
ft
~J PRINTED ON RECYCLED PAPER
:#=8. B.
Memorandum
Re: T -Mobile Conditional Use Permit
25 April 2004
ISSUES AND ANALYSIS
Telecommunications facilities are governed by the Telecommunications Act of 1995.
Shorewood has adopted its local regulations consistent with Federal requirements. These
are found in Section 1201.03 Subd. 21 of the City Code.
.
A. Land Use, For the most part, telecommunications facilities have been limited to
commercial zoning districts within the city, although the Code does allow the use of
public property for this purpose by conditional use permit. While the Code states that
there is no obligation on the part of the City to sell or lease public property to
teleconlmunications carriers, the Planning Commission had at one time recommended
existing tower facilities (i.e. City water towers) be used first before constructing
additional freestanding towers.
B. Code Requirements. Much of the curr~nt Code is intended to address new,
_ freestanding tower sites. Several provisions, however, are relevant to location of
, facilities on existing towers:
1. Finish. The proposed antennae must be finished to match the color of the ,existing
water tower. " '
2. Proposed Ground Facilities. The applicant proposes to erect an equipment
platform/within a II' x 20' fenced enclosure south ofthe AT&T equipment
shelter. The proposed location is very well screened from view.
3. Fencing. Asshown on Exhibit B! the applicant proposes to enclose the equipment
platform area with a chain linkfence.
.
",4. Landscaping. As mentioned in 2. above, the site is already well landscaped. . No
additional vegetation is considered necessary.
5. Stealth. As difficult as it can be to disguise antenna facilities, locating them on
existing towers or water towers is undoubtedly less visually obtrusive than
. building new freestanding towers. As evidenced by the facilities located at the
southeast area water tower, the ground equipment can be screened from view
quite effectively.
6. Evaluation and Monitoring. Our current code requirements provide for initial and
ongoing monitoring of FCC radiation emission requirements. The City's standard
.lease agreements between telecommunications carriers and the City provide for
annual monit9ring and, if necessary, testing.
-2-
Memorandum
Re: T-Mobile Conditional Use Permit
25 April 2004,
7. Engineering. The applicant proposes to use the Metricom structure in place to
mount its antennas. Details should be subject to review and approval by the City
Engineer.
RECOMMENDATION
Approvell of this conditional use permit should be subject to the following:
.
c.
The recommendations of the City Engineer with respect to structural and
operational issues.
. The applicant must enter into the City's lease agreement including provisions for
. . annual monitoring.
Since the applicant is responsible for the removal of the Metricom equipment,
staffis recommending that the current lease rate of$1500 per month, not be
increased at this time. There are provisions in the standard lease agreement for
, annual rate escalation, based on the CPI or four percent, whichever is greater.
a.
b.
If you have any questions relative to this matter, please do not hesitate to contact me prior
to the 4 May meeting.
Cc: Larry Brown
Tim Keane
Jess Louk
.
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TOWER ELEVATION
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TOWER PHOTOS
OWL ENGIN:EE'RIN:G 81 EMC TEST 'lABS, INC.
caNDliNG ClJMlMUIIIC!\TlOIIS ENGINEERS. EMe 1TESr U\BGRATOJlts
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SOil.79l-1338
April 19, 2004
City of Shorewood
5755 Country Club Road
Shorewood, Minnesota 55331-8927
RE: T-Mobile Application for PCS Site
.
Dear Mr. Larry Brown:
I have reviewed the application from T-Mobile for the PCS installationproposed to be
located on the east water tower.
I performed an interference study (intermodulation) using all the present frequencies on the
water tower as well as all city and county frequencies that could be located on the tower. I
did remove the Metricom system from the analysis. My analysis does not reveal any
predicted interference problems with the proposal.
Based on my review and analysis of the T -Mobile proposal it satisfies all of the technical
. requirements of the city and can be approved.
If you have any questions in this matter please contact me.
Sincerely,
-b~.k1
Garrett G. Lysiak, P.E.
Exhibit E
INTERMODULATION STUDY LETTER
Dated 19 April 2004
.
.
CITY OF SHOREWOOD
RESOLUTION NO.
A RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO
VOICE STREAM MINNEAPOLIS, INC.
WHEREAS, VoiceStream Minneapolis, Inc. (Applicant) is a communications common
carrier licensed by the Federal Communications Commission to provide personal
communications services to the Minneapolis/St. Paul metropolitan area; and
WHEREAS, the Applicant has determined that, in order to provide uninterrupted
personal communications services to the western segment of its territory, it requires an antenna
site in an area along Highway 7 in the City of Shorewood; and
WHEREAS, the Applicant has therefore applied for a Conditional Use Permit for the
construction of a communications equipment enclosure on the site of the Shorewood southeast
water tower and proposes to install as many as twelve (12) communications antennae on the
water tower itself; and
WHEREAS, the Applicant proposes to lease from the City of Shorewood the necessary
premises for the installation of a 16- foot by 21- foot communications equipment enclosure and
the required space on the water tower pursuant to a long-term lease; and
WHEREAS, the Applicant's request has been reviewed by the City Planner, and his
recommendations have been duly set forth in a memorandum to the Planning Commission dated
25 April 2004, which memorandum is on file at City Hall; and
I
WHEREAS, after required notice, a public hearing was held and the application
reviewed by the Planning Commission at its regular meeting on 4 May 2004, the minutes of
which meeting are on file at City Hall; and
WHEREAS, the Applicant's application was considered by the City Council at its
regular meeting held on 24 May 2004, at which time the Planner's memorandum was reviewed,
the minutes of the Planning Commission were reviewed, comments were heard from City
Council members and staff, and approval given for the Conditional Use Permit, subject to review
and completion of a satisfactory lease agreement between the City and the Applicant.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
FINDINGS OF FACT
1. The subject water tower site is located on T.H. 7 and is presently zoned R-1A,
single-family residential. The site is occupied by the Shorewood water tower, a small bituminous
.
.
parking area, and communications equipment owned by AT&T Cellular and Sprint Spectrum,
LLP.
2. Land use and zoning surrounding the site are as follows:
north and west - State Highway 7 r.o.w., then single and two-family homes;
zoned R-2A
Commercial and two-family residential; zoned P.U.D.
Cemetery and single-family homes; zoned R-IA and
P.U.D., respectively.
east -
south -
3. Section 1201.23, Subd. 4a. of the Shorewood City Code provides for
governmental and public regulated utility buildings and structures to be constructed within the R-
IA zoning district by Conditional Use Permit, subject to certain requirements of screening and
landscaping when abutting a residential use in a residential district.
4. The Applicant's activity serves a valuable purpose in the community, and there is
a need for the activity and services provided by the Applicant in order that the community be
properly serviced, and that the Federal Telecommunications Act requires that local governments
accommodate personal communications services within their boundaries.
5. The proposed use of the land is in accordance with the official City
Comprehensive Plan and will not adversely affect the general welfare, public health and safety of
the community.
6. The approval of the proposed Conditional Use Permit should be in the form of a
lease agreement setting forth the rights and obligations of the parties to the Agreement.
CONCLUSIONS
That the Applicant's application for a Conditional Use Permit for the construction of a
communications equipment enclosure as shown on Exhibit 1 and antenna array as shown on
Exhibit 2 is hereby granted, subject to the provisions of City Code, Section 1201.04, Subd.
l.d.(1), and the following additional conditions:
1. The grant and term of the Conditional Use Permit shall comply and be subject to
all of the terms and conditions set forth in the Water Tower Space Lease Agreement attached
hereto and made a part hereof as Exhibit 3.
2. The attachments to said Water Tower Space Lease Agreement consisting of
Exhibit A, Tower Site Legal Description; Exhibit B, Equipment to be Placed Within the
Enclosure; and Exhibit C, Equipment to be Placed on the Water Tower, shall be considered as a
part of and a condition to the approvals and grants herein.
3. The site shall be restored and landscaped to its present condition.
2
.
.
4. That the Mayor and City Administrator/Clerk are hereby authorized to execute
said Water Tower Space Lease Agreement on behalf of the City Council.
5. That this resolution, together with the Exhibits attached hereto, be filed and
recorded with the Hennepin County Recorder or Registrar of Titles within thirty (30) days of
certification hereof.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 24th day of
May, 2004.
Woody Love, Mayor
ATTEST:
Craig W. Dawson, City Administrator/Clerk
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WATER TOWER SPACE LEASE AGREEMENT
THIS WATER TOWER SPACE LEASE AGREEMENT ("Agreement") is made as
of , 2004 (the "Effective Date"), between VoiceStream Minneapolis, Inc., a
Delaware corporation, c/o T-Mobile, 8550 West Bryn Mawr, Suite 100, Chicago, TIlinois 60631
("Lessee"); and City of Shorewood, a Minnesota municipal corporation, 5755 Country Club
Road, Shorewood, Minnesota 55331 ("City").
STATEMENT OF FACTS
City owns certain real estate located at , in the City of Shorewood, in the
County of Hennepin, State of Minnesota, legally described in Exhibit A hereto (the
"Property").
. City owns and operates a municipal water tower on the Property (the "Tower").
Lessee desires to enter into this non-exclusive lease to lease from City a portion of the Property
and certain space on the Tower for the purpose of installing, maintaining and operating
certain equipment therein and thereon.
NOW THEREFORE, in consideration of the mutual promises and covenants contained in this
Agreement, the parties agree as follows:
1.) TERM.
.
(a) Initial Term. The initial term of this Agreement shall commence on the earlier of
, 2004, or the date that Lessee begins construction on the Property (the
"Commencement Date"l:, and continue through December 31,2009 (the "Initial Term"), unless
sooner terminated as provided for herein.
(b) Renewal Term(s). The term of this Agreement shall automatically renew on the same
terms and conditions herein, for up to three (3) additional and successive periods of five (5) years
each (the "Renewal Terms"), unless Lessee notifies City in writing of Lessee's intention not to
renew at least ninety (90) days before the expiration of the then current term, as provided in
Section 11 (a) below~.
The Initial Term and all Renewal Terms are collectively referred to herein as the "Term."
2.) DEMISE OF SPACE. City hereby lets and demises unto Lessee, and Lessee hereby
receives and accepts from City, the following:
.(~).'..'.....'. ... BUildillg..Space. .......~itY..shallJ)rqvidesl1fficient..groUnd br.ii1.teriorspacenea.rtlle'tower...tb
accommodate. the construction,. maintenance and operation, pursuant . tothesp~cifications an4
requir~e~!S listedin:Exhibit.l3 hereto,' to housecertainequipm~t th.erein:(th~"Buildit1g
Spage")J
~h~b,t ,
.
.
(b) Tower Space.
(1) IIritiaf~~....Cltysha1fpro"ld~Les$e~c.space.()nthe.tp"Wer.'.forthe.putp.#s~pf,
a~~cWng ..the......translIlittil1,g.....~d ...re9~iving,.....equil'Illent..and,appantt1ls...ap.~
f~9ilWesused.in.~?ll11ectiQn '.'th~r~~tl1......(tl1e.. "~ijal~quipIllent'').set..f9rtlJ,
ip ExllibitQ,in . .tJie.loc~tionsdesignat~din~ll~h> exhilj~t (~~"''I'Qwer.
~p~c~~').
(2)
Additional Equipment and Modifications -- Any plans to: (i) modify,
change or replace the Initial Equipment; (ii) modify or change the
installation of such Initial Equipment; (iii) change the location or
frequency of all or any part of the Initial Equipment; or (iv) add any
additional equipment to the Tower, shall be submitted for City's prior
approval, and such al?g~?vaL,~llT'~?~ ......g~,:~~~?g~~~r",~~~~,l~>,.
".c. .,o.........n,'.,.,.,.....d.,."....i..t.if:)....n.... ,.e,... d. .... or....d.,." e..,.,l..~.y.. ....e....d........,.,..,. ..,..,.~.,t,...,~...m....,........',..,...~................(i.)..':;~.'
....,.........,..o,.,...,..u.... ....M.. '....,....:.....:,'.C.1.,....,v.........,.....). ~...Tm.........c.,....J..ll.'.'.....S.,..l.....,.v.'.".e. .",.....,. ...~.n... .~....;...JJi~J.:~i1Jl~~~
p~,..'~Q!l~qti:Y~ly'.'~~t~p.e~...tQ:.,.,~$.',....~~...'#~~~~#()~~l:..~~-mP);tl~!lti~.j Lessee shall
promptly, upon demand by City, pay for an evaluation performed by an
independent structural' engineer and/or a professional communications
engineer, retained by City, as City deems necessary, to determine whether
the Additional Equipment will interfere with existing or proposed
operations on the Property, and whether the Tower can structurally
support the Additional Equipment. In addition, a proportional adjustment
to the Base Rent shall be agreed upon by the parties hereto if additional
antennae (in excess of nine (9) antennae) will be installed or additional
space on the .'fg"Y~~}~. F~g~~r~~~.9ac.~?~?~~!~.,..*~....~~,~~~9g~1
g9gil'Il1~~!" "," ......~~e,.,..~~I~1,',..~9~p~~!l;~...,~~...".A.~~~q~~?.~qyjPJ;Il.~t\~JA~~~
h~i~miUterb~...,cQllectiMeb".referred~<:has..tne.1~iEq", inp. .rnent;....~.)
.:.." .",-'..',.'" ,. ., .:.", .-". ". '::'_"'-"':':-";"'_;' : """. ,.'. .:, .:",':' '~';'" :_r. .-:.__.;oj, ,':, oJ.'" , ., .,:.,:.: ,,,,,~...';';,,:'.;.','__; -,_ ,-u',. >'.-_,.-:!',..,:,....
',:.: .'~ _', "",<,.,<",,;,_ ,,:'.:,;': ...,_; _ "...'..'"'-: ..H".. .
(c) Access. Subject to acts of God and other occurrences beyond the reasonable control of
the parties, Lessee and its authorized agents shall have access to the Premises (as defined below)
twenty- four hours a day, seven days a week in order to maintain and operate its Equipment
thereon. Lessee shall telephonically request access to the Premises in advance, at a place
designated by the City.
3.) RENT.
(a) Base Rent.
(1) During the period from the Commencement Date through December 31,
2004, Lessee shall pay rent (the "Base Rent") to City, for the Premises, in
an annualized amount of Eighteen Thousand and 00/100 Dollars
($18,000.00) per year prorated (based upon a 360 day year basis). The
first installment of Base Rent will be paid by Lessee to City within twenty
(20) days after the Commencement Date, and all subsequent payments of
2.
.
.
Base Rent will be paid annually in advance, on or before January 1st of
each year.
(2) The Base Rent shall be increased by $60.00 per month for each antenna in
excess of nine (9) antennae.
(3) Annual Adjustments -- The annualized Base Rent shall be increased as of
January 1, 2005, and each January 1st thereafter, by the greater of:
a. four percent (4%) of the previous year's annualized Base Rent; or
b.
by an amount equivalent to the increase in the Consumer Price
Index for All Urban Consumers, All Cities, All Items (1984 = 100)
(the CPl), as published by the United States Department of Labor
Statistics, or if such index shall be discontinued, the successor
index, or if there shall be no successor index, such comparable
index as mutually agreed upon by the parties hereto. To determine
the annual increase in Base Rent under this paragraph, the
annualized Base Rent for the previous calendar year shall be
multiplied by a percentage figure, computed from a fraction, the
numerator of which shall be the CPl for the third quarter of the
preceding year and the denominator of which shall be the CPl for
the corresponding quarter one year earlier. Such fraction shall be
converted to a percentage equivalent, and shall be multiplied by
the previous year's Base Rent. City shall be responsible for
calculating all annual increases in Base Rent and for
communicating the same to Lessee by December 1st of each year.
4.) ADDITIONAL RENT. Lessee shall pay all taxes, charges, costs and expenses that are
directly attributable to Lessee's improvements, and all damages, costs, expenses and sums that
City may incur or that may become due by reason of any default by Lessee or failure by Lessee
to comply with the terms and conditions hereof (such taxes, charges costs and expenses shall be
deemed to be "Additional Rent" and, in the event of nonpayment thereof, City shall have all
rights and remedies as hereinafter provided for failure to pay Base Rent when due).
5.) ~OVERNMENTAL APPROVAL CONTINGENCY. Lessee's right to use the
Premises is expressly contingent upon its obtaining, in advance, all the certificates, permits,
zoning and other approvals that may be required by any federal, state, or local authority. City
shall cooperate with Lessee in its efforts to obtain such approvals and shall take no action that
would adversely affect the status of the Premises with respect to the Lessee's proposed use
thereof. In addition, before obtaining a building permit, Lessee shall cause to be performed and
pay the reasonable cost of: (i) a radio frequency interference study performed by an
independent, qualified communications engineer selected by the City, showing that Lessee's use
contemplated herein will not interfere with any existing communications facilities upon the
Tower (the "Interference Study"); and (ii) an engineering study performed by an independent
structural engineer selected by the City, showing that the Tower is able to support the
Equipment, without prejudice to the City's use thereof (the "Structural Stability Study"). lfthe
3.
.
.
Interference Study reveals that there is a potential for interference that cannot be reasonably
remedied by the Lessee, or the Structural Stability Study reveals that the structure is unable to
safely bear the weight of the Equipment, neither of such findings shall constitute a default by
either party hereto, but Lessee shall have the right to terminate this Agreement in accordance
with Section IlG(c), below.
6.) OWNERSIDP.
(a) Tower. City shall at all times retain exclusive title to and interest in, and control of
the Tower and the Property.
(b) Equipment. Lessee shall at all times retain exclusive title to and interest in, and
control of the Equipment. The Equipment shall at all times remain the personal property of
Lessee and shall not be fixtures on the Premises.
7.) USE. INSTALLATION AND NON-INTERFERENCE. Lessee shall use the
Premises only for and in connection with the installation, operation, repair and maintenance of a
City-approved communications antenna facility, Equipment and cabinets and uses incidental
thereto for providing radio and wireless telecommunication services. The Equipment shall be
installed at Lessee's sole cost and expense in a manner approved by City in advance, such
approval not to be unreasonably withheld, conditioned or delayed. A government unit may be
allowed to place antennae or other communication facilities on the Tower regardless of potential
or actual interference with Lessee's use; however, if Lessee's use of the Premises or Equipment
is materially affected, Lessee may terminate the Agreement. A government unit is to include
public safety agencies, including law enforcement, fire and ambulance services. Lessee shall
promptly (within seventy-two (72) hours of notice from City) cure any interference caused by
Lessee's Equipment to pre-existing equipment on the Tower belonging to City, governmental
units or other tenants of City, and if such interference cannot be cured within 72 hours, shall
temporarily reduce power or cease the offending operations, until a cure at full power is
achieved. City covenants to use its best efforts to afford Lessee similar protection from
interference caused by the operations of any subsequent user of the Property.
8.) MAINTENANCE AND REPAIR.
(a) fat-Tower. City shall be solely responsible for the maintenance and repair of the
Property and the Tower and keeping the same in a safe condition and fit for the use
contemplated hereby, except any damage resulting from the acts or omissions of Lessee
or its authorized agents shall be repaired by City, and Lessee shall reimburse City, upon
demand, for all reasonable costs associated with such repair. City shall provide Lessee
with copies of invoices for any such repairs.
(b) Equipment. Lessee shall pay and be solely responsible for the maintenance and repair of
the Equipment. If Lessee fails to timely maintain or repair the Equipment as herein required,
City may, but is not hereby required to, after 30 days notice to Lessee, take reasonable steps to
maintain or repair the Equipment, and Lessee shall reimburse City, upon demand, for all
reasonable costs associated with such repair and maintenance. In addition, at all times during the
4.
.
.
Term, all of the Equipment installed on the Tower shall be painted the same color as the Tower,
at the sole expense of Lessee.
9.) EVENTS OF DEFAULT. The occurrence of any one or more of the following
events shall constitute an Event of Default under this Agreement:
(a) Failure to Pay. Lessee shall fail to timely pay any amount due under this
Agreement, and such failure shall continue uncured for more than thirty (30) days after
receipt of notice thereof from City;
(b) Failure to Perform. Except as otherwise stated herein, if either party shall fail to
perform any other covenant of this Agreement and does not cure or reasonably
commence and proceed diligently to cure such failure within sixty (60) days after receipt
of notice thereof from the other party; or
(c) Bankruptcy. (i) Lessee shall make an assignment for the benefit of creditors; (ii) Lessee
files a voluntary petition under the Bankruptcy Code of the United States or any state statute
similar thereto, or Lessee be adjudged insolvent or a bankrupt pursuant to an involuntary
petition, and such petition is not dismissed within sixty (60) days of filing; (iii) a receiver or
trustee is appointed for the property of Lessee by reason of insolvency of Lessee and such
receiver or trustee is not discharged within 60 days; (iv) any department of the state or federal
government, or any officer thereof duly authorized, takes possession of the business or property
of Lessee by reason of the insolvency of Lessee; (v) Lessee continues in possession without the
appointment of a receiver or trustee under Chapter 11 of the Bankruptcy Code; or (vi) Lessee is
the subject of any petition or proceeding related to relief from creditors.
10.) REMEDIES ON DEFAULT. If an Event of Default occurs, the non-defaulting
party may at any time thereafter:
(a) Terminate this Agreement. Terminate this Agreement pursuant to Section llG(b) I
below; and/or
(b) Other Available Remedies. Pursue any other available remedies at law or in
equity that may appear necessary or desirable to enforce performance and observance of
any obligation, agreement, or covenant of this Agreement.
11.) TERMINATION. Upon termination of this Agreement, except if terminated by
reason of an Event of Default, Lessee shall be entitled to a refund of any Base Rent paid in
advance. This Agreement may be terminated pursuant to any ofthe following provisions:
(a) Bv Notice. Lessee may elect to terminate this Agreement, without cause, as of
the end of the Initial Term or any subsequent Renewal Term by giving notice to the City
at least ninety (90) days prior to the expiration of the Initial Term or any subsequent
Renewal Term.::
(b) By Default. Either party may terminate this Agreement as described in this
paragraph. If City or Lessee fail to perform any covenant of this Agreement and does not
cure or reasonably commence and proceed diligently to cure such failure within sixty
5.
.
.
(60) days after receipt of notice thereof from the other party, the other party may at any
time thereafter: (i) terminate this Agreement as of the date stated in such notice; and/or
(ii) subject to the limitations of Section 26(k) herein, pursue any other available remedies
at law or in equity that may appear necessary or desirable to enforce performance and
observance of any obligation, agreement, or covenant of this Agreement.
( c) Bv Failure of Governmental Approval Contingency. Lessee may terminate this
Agreement if the Governmental Approval Contingency is not satisfied as a result of an
adverse fmding in either the Interference Study or the Structural Stability Study.
(d) By Lessee. Lessee may terminate this Agreement with cause, if: (i) Lessee gives City at
least sixty (60) days notice of Lessee's exercise of this provision; (ii) Lessee is not in default
under the terms hereof; (iii) Lessee pays City all outstanding amounts that are due and payable
hereunder as of the termination date; and:
(1)
Lessee is unable, after exerting all reasonable efforts, to obtain and/or
maintain any license, permit or other governmental approval necessary for
the construction and/or operation of the Equipment or Lessee's business;
or
(2) During any of the Renewal Terms (if any), if the Premises or Equipment is
or becomes unacceptable under Lessee's design or engineering
specifications for its Equipment or the communications system to which
the Equipment belongs.
(e) By City. City may terminate this Agreement if City gives Lessee at least sixty (60) days
notice of City's exercise of this provision, and:
(1)
City's Council decides, for any reason, to redevelop the Property, or any
portion thereof, in a manner inconsistent with the continued use of the
Premises by Lessee, and/or discontinues use of the Tower for all purposes.
The City will undertake its best efforts to provide notice of at least one
year to Lessee;
(2) An independent structural engineer determines that the Tower is
structurally unsound, after considering all reasonable factors, including
without limitation, the age of the Tower, damage or destruction of all or
any part thereof, and factors relating to condition of the Property;
(3) After considering relevant engineering studies, City reasonably determines
that a City of Shorewood governmental unit as provided for in Section 16
herein cannot find another adequate location on the Tower, or the
Equipment unreasonably interferes with the City of Shorewood
governmental unit's use of the Tower; or
(4) City reasonably determines that Lessee has failed to comply with
applicable ordinances, or state or federal law, or any conditions attached to
6.
.
.
government approvals granted thereunder, after a public hearing before the
City's Council.
(f) By Destruction. Either party may terminate this Agreement upon thirty (30) days notice,
if, as a result of any natural disaster, act of God or other occurrence beyond the control of the
parties hereto, all or any part of the Premises is destroyed or damaged to the extent that it is
reasonably determined that such will be unusable for more than one hundred twenty (120) days.
If this Agreement is not so terminated, City shall undertake to repair or replace the_Premises
within a reasonable period of time, and if such damage renders the_Premises unfit for Lessee's
use, and Lessee, by reason thereof, discontinues its use of such facilities, the Base Rent payments
due hereunder shall abate in proportion to that part of the Premises that is rendered unusable,
until such time as the Premises is again operational.
12. COMPLIANCE WITH LAW.
(a) Lessee. Lessee shall (i) acquire, at Lessee's sole expense, all necessary federal,
state and local . certificates, permits, licenses, zoning and other approvals that are
necessary for Lessee to operate and maintain the Equipment on the Premises, as
contemplated in this Agreement, and (ii) comply with all federal, state and local laws,
and regulations that are applicable to such use of the Premises.
(b) City. Subject to Section 12(a) above, City shall: (i) acquire, at City's expense, all
necessary federal, state and local certificates, permits, licenses, zoning and other
approvals that are necessary for City to operate and maintain the Tower, and (ii) comply
with all federal, state and current local laws, and regulations that are I;lpplicable to the
operation and maintenance of the Tower.
13.) TAXES. Lessee shall be solely responsible for charges, levies, taxes,
assessments and similar impositions, directly attributable to Lessee's Equipment, the Building
Space, or that arise out of Lessee's use of the Tower.
14.) UTILITIES. Lessee shall be responsible for payment and separate metering of
all utility services directly with the utility providers for services consumed by Lessee's
operations at the Premises. City will reasonably cooperate with Lessee's efforts to improve
existing utilities on the Property for Lessee's use, or to connect the Equipment to existing
utilities on the Property, and City will execute any easement, right-of-way or similar agreement
that Lessee or a utility service provider may reasonably request for any such purposes.
15). INDEMNIFICATION. Lessee and City each indemnify and hold harmless the
other and their respective elected officials, officers, employees, agents, and representatives, from
and against any and all claims, costs, losses, expenses, demands, actions, or causes of action,
including reasonable attorneys' fees and other costs and expenses of litigation arising out of the
use and occupancy of the Premises by Lessee, which may be asserted against or incurred by
either party or for which either party may be liable in the performance of this Agreement, except
those to the extent that the same arise from the negligence, willful misconduct, or other fault of
either party, its employees, agents or contractors. Lessee shall defend all claims arising out of
7.
.
.
the installation, operation, use, maintenance, repair, removal, or presence of Lessee's Equipment
and related facilities on the Premises.
16.) REPRESENTATIONS AND WARRANTIES. Without limiting the scope of
subparagraph 15 above, Lessee will be solely responsible for and will defend, indemnify, and
hold City, its agents, and employees harmless from and against any and all claims, costs, and
liabilities, including reasonable attorney's fees and costs, arising out of or in connection with the
cleanup or restoration of the Premises associated with the Lessee's use of Hazardous Materials.
For purposes of this Agreement, "Hazardous Materials" shall be interpreted broadly and
specifically includes, without limitation asbestos, fuel, batteries or any hazardous substance,
waste, or materials as defined in any federal, state, or local environmental or safety law or
regulations including, but not limited to, CERCLA, other than such materials used in the
ordinary course of Lessee's business in accordance with all applicable laws and regulations.
City represents that it has no knowledge of any substance, chemical or waste on the City's
Property that is identified as hazardous, toxic or dangerous in an applicable federal, state or local
law or regulation.
17.) INSURANCE.
(a) Coverage. During the Term, Lessee shall, at its sole expense, obtain and keep in force
comprehensive general liability coverage with limits of not less than One Million Dollars
($1,000,000) each occurrence; One Million Dollars ($1,000,000) personal injury; One
Million Dollars ($1,000,000) general aggregate, and One Million Dollars ($1,000,000)
products and completed operations aggregate, covering Lessee's work and operations at
or in connection with the Premises, and naming City as an additional insured.
(b) Evidence of Coverage. Not less than ten (10) days prior to the expiration of any
then current policy, Lessee shall deliver to City, a certificate of insurance showing that
Lessee maintains all the insurance required under this Agreement. Such policy shall also
provide that City must receive thirty (30) days' notice of any reduction in coverage,
expiration or cancellation thereof, and shall be issued by a company reasonably
satisfactory to City.
(c) Landlord's Insurance. City shall maintain commercial general liability insurance
against liability for personal injury, death or damage arising out of City's use or
management of the Structure by City, its employees or agents, with combined single
limits of not less than $600,000. City shall also maintain fire and extended coverage
insurance insuring the Tower for its full insurable value (subject to reasonable
deductibles ).
(d) Waiver of Subrogation. Notwithstanding anything in this Agreement to the
contrary, each party releases the other party from all liability, whether for negligence or
otherwise, in connection with any loss covered by any policies which the releasing party
carries with respect to such property or is required to be carried hereunder. Any policy
required to be obtained pursuant to this Agreement shall contain a waiver of subrogation
in favor of the party hereto.
8.
.
.
18.) ASSIGNMENT. This Agreement and Lessee's rights and duties established
hereunder, may be sold, assigned, or transferred at any time by Lessee to Lessee's parent,
affiliate or subsidiary, or any party that merges or consolidates with Lessee or its parent, or any
party that purchases or otherwise acquires all or substantially all of Lessee's stock or asset,
without notice to or the consent of City. Subject to the foregoing sentence, Lessee shall not
assign this Agreement or any of the rights or duties established hereunder without the prior
written consent of City. City's consent shall not be unreasonably withheld, conditioned or
unduly delayed. For purposes of this section, an "affiliate" or "subsidiary" means an entity that
owns greater than a fifty percent (50%) interest or any entity which is controlling, under the
control of or controlled by a common entity. City hereby consents to the assignment of its rights
under this Agreement, as collateral, to any entity that provides financing for the purchase of the
equipment to be installed at the Premises.
19.) CONDEMNATION.
(a) Entire Premises. If, during the Term, the entire Premises shall be taken as a
result of the power of eminent domain, condemnation proceedings, or other like
proceedings (the "Proceedings"), this Agreement and all right, title, and interest of Lessee
hereunder shall cease and come to an end on the date of taking of possession pursuant to
the Proceedings.
(b) Portion of the Premises. If, during the Term, less than the entire Premises shall
be taken by the Proceedings, this Agreement shall, upon taking of possession pursuant to
the Proceedings, terminate as to the portion of the Premises so taken, and either party
may elect to terminate this Agreement with respect to the remainder of the Premises, as
of the date of taking such possession, by giving the other party at least thirty (30) days
notice. If neither City or Lessee elects to terminate this Agreement as to the remainder of
the Premises, this Agreement shall continue in full force and effect, but the Base Rent
shall be reduced pro rata in accordance with the percentage of value of the Premises so
taken compared with the total value of the Premises immediately prior to such taking.
Nothing herein contained shall affect Lessee's obligation to pay in full the Additional
Rent. City shall, however, at City's sole cost and expense, restore that portion of the
Premises not so taken to a complete architectural unit for the use and occupancy of
Lessee.
( c) Lessee's Share of Condemnation Award. If all or any portion of the Premises is
taken, Lessee shall not be entitled to any portion of any payment or award made in
connection therewith. Lessee hereby expressly waives any right or claim to any portion
of such award or payment. Lessee shall, however, have the right to claim and recover
from the condemning authority, but not from City, such compensation as may be
separately awarded or recoverable by Lessee on account of any and all damage to
Lessee's business, equipment and relocation costs and expenses.
20.) QUIET ENJOYMENT. Except as otherwise provided for herein, Lessee shall
have quiet and peaceable possession of the Premises throughout the Term, and City will not
intentionally disturb Lessee's occupancy thereof as long as Lessee is not in default hereunder.
Notwithstanding the foregoing, Lessee's right to quiet enjoyment shall not apply to events
9.
.
.
beyond the control of City, or interference during periods of normal and extraordinary repairs
and maintenance of the Property or Tower by City.
21.) REMOVAL AND SURRENDER. Unless otherwise agreed to in writing by
City, within a reasonable period of time, not to exceed sixty (60) days, after the expiration or
earlier termination of the Term, Lessee shall, at Lessee's sole expense, remove all of the
Equipment from the Premises, and restore and surrender the Premises to City in good condition
without damage thereto, reasonable wear and tear and casualty excepted. If Lessee fails to
timely remove as required herein: (i) the Equipment shall be deemed abandoned and become the
property of City (subject to the interests of other persons or entities disclosed in writing to City
prior to the date of hereof); and (ii) City may take reasonable steps to remove the same and
restore the Premises, and Lessee shall be responsible for, and pay upon demand by City, all
reasonable costs associated with such removal and restoration.
22.) BINDING EFFECT. This Agreement shall be binding upon and shall inure to
the benefit of the parties hereto and their respective heirs, assigns and successors in interest.
23.) LIENS. Lessee shall not permit any mechanics or other liens to be filed or placed
against the Premises or any part thereof by reason of work, services, materials supplied to or
claimed to have been supplied to Lessee, and if such lien is filed against the Premises at any
time, Lessee shall cause the same to be discharged of record by paying the amount claimed to be
due, shall deposit with the court an amount equal to the amount claimed, or shall post bond for
the same, within thirty (30) days of the date of such filing. If Lessee shall fail to discharge such
lien or to so deposit such amount within such period, then, City may, but is not hereby required
to, take reasonable steps to discharge such lien, and Lessee shall reimburse City, upon demand,
for all reasonable costs incurred by City in connection with such discharge.
24.) ADDITIONAL BUILDINGS. City shall have the right to permit the
construction of other buildings and equipment on the Property, pursuant to the specifications and
requirements set forth in Exhibit B, and Lessee shall permit such buildings to be placed
immediately on the Proep~rty; provided, however, that no such other buildings or equipment will
interfere with Lessee's ability to use or access the Premises and Equipment.
25.) NOTICE. Any notice, election, request, or other communication herein required
or permitted to be given or served shall be delivered to the other party hereto (with receipt
obtained therefor), or mailed by United States certified mail, return receipt requested, postage
prepaid, or sent by a nationally recognized overnight courier service, properly addressed to such
other party at the following addresses:
(g) If to Lessee:
V oiceStream Minneapolis, Inc.
c/o T-Mobile
8550 W. Bryn Mawr Ave., Suite 100
Chicago, IL 60631
Attn: Lease Administration (Minneapolis)
W / a copy to: Legal Dept.
10.
.
.
with an additional copy to:
T-Mobile USA
12920 SE 38th Street
Bellevue, W A 98006
Attn: PCS Lease Administration
WI a copy to: Legal Dept.
(h) If to City:
City of Shorewood
5755 Country Club Road
Shorewood, Minnesota 55331
Attention: City Administrator
with an additional copy to:
Leonard, Street and Deinard
150 S. Fifth Street
Suite 2300
Minneapolis, Minnesota 55402
Attn: Timothy J. Keane. City Attorney
Unless and until changed by notice as herein provided, notices and communications shall
be addressed to the above-listed addresses. Each such mailed notice or communication shall be
deemed to have been given to, or served upon the party to which addressed, (i) on the date the same
is personally delivered or (ii) on the date set forth on the certified receipt. All payments required by
this Agreement shall be made to City at the address designated above, or as may be hereafter
designated.
26.) MISCELLANEOUS.
(a) Applicable Law. The parties acknowledge that this Agreement is subject to the
provisions of applicable federal and state laws and regulations. Any obligation, duty or
provision under this Agreement that conflicts with any provision of applicable federal or
state laws or regulations, is to that extent void. This Agreement has been made, and its
validity, performance and effect shall be determined in accordance with the internal laws
of the State of Minnesota.
(b ) Waiver. The waiver by either party of a breach or violation of, or failure of either
party to enforce, any provision of this Agreement shall not operate or be construed as a
waiver of any subsequent breach or violation or relinquishment of any rights hereunder.
( c) Entire Agreement and Modification. This writing represents the entire agreement
and understanding of the parties with respect to the subject matter hereof and supersedes
any and all previous agreements of whatever nature between the parties with respect to
11.
.
.
the subject matter. This Agreement may not be altered or amended except by an
agreement in writing signed by both parties.
(d) Headings; Exhibits. The headings of sections in this Agreement are for
convenience only; they form no part of this Agreement and shall not affect its
interpretation. The Statement of Facts contained herein, and all schedules, exhibits,
addenda or attachments referred to herein are incorporated in and constitute a part of this
Agreement.
(e) Severability. If any part of this Agreement is invalid or unenforceable under
applicable law, that part shall be ineffective only to the extent of such invalidity or
unenforceability without in any way affecting the remaining parts of the provision or this
Agreement.
(f) Sublet/Sublicensing Prohibited. Subject to Section 18, Lessee shall not sublease,
license or otherwise make the Premises available to others for use in any manner.
(g) Construction. Both parties hereby acknowledge that they participated equally in
the negotiation and drafting of this Agreement and that, accordingly, no court construing
this Agreement shall construe it more stringently against one party than against the other.
(h) Counterparts. This Agreement may be executed in two or more counterparts,
each of which shall be deemed to be an original, but all of which together shall constitute
one and the same instrument.
(i) Trade Term Usage. Words used in this Agreement shall be given the meanings that they
normally possess in the wireless communications industry, unless otherwise specifically defmed
herein.
(j) Recording. At the option of either party, this Agreement, or a mutually agreeable
Memorandum hereof, may be recorded in the real property records of the county where the
Premises is located.
(k) Limitations of Liability. Notwithstanding anything to the contrary in this Agreement, in
no event will either party be liable to the other party for, or indemnify the other party against,
punitive, indirect, incidental, special or consequential damages, including, without limitation,
loss of profits, income or business opportunities; provided, however, that this provision shall not
release or reduce Lessee's obligation to pay rent to the City in accordance with the terms of this
Agreement.
(1) Authority. City represents and warrants that City has full authority to enter into and sign
this Agreement and has good and marketable title to the Property.
(m) Alterations. The Lessee shall make no alternations to the Equipment, facilities and
antennas as depicted in Exhibits B and C without the written consent of the City, which will not
be unreasonably withheld, conditioned or delayed.
12.
.
.
(n) Estoppel. Each party agrees to furnish to the other, within twenty (20) days after request,
such truthful estoppel information as the other may reasonably request.
(0) Waiver of Landlord's Liens. City waives any lien rights it may have, statutory or
otherwise, regarding Lessee's Equipment, all of which shall be deemed personal property,
whether considered real or personal property under applicable state laws.
(P) This Agreement shall be construed in accordance with the laws of the State of Minnesota.
13.
.
.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date
indicated on page 1 hereof.
LESSEE:
CITY:
V oiceStream_Minneapolis, Inc.
City of Shorewood
By: Michael O'Rourke
Its: Director of Engineering & Operations
By:
Its: Mayor
By:
Its: Acting City Administrator
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on , 2004, by
Michael O'Rourke, the Director, Engineering and Operations, of Voice Stream Minneapolis, Inc.,
a Delaware corporation, on behalf of corporation.
Notary Public
STATE OF
)
) ss.
)
COUNTY OF
The foregoing instrument was acknowledged before me on , 2000,
by Woody Love and Craig W. Dawson, the Mayor and Acting City Administrator, respectively,
of the City of Shorewood, a Minnesota municipal corporation, on behalf of the corporation.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
Leonard, Street and Deinard
150 S. Fifth Street, Suite 2300
Minneapolis, Minnesota 55402
Timothy J. Keane. City Attorney
(TJK)
0519208.01
14.
.
.
EXHIBIT A
Attached to and Forming a part of the
Water Tower Space Lease Agreement
between
V oiceStream Minneapolis, Inc., as Lessee
and City of Shorewood, as City
Le2:al Description - Premises:
Dia2:ram - Premises:
[ATTACH DIAGRAM HERE]
A-I
P984 LEASE redline fillalP981 LEASE redlille 4.23.04P984 LEASEredlineJ.15.0'1
.
.
EXHIBIT C
Attached to and Forthing a part of the
Water Tower Space Lease Agreement
between
V oiceStream Minneapolis, Inc., as Lessee
and City of Shorewood, as City
Equipment to be placed on the Tower. Location{s) thereon and Operatin2: Frequencies:
D-l
P984 LEASE redline finalP981 LEASE 1"6dlin6 4.23.04P984 LEASErealiReJ.15.0'1
.
.
Page 1 of 1
Brad Nielsen
From: ComRealEst@aol.com
Sent: Monday, May 10, 2004 9:20 AM
To: bnielsen@cLshorewood.mn.us
Subject: Verizon Wireless CUP Application, 55 db Sound Threshold
Bradley,
Attached is an Adobe Acrobat file that demonstrates the predicted distance
from the proposed emergency generator at which the noise level is expected
to be reduced to less than 55 db (as a result of adding the wooden fence
surrounding the generator to the sound enclosure of the generator, itself).
The distance predicted for the noise level to go below 55 db (during the one hour
per week it operates normally and during emergency use only) is 60 feet from
the generator. The size of this commercial lot is large enough to totally contain
any level above 55 db to the north or south and the threshold on the east and
and west only crosses the lot lines by a few feet (on relatively unused portions
of the two adjacent lots commercial lots ).
This prediction is based upon the existance of a hard surface, such as asphalt
or concrete. Because the surface is gravel and dirt the sound will attenuate faster.
Do you have any comments?
John Rowe
Buell Consulting, Inc.
Contractors to Verizon Wireless
P. O. Box 2523
Centennial, CO 80161-2523
303-220-9100 Direct Line
303-618-4615 Portable
303-221-8420 Fax
5/17/04
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MIN SHOREWOOD
GENERATOR ADD
24283 Smilhlown Road
Shorewood, MN 55331
VERIZON =.::.~ DESIGN~
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5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA55331-8927. (952) 474-3236
FAX (952) 474-0128- www.cLshorewood.mn.us - cityhal1@cLshOrewood.mn.us
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CITY OF
SHOREWOOD
i
MEMORANDUM
TO: Planning Commission, Mayor and City Council
FROM:
Brad Nielsen
.
RE:
Larson, Dale _ C .V.Pfor Accessory Space in Excess of 1200 Square Feet
DATE: 30 April 2004
FILE NO.: 405 (04.11)
BACKGROUND
.
Sharratt Design, representing Dale Larson, is in the process of constructing a new home
on the property located at 27980 Smithtown Road (see Site Location map - Exhibit A,
attached). The new house was designed with a storage area adjoining the garage that
technically counts as part of the dwelling. The owner has decided to make this space (see
Exhibit B) part of the garage. Since the area of this space, added to the garage, exceeds
1200 square feet, the change requires a conditional use permit pursuant to Section
1201.03 Subd. 2.d,(4} of the Shorewood Zoning Code.
The property is zoned R-WS, Single-Family Residential/Shoreland and contains
approximately 44,17Q square feet in area. The garage is side-loading and angled to
conform with the shape of the lot (see Exhibit C). It currently contains 1200 square feet of
area and would be 1310 with the proposed change. The proposed home contains 12,700
square feet on three levels. Exhibit D is the applicant's request letter. Elevations of the
house and garage are shown on Exhibits E and F.
ANAL YSIS/RECOMMENDATION
Section 1201.03 Subd. 2.d.(4) of the Zoning Code sets forth criteria for granting
conditional use permits for accessory space over 1200 square feet. Following is how the
applicant's plans comply with the Code:
n
~., PRINTED ON RECYCLED PAPER
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Memorandum
Re: Larson, Dale - Conditional Use Permit
30 April 2004
a. The total area of acce~sory buildings (131 0 ~quare feet) does not exceed the floor
area (12,700 square feet) above grade of the proposed home.
b. The total area of accessory buildings does not exceed 10 percent of the minimum
lot size for the R.,WS zoning district (.10 x 40,000 = 4000 square feet).
c.The proposed house and garage comply withR-WS setback requirements. Also,
the accessory space occupies the same amount of space, whether or not it is part of
the house or the garage. Hardcover on the site wiJl be 2S percent, the limit for the
"S", Shoreland district.
d.
Since the new garage is an integral part of the proposed house, architectura1
compatibility is not considered to be an issue.
Based upon the preceding aIta\ysis, it is recommended that the sppJicanfS request for a
conditional use permit be granted as proposed.
Cc: Craig Dawson
Tim Keane
Mike Sharratt
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SITE LOCATION
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PROPERTY S
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TO:
City of Shorewood
FROM:
Mike Sharratt, Sharratt Design
On behalf of Dale Larson
DATE:
RE:
April 2, 2004
Conditional Use Permit Application for Garage Exceeding 1200 sJ,
PIN 31-117-23-34-0007 27980 Smithtown Road
.
Dale Larson is requesting a conditional use permit for a garage exceeding 1200 square
feet by 110 square feet. Currently the plans call for a wall with an entry way uniting this
110 square foot storage space with the house, thus classifying it as a part of the interior
and not subject to conditional use,
The additional square footage will be used for storage whether it is contained within the
interior of the home or open to the garage, Providing the wall to exclude the 110 square
feet from the garage would in no way change the roofline, exterior image, or massing of
the home; and the addition of an entry way from the garage to the interior of the home
begins to impede the access for a handicapped member of the family,
Due to the 129 degree angle of the lot, the placement of the home and its attached
garage on the site were also angled, Thus, the roofline and the exterior of the garage
have been designed to blend indistinguishably with the home, providing a sensitively
scaled approach to the property,
.
As there would be no exterior alteration to the building whether the wall and entry on the
interior of the garage are built or not, the applicant requests a conditional use permit to
exceed the garage by 110 square feet by excluding this interior separation wall,
Exhibit D
464 Second Street Suite 100 Excelsior, MN 55331 Phone: 95: APPLICANT'S REQUEST LETTER
Dated 2 April 2004
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BlJIL12ING ELEV AnON
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INO ELEVATION
st exposure
RESOLUTION NO.
~
CITY OF SHOREWOOD
A RESOLUTION GRANTING A CONDITIONAL USE PERMIT
FOR ADDITIONAL ACCESSORY SPACE
TO DALE LARSON
WHEREAS, Dale Larson (Applicant) is the owner of real property located at 5790
Christmas Lake Point, in the City of Shorewood, County of Hennepin, legally described in
Exhibit A, attached hereto and made a part hereof; and
WHEREAS, the Shorewood City Code requires a Conditional Use Permit for the
construction of accessory space exceeding 1200 square feet; and
.
WHEREAS, the Applicant has applied to the City for a Conditional Use Permit for
the construction of an attached garage which will have approximately 1638 square feet; and
WHEREAS, the Applicant's request was reviewed by the City Planner, and his
recommendations were duly set forth in a memorandum to the Planning Commission dated 30
April 2004, which memorandum is on file at City Hall; and
WHEREAS, after required notice, a public hearing was held and the application was
reviewed by the Planning Commission at their regular meeting on 4 May 2004, the minutes of
which meeting are on file at City Hall; and
.
WHEREAS, the Applicant's request was considered by the City Council at their
regular meeting on 24 May 2004, at which time the Planner's memorandum and the minutes of
the Planning Commission were reviewed and comments were heard by the Council from the
City staff.
NOW, THEREFORE, BE IT RESOL YED by the City Council of the City of
Shorewood as follows:
FINDINGS OF FACT
1. The total area of accessory space (1310 square feet) does not exceed the floor area
above grade of the principal structure (12,700 square feet on three levels).
2. The Applicant's lot contains approximately 44,170 square feet of area, and that the
total area of accessory space on the property will not exceed 10% of the minimum lot area for
the R-IA1S Zoning District in which it is located (4,000 square feet).
3. That design and materials of the garage are compatible with the architecturalccharacter of the existing home.
-1-
4. That the proposed garage complies with all setback requirements for the R-IA1S
District.
,t
CONCLUSION
1. That the application of Dale Larson for a Conditional Use Permit as set forth herein
above be and hereby is granted.
2. That this approval is subject to the following:
a. The proposed garage will be used strictly for purposes of a residential
nature.
b. The Applicant is hereby advised that the City Code provides specific
regulations relative to home occupations and any future use o( the
garage for other than allowable residential purposes would have to
comply with such regulations.
3. That the City Administrator/Clerk is hereby authorized and directed to provide .
a certified copy of this Resolution for filing with the Hennepin County Recorder or Registrar
of Titles.
ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 24th day of
May 2004.
WOODY LOVE, MAYOR
ATTEST:
.
CRAIG W. DAWSON, CITY CLERK/ADMINISTRATOR
-2-
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Exhibit A
"
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236
FAX (952) 474-0128 . www.cLshorewood.mn.us . cityhall@cLshorewood.mn.us
MEMORANDUM
TO:
Mayor and City Council
.
FROM:
Brad Nielsen
DATE:
20 May 2004
RE:
R-C, Residential-Commercial District Amendments
Proposed amendments to the R-C Zoning District are shown in italics on the attached draft of the
code. Also attached is a draft of the actual ordinance which amends that section of the City
Code. .
Cc: Craig Dawson
Tim Keane
.
n
,,~ PRINTED ON RECYCLED PAPER
#8.0.
1201.19:
-D-R-A-F- T -R-E- V -I-S-I-O-N-S-
R-C, RESIDENTIAL/COMMERCIAL DISTRICT:
Subd. 1. Purpose: The R-C District is intended for a gradual transition between
commercial and residential uses. More specifically, the R-C District is established
to buffer residential uses from adjacent high intensity use areas by permitting
residentially compatible service-oriented commercial uses and controlling those
uses which can be compatible with residential areas given adequate control.
Subd. 2. Permitted Uses: The following are permitted uses in an R-C District:
a. All uses permitted in Residential Districts R-IA through R-2B, except
single-family residential dwellings.
Subd. 3. Permitted Accessory Uses: The following are permitted accessory uses in an
R-C District:
.
a. All accessory uses allowed in the R-2B District.
b. Parking and loading facilities subject to the provisions of Section 201.03,
subdivision 5 and subdivision 6 of this Ordinance.
c. Signs, as regulated in Section 1201.03, subdivision 11 of this Ordinance.
Subd. 4. Conditional Uses: The following are conditional uses allowed in an R-C
District: (Requires a conditional use permit based upon procedures set forth in and
regulated by Section 1201.04 of this Ordinance.)
a. All conditional permitted uses, subject to the same conditions as allowed in the
R-2B District.
.
b. Conservatories, art or music studios, nurseries, and nurseries with garden
supply centers, provided that:
(1) Adequate off-street parking shall be provided in compliance with
Section 1201.03, subdivision 5g of this Ordinance.
(2) Vehicular access shall create a minimum of traffic conflicts.
(3) The use shall not have a predominant retail character.
(4) The site and related parking and service entrances shall be served by
an arterial or collector street of sufficient capacity to accommodate the traffic
which will be generated.
(5) When abutting an R-IA through R-2C Residential District, a buffer
area with screening and landscaping as provided in Section 1201.03, subdivision
2g ofthis Ordinance.
c. Professional and business offices, medical and dental offices, provided that:
(1) Adequate off-street parking shall be provided in compliance with
Section 1201.03, subdivision 5 of this Ordinance.
(2) Vehicular access shall create a minimum of traffic conflict.
(3) The site and related parking and service entrances shall be served by
an arterial or collector street of sufficient capacity to accommodate the traffic
which will be generated.
(4) When abutting an R-IA through R-2C Residential District, a buffer
area with screening and landscaping as provided in Section 1201.03, subdivision
2g of this Ordinance. (Ord. 180,5-19-86)
d. Residential or commercial planned unit development as regulated by Section
1201.06 of this Ordinance, provided that:
.
(1) Land uses allowed in a planned unit development are limited to those
land uses listed as permitted uses, permitted accessory uses and conditional uses
in this Section.
(2) The proposed development complies with the development agreement
as required for planned unit developments, pursuant to Section 1201.25 of this
Ordinance. (Ord. 208, 4-11-88)
e. Nursing homes as defined in Section 1201.02 of this Ordinance, provided that:
(1) Side yards are double the minimum requirements established for this
District and are screened in compliance with Section 1201.03 Subd. 2.g. of this
Code.
(2) The site shall be served by an arterial or collector street of sufficient
capacity to accommodate traffic which will be generated.
.
(3) All signing and informational or visual communication devices shall
be in compliance with Section 1201.03 Subd. 11. of this Code.
(4) All State laws and statutes governing such use are strictly adhered to
and all required permits are secured.
(5) Adequate off-street parking is provided in compliance with Section
1201.03 Subd. 5 of this Code.
(6) One off-street loading space in compliance with Section 1201.03 Subd.
6 of this Code is provided.
(7) The provisions of Section 1201.04 Subd. 4d(l) of this Code have been
considered and satisfactorily met. (Ord. 243, 9-9-91)
-2-
"I Daycarefacilities, as defined in Section 1201.02 Subd 4. of this Code,
senJing ten (10) or more persons, as a principal or accessory use, provided that:
(1) ThefacUity shall be licensed by the State ofMilmesota. No
certificate of occupancy shall be issuedfor a daycare facility until proof of
approved applicable State licenses has been provided to the Zoning
Administrator.
(2) All child daycare facilities shall have an outdoor activity area
complying with the following:
(a) The activity area shall be at least 1500 square feet in area, and at
least 75 square feet of area per child within the area at any given
time during use.
.
(b) The activity area shall be located within the buildable area of the lot.
(c) The activity area shall be screened and landscaped to buffer
neighboring residential uses.
(d) The activity area shall be enclosed to prevent children from leaving
the premises unattended
(3) Off-street parking must be provided in compliance with Section
1201.03 Subd 5. of this Code. The mlmber of parking spaces required for a
daycare facility shall be one (1) space for each four (4) persons of licensed
capacity.
.
(4) Adequate short-term parking or drop-off area shall be provided
within close proximity to the main entrance of the building. The short-term
parking or drop-off area shall accommodate three (3) car spaces and shall be
designated as temporary in nature. The short-term parking or drop-off area shall
not conflict with off-street parking access or pedestrian movement.
(5) When a daycare facility is an accessory use within a structure
containing another principal use, each use shall be calculated separately for
determining the total off-street parking spaces required
(6) Daycare facilities are limited to 4500 square feet in gross floor area.
(7) The structure in which the daycare facility is located shall comply
with all applicable building andfire codes.
(8) The provisions of Section 1201.04 Subdivision 1. (d)(1) of the this
Code must be considered and satisfactorily met. "
-3-
Subd. 5. Lot Requirements and Setbacks: The following minimum requirements shall be
observed In an R-C District subject to additional requirements, exceptions and
modifications set forth in this Ordinance:
a. Lot area:
(1) Two-family dwelling
(2) All other
b. Lot width
c. Lot depth
d. Setbacks:
(ll Front yard
(2 Rear yard
(3 Side yard
Not less than 20,000 square feet
Not less than 15,000 square feet
Not less than 100 feet
Not less than 120 feet
Not less than 35 feet
Not less than 40 feet
Not less than 15 feet on each side nor
less than 35 feet on a side yard abutting
a street
(4) Nonresidential use setback
from R District boundary
(5) Lakeshore
Not less than 25 feet
Not less than 100 feet
. Subd. 6. Building Requirements:
a. Height:.No structure shall exceed two and one-half (21/2) stories, or thirty-five
feet (351), whichever is least. .
Subd. 7. Lot Area Per Unit Requirement: Not less than ten thousand (10,000) square
feet.
Subd. 8. Special District Provisions:
a. Where a conditional use abuts an R-IA through R-2C District, buffer fences
aftEiIor planting screens shall be installed by the conditional use permit recipient
according to provisions of Section 1201.03, subdivision 2g of this Ordinance
should the Council determine that a need for a buffer exists.
b. Special use commercial activities shall be allowed to operate only between the
hours of eight o'clock (8:00) seven o'clock (7:00) A.M and nine o'clock (9:00)
P.M. in the R-C District. Occasional emergency dental service may occur outside
of normal business hours provided such sel1Jice does not adversely affect
surrounding residential uses.
.
c. All noise levels generated by activities' in the R-C District must conform to
State standards.
d. Signs shall comply with the requirements under Section 1201.03, subdivision
11 of this Ordinance, as well as the following additional provisions:
(1) Business signs shall be limited to a total surface area of thirty-six
(36) square feet per each building or iBdhridual business use property. Not more
than two (2) individual signs, including freestanding signs, may be displayed per
each priBcipal use property.
(2) llluminated signs shall not be permitted in the R-C District, except
that:
-4-
(a) Signs located at least 200 feetfrom a residential district boundary
may be illuminated
(b) Signs located nea1'er than 200 feet to a residential district boundary
may be illuminated, provided the sign is screened from view of
residential properties.
(c) In 110 case shall signs in the R-C District be illuminated between the
hours of9:00 P.M and 7:00 A.M
(d) All illuminated signs must comply with the provisions of Section
1201.03 Subd 2.1. of this Code.
(3) Freestanding signs not exceeding twenty (20) square feet and not
higher than five feet (5') shall be permitted in the R-C District.
.
e. Storage - Displays: With the exception of nursery stock, all materials, supplies,
merchandise or other similar matter not on display for direct sale, rental or lease
to the ultimate consumer or user shall be stored within a completely enclosed
building within the R-C District, or within the confines of one hundred percent
(100%) opaque wall or fence not less than five feet (5') high.
f. The City Council or its designated representative shall evaluate the design
elements of the conditional uses under the provisions of Section 1201.04 of this
Ordinance.
.
-5-
add:
.
.
CITY OF SHOREWOOD
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 1201.19 (R-C DISTRICT)
OF THE SHOREWOOD ZONING CODE
Section 1. Section 1201.19 Subd. 4. of the Shorewood City Code is hereby amended to
"f. Daycare facilities, as defined in Section 1201.02 Subd. 4. of this Code, serving ten
(10) or more persons, as a principal or accessory use, provided that:
(1) The facility shall be licensed by the State of Minnesota. No certificate of
occupancy shall be issued for a daycare facility until proof of approved applicable State
licenses has been provided to the Zoning Administrator.
(2) All child daycare facilities shall have an outdoor activity area complying
with the following:
(a) The activity area shall be at least 1500 square feet in area, and at least 75
square feet of area per child within the area at any given time during use.
(b) The activity area shall be located within the buildable area of the lot.
(c) The activity area shall be screened and landscaped to buffer neighboring
residential uses.
(d) The activity area shall be enclosed to prevent children from leaving the
premises unattended.
(3) Off-street parking must be provided in compliance with Section 1201.03
Subd. 5. ofthis Code. The number of parking spaces required for a daycare facility shall
be one (1) space for each four (4) persons oflicensed capacity.
(4) Adequate short-term parking or drop-off area shall be provided within close
proximity to the main entrance of the building. The short-term parking or drop-off area
shall accommodate three (3) car spaces and shall be designated as temporary in nature.
The short-term parking or drop-off area shall not conflict with off-street parking access or
pedestrian movement.
(5) When a daycare facility is an accessory use within a structure containing
another principal use, each use shall be calculated separately for determining the total off-
street parking spaces required.
(6) Daycare facilities are limited to 4500 square feet in gross floor area.
(7) The structure in which the daycare facility is located shall comply with all
applicable building and fire codes.
(8) The provisions of Section 1201.04 Subdivision 1.(d)(l) of the this Code must
be considered and satisfactorily met."
Section 2. Section 1201.19 Subd. 8.a. is hereby amended to read:
"a. Where a conditional use abuts and R-1A through R-2C District, buffer fences or
planting screens shall be installed by the conditional use permit recipient according
to provisions of Section 1201.03 Subd. 2.g. ofthis Code, should the Council
determine that a need for a buffer exists."
Section 3. Section 1201.19 Subd. 8.b. is hereby amended to read:
.
"b. Special use commercial activities shall be allowed to operate only between the hours
of seven o'clock (7:00) A.M. and nine o'clock (9:00) P.M. in the R-C District.
Occasional emergency dental service may occur outside of normal business hours
provided such service does not adversely affect surrounding residential uses."
Section 4. Section 1201.19 Subd. 8.d.(1) is hereby amended to read:
"(1) Business signs shall be limited to a total surface area of thirty-six (36)
square feet per property. Not more than two (2) individual signs, including
freestanding signs, may be displayed per property."
Section 5. Section 1201.19 Subd. 8.d.(2) is hereby amended to read:
.
"(2) Illuminated signs shall not be permitted in the R-C District, except that:
(a) Signs located at least 200 feet from a residential district boundary may be
illuminated.
(b) Signs located nearer than 200 feet to a residential district boundary may be
illuminated, provided the sign is screened from view of residential
properties.
(c) In no case shall signs in the R-C District be illuminated between the hours
of9:00 P.M. and 7:00 A.M.
(d) All illuminated signs must comply with the provisions of Section 1201.03
Subd. 2.i. of this Code."
-4 .
.
.
Section 6. This Ordinance shall be in full force and effect upon publishing in the Official
Newspaper of the City of Shorewood.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 24th day of
May 2004.
WOODY LOVE, MAYOR
ATTEST:
CRAIG W. DAWSON, CITY ADMINISTRATOR/CLERK
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236
FAX (952) 474-0128' www.cLshorewood.mn.us' cityhall@cLshorewood.mn.us
MEMORANDUM
TO:
Planning Commission, Mayor and City Council
FROM:
Brad Nielsen
.
DATE:
20 May 2004
RE:
Bosworth P.D.D. - Final Plan (Revised)
FILE NO.
405(03.36)
Kelly Bosworth has submitted final plans for his office site P .D.D. Early on in the
review process, staff prepared a draft development agreement to illustrate how
various elements of the project and property would be regulated. Based on the plans
submitted to date, a third/final draft of the development agreement is attached for
your review. In addition the following items remain to. be addressed:
.
. A final tabulation of impervious surface to lot area ration, verifying that the
project will not exceed 66 percent hardcover Done.
. The landscape plans must be signed by a registered landscape architect
. The developer must submit a construction schedule (i.e. site work, buildings,
parking lot, landscaping, etc) Done.
. The developer must submit bids, or estimates prepared by his engineer and
landscape .architect for the costs of the required improvements (e__g. -
landscaping, paving and striping)
. The landscape plan should indicate how the northerly lot will be restored after
rough grading .
. Protective covenants, drafted by the applicant's attorney must address the
following: .
-joint use and maintenance of the common driveway and any shared
parking
-architectural standards for the second building
-name of the atto;rney preparing the document
-include City of Shorewood as a signatory
Cc:
Craig Dawson Tim Keane Larry Brown Kelly Bosworth Mark Kaltsas
ft
\.~ PRINTED ON RECYCLED PAPER
#8.E
.
-T-lf-I-Ft-D---D-Ft-A-F-T-
CITY OF SHOREWOOD
PLANNED UNIT DEVELOPMENT AGREEMENT
DR. KELLY BOSWORTH
THIS AGREEMENT, made this day of , 2004, by and between the
CITY OF SlfOFtEWOOD, a Minnesota municipal corporation (hereinafter the "City"), and DR
KELLY BOSWOFtTlf, (hereinafter the "Developer").
WHEREAS, the Developer has an interest in certain lands located at 6120 and 6140
Lake Linden Drive, legally described in Exhibit A, attached hereto and made a part hereof
(hereinafter the "Subject Property"); and
.
WHEREAS, the Developer proposes to redevelop the Subject Property with a renovated
and expanded office building at 6140 Lake Linden Drive and future construction of a new office
building at 6120 Lake Linden Drive (collectively the "Project"); and
WHEREAS, the Developer has made application for a rezoning of the Subject Property
from Ft-C, Ftesidential Commercial to P.U.D., Planned Unit Development District (the
"Application") with the Zoning Administrator and submitted plans for the redevelopment of the
Subject Property, the Concept Plan for which was considered by the Shorewood Planning
Commission at its meetings of 6 January, and 9 March 2004, and at a meeting of the City
Council on 23 March 2004, the minutes of which meetings are on file in the Shorewood City
Offices; and
WHEREAS, the Developer submitted Development Stage Plans that were considered by
the Planning Commission at its meeting of6 April 2004, and by the City Council at its 12 April
2004, the minutes of which meetings are on file in the Shorewood City Offices; and
.
WHEREAS, upon recommendation of the Planning Commission, the City Council did
consider and grant approval of the Application as set forth in the minutes of the Planning
Commission meeting~ dated 6 April 2004; an excerpt of which is attached hereto as Exhibit B
and made a part hereof; and
NOW, THEREFORE, in consideration of the mutual covenants and guarantees
contained herein, the parties hereto agree as follows:
CONDITIONS OF APPROVAL
1. Land Use. The Developer and his successors and assigns shall comply with the
conditions of approval as adopted by the City Council and set forth in the Planning
Commission's recommendation, attached hereto as Exhibit B,. In addition, development ofthe
Project is subject to the zoning requirements ofthe Ft-C, Ftesidential/Commercial District, as
may be amended and as modified below:
a. Nurseries and nurseries with garden supply centers are excluded as uses for the
Subject Property.
b. I>aycare centers serving more than ten (10) persons are allowed by conditional use
permit, provided that:
(1) The center shall be licensed by the State of Minnesota. No certificate of
occupancy shall be issued for a daycare center until proof of approved
applicable State licenses has been provided to the Zoning i\dministrator.
(2) The center shall have an outdoor activity area complying with the following:
(a) 1Lhe activity area shall be at least 1500 square feet in area, and at least 75
square feet of area per child within the area at any given time during use.
. (b) The activity area shall be located within the buildable area of the lot.
(c) 1Lhe activity area shall be screened and landscaped to buffer neighboring
residential uses.
(d) 1Lhe activity area shall be enclosed to prevent children from leaving the
premises unattended.
(3) Off-street parking must be provided in compliance with Section 1201.03
Subd. 5. of the Shorewood Zoning Code. 1Lhe number of parking spaces
required for a daycare center shall be one (1) space for each four (4) persons
of licensed capacity.
(4) i\dequate short-term parking or drop-off area shall be provided within close
proximity to the main entrance of the building. 1Lhe short-term parking or
. drop-off area shall accommodate three (3) car spaces and shall be designated
as temporary in nature. 1Lhe short-term parking or drop-off area shall not
conflict with off-street parking access or pedestrian movement.
(5) When a daycare center is an accessory use within a structure containing
another principal use, each use shall be calculated separately for determining
the total off-street parking spaces required.
(6) I>aycare centers are limited to 4500 square feet in gross floor area.
(7) 1Lhe structure in which the daycare center shall comply with all applicable
building and fire codes.
(8) 1Lhe provisions of Section 1201.04 Subdivision 1.(d)(I) of the Shorewood
Zoning Code must be considered and satisfactorily met.
c. I>ay spas providing an array of health and welIness programs and treatments for
individuals, are allowed by conditional use permit, provided that:
2.
(1) Day spas, whether as principal or accessory uses shall not exceed 5000 square
feet in area.
(2) Services provided may include various types of therapeutic massage and body
work, facials and other skin-care services, reflexology, pedicures, manicures,
hydrotherapy, exfoliation, aromatherapy, acupuncture, waxing, tanning,
electric toning, electrolysis, steam and sauna facilities, nutrition and weight
management, and the like, but not including body piercing or tattooing.
(3) Cosmetology services such as hair cutting, coloring and styling shall be
incidental to the services listed in (2) above and shall be limited to four (4)
chairs or stations. Similarly, nail services shall be limited to four (4) chairs or
stations. Tanning facilities shall be limited to two (2) tanning beds or stations.
.
(4) Off-street parking must be provided in compliance with Section 1201.03
Subd. 5. of the Shorewood Zoning Code. The number of parking spaces
required for a day spa shall be one (1) space for each 200 square feet of net
floor area (gross floor area minus 10 percent). Area devoted to cosmetology
services listed in (3) above shall be calculated based on two (2) parking spaces
for each chair or station.
(5) Heating, ventilating and air conditioning equipment must be designed to
prevent chemical odors from reaching nearby residential properties.
(6) The provisions of Section 1201.04 Subdivision 1.(d)(l) ofthe Shorewood
Zoning Code must be considered and satisfactorily met.
.
2. Site Plan/Building Setbacks. The Project shall be developed in accordance with the
approved site plan as shown on Exhibit C, attached hereto and made a part hereof. The Subject
Property shall be accessed by a single driveway from Lake Linden Drive. The site plan for the
future office building at 6140 shall be subject to review by the Planning Commission and
approval of the City Council. Building setbacks shall be as follows:
a. Front: 35 feet
b. Rear: 40 feetSide: 15 feet
c. Setback from "R" District boundary: 40 feet
3. Building Height/Construction. Principal structures shall not exceed two and one-
half (2 ~) stories or 35 feet, whichever is least. Construction ofthe office building at 6140 Lake
Linden Drive shall be in accordance with the approved design as shown on Exhibit D.
Construction of the future office building at 6120 Lake Linden Drive shall be consistent with the
character and quality of the design shown on Exhibit D. The base of the future building shall be
constructed of brick or stone and shall be landscaped to minimize the visual height of the
building. Plans for construction ofthe future office building shall be subject to review by the
Planning Commission and approval of the City Council.
3.
4. Protective Covenants. The Developer shall provide protective covenants and
restrictions to be recorded against the Subject Property. The covenants and restrictions for the
property shall include provisions for signage, hours of business operation, lighting, building
design, landscaping, and other conditions placed on the property pursuant to the City's approval
of the final plan for the Project. The City shall be a signatory to the covenants and restrictions.
5. Intent. It is the intent of this agreement to both limit and define the permitted uses
of the Subject Property, and any changes in the uses of the property from that set forth herein
shall require the approval of all parties to this agreement. Any requirement not addressed in this
agreement shall be subject to the provisions of the R-C, Residential/Commercial zoning district.
6. Improvements. Developer agrees at its expense to construct, install and perform all
work and furnish all materials and equipment in connection with the installation of the following
improvements:
a. Parking lot grading, bituminous surfacing, perimeter concrete curbing, and striping;
.
b. Required landscaping and landscape buffering;
c. Storm sewer, surface water drainage and stormwater treatment facilities;
d. Sanitary sewer connections;
e. Municipal water service connections;
(hereinafter the Private Improvements),
consistent with the plans and specifications prepared by: I)Gronberg and Associates, Inc., dated
2 March 2004, incorporated by reference herein; and 2)MK Land Corporation, dated 10 April
2004, attached hereto as Exhibit E, and made a part hereof, all subject to approval by the City
Engineer and Planning Director.
.
7. Signage. - All signs to be erected on the property shall comply with the
requirements of the R-C, Residential Commercial zoning district, except that the Developer may
allow the freestanding sign on 6140 Lake Linden Drive to be larger than 20 square feet. The
freestanding sign on 6120 Lake Linden shall be correspondingly smaller. In addition, where
individual tenants have their own primary entrance to the building, one business sign, not
exceeding three square feet, shall be allowed to identify the entrance. The individual entrance
signs shall not be counted against the total allowable signage. All signs shall be subject to
approval by the Shorewood City Council.
8. Pre-construction Meeting - 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.
9. Standards of Construction - Developer agrees that all of the improvements set forth
in paragraph 6 above, shall equal or exceed City standards, shall be constructed and installed in
accordance with plans and specifications approved by the City Engineer and the requirements of
4.
applicable City ordinances and standards, and that all of said work shall be subject to final
inspection and approval by the City Engineer or his designee.
10. Materials and Labor - All of the materials to be employed in the making of said
improvements and all ofthe 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 inspection and approval of the City. In case any materials or labor supplied shall be
rejected by the City as defective or unsuitable, 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.
.
11. Schedule 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 6 shall be
performed to be completed by 1 July 2005. 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 specifieq for completion.
12. Easements - Developer, at its expense, shall acquire all easements 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.
13. Traffic Control Signs - Developer, at its expense, shall provide standard traffic
control signs in accordance with the Minnesota Manual on Uniform Traffic Control Devices, and
as directed by the City Engineer.
.
14. Occupancy Permits - The City shall not issue a certificate of occupancy until all
Improvements set forth in paragraph 6 are completed and approved by the Planning Director and
the City Engineer. A certificate of occupancy will not be withheld if site and parking lot
landscaping have not been completed due to weather. All such landscaping shall be completed
no later than 1 July 2005.
15. Final Inspection - At the written request of the Developer, and upon completion of
the Improvements set forth in paragraph 6 above, the City Engineer, the contractor, and the
Developer's engineer will make a fmal inspection of the work. When the City Engineer is
satisfied that all work is completed in accordance with the approved plans and specifications, and
the Developer's engineer has submitted a written statement attesting to same, the City Engineer
shall recommend that the improvements be accepted by the City.
16. Restoration of Streets. Public Facilities and Private 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.
17. Reimbursement of Costs - The Developer shall reimburse the City for all costs,
including reasonable engineering, resident inspection, legal, planning and administrative
expenses incurred by the City in connection with all matters relating to the administration and
5.
enforcement ofthis 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 26 below.
18. Surety for Improvements - Deposit or Letter of Credit.
.
a. Landscaping. The landscape improvements set forth in paragraph 6, shall be
constructed, installed and furnished according to the terms ofthis Agreement. To
ensure that the Developer completes said landscaping, the Developer agrees to
furnish to the City either a cash deposit, certificate of deposit or an irrevocable letter
of credit approved by the City in an amount equal to 150% of the total cost of said
landscaping estimated by the Developer's Landscape Architect and approved by the
Planning Director. Said deposits or letter of credit shall remain in effect for a
period of two growing seasons following completion of the landscaping. The
deposits or letter of credit may be reduced in an amount in the discretion of the City
upon approval by the City ofthe partially completed landscaping, but in no event
shall the deposits or letter of credit be reduced to an amount less than 100% of the
cost of the landscaping.
.
b. Private Improvements. The Developer shall provide a letter of credit, certificate of
deposit or cash deposit in an amount equal to 25% of the total cost of the Private
Improvements estimated by the Developer's Engineer and approved by the City
Engineer. This letter of credit, certificate of deposit or cash deposit shall serve as a
financial surety for site restoration in the event the work on the Private
Improvements has been abandoned for more than 180 days. The letter of credit or
cash deposit may be reduced in an amount approved by the City Engineer upon
approval by the City of the partially completed Private Improvements.
19. Insurance - 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 their 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 6 above, the
Developer shall file with the City a certificate of such insurance as will protect the Developer,
his contractors and subcontractors from claims arising under the workers' compensation laws of
the State of Minnesota.
20. Laws. Ordinances. Regulations and Permits - Developer shall comply with all laws,
ordinances, and regulations of all regulatory bodies having jurisdiction of the Subject Property
and shall secure all permits that may be required by the City of Shorewood, the State of
Minnesota, the Minnehaha Creek Watershed District, and the Metropolitan Waste Control
Commission before commencing development of the Project.
6.
21. Local Sanitary Sewer Access Charges. Prior to construction of the first building,
Developer agrees to pay to the City local sanitary sewer access charges (LSSAC) for one
residential equivalent unit (RED) in the amount of$1200. Credit has been given for the land
with the existing structure on it. Prior to construction of the second building, the Developer
agrees to pay LSSAC for two RED's at the rate in effect at the time the building permit is
approved.
.
22. Stormwater Drainage and Treatment System. Developer has proposed to construct
and maintain a stormwater drainage and treatment system as a condition of approval of the
Project. Developer agrees, for the life of this Agreement, to maintain the drainage system in
compliance with City and Minnehaha Creek Watershed District requirements. Prior to issuance
of a Certificate of Occupancy, developer will provide to the City Engineer a reference manual
maintenance plan (the "Manual"). In the event the Developer fails to maintain the drainage
system on a timely basis, the City may provide written notice of default to the Developer of any
performance deficiency. Failure of the Developer to correct such deficiencies within 20 days of
notice shall result in the City contracting the work to be done and assessing the Subject Property
accordingly. The Developer hereby waives the right to appeal said assessment.
23. Hours of Construction/Business.
a. Construction Hours. Developer acknowledges no equipment, construction traffic or
other construction activity will take place except during the following hours:
Weekdays, 7:00 a.m. to 7:00 p.m. and
Saturdays, 8:00 a.m. to 6:00 p.m.
b.
Business Hours. Business activities shall be allowed only between the hours of
7:00 A.M. and 9:00 P.M., except that occasional emergency dental service may
occur outside of normal business hours, provided such service does not adversely
affect surrounding residential uses.
.
Lights inside the building and parking lot lights shall be turned off between the
hours of9:30 P.M. and 6:30 A.M. Minimal security lighting may remain on during
that time, provided such lighting does not adversely affect surrounding residential
uses.
24. Landscaping and Landscape Buffering. Developer agrees to construct and install
not later than 1 July 2005, all landscaping and landscape buffering pursuant to the plans and
specifications prepared by MK Land Corporation, dated 10 April 2004, attached hereto as
Exhibit E. Developer acknowledges its ongoing obligation to maintain aU landscaping in good
condition. Developer agrees to replace all landscape stock on the Subject Property that dies or
falls into such condition as to require replacement.
25. Park Fund Payment Developer shall, prior to construction of the first building,
make a cash payment to the City for one Residential Equivalent Dnit (RED) in the sum of $1500
for the Park Fund. Credit has been given for the land with the existing structure on it.
7.
26. On-Site Parking Parking for the Subject Property shall be paved, curbed, striped
and maintained as depicted on Exhibit C.
27. 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:
Planning Director
CITY OF SHOREWOOD
5755 Country Club Road
Shorewood, Minnesota 55331
Ph: (952)474-3236
.
With a Copy to:
Shorewood City Attorney
c/o LEONARD, STREEET & DIENARD
150 South Fifth Street, Suite 2300
Minneapolis, Minnesota 55402
(612)335-1500
To the Developer:
Dr. Kelly Bosworth
Ph: <--J
.
28. Proof of Title - Developer shall furnish a title opinion or title insurance commitment
addressed to the City guaranteeing 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 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, 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.
29. Indemnification - 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 observation
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 of this Agreement or the performance and completion of the
work and Improvements hereunder.
8.
.
.
30. Declaration of Covenants. Conditions and Restrictions - Developer shall provide a
copy of any Declaration of Covenants, Conditions and Restrictions to be recorded against the
Subject Property.
31. Remedies Upon Default -
a. Certificate of Occupancy. Subject to the provisions of paragraph 13, the City may
withhold the issuance of the fmal certificate of occupancy for the Project if the
Developer causes or fails to cure any of the following: a) a material breach of a
term of this Agreement; or b) failure to pay the City outstanding expenses incurred
by the City in the administration of the Project including, but not limited to
reasonable engineering, inspection, legal and planning expenses.
b. Failure to Complete Improvements. 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 6 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. 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.
c. Performance Guaranty. 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:
(1) The cost of completing the construction of the improvements described in
paragraph 6 above.
(2) The cost of curing any other default by the Developer in the performance of
any of the covenants and agreements contained herein.
(3) The cost of reasonable engineering, legal and administrative expenses
incurred by the City in enforcing and administering this Agreement.
d. Ongoing Performance. 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 project.
32. Headings 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.
9.
.
.
33. Severability - 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.
34. Execution of Counterparts - 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. .
35. Construction - This Agreement shall be construed in accordance with the laws of
the State of Minnesota.
36. Successors and Assigns - It is agreed by and between the parties hereto that the
Agreement herein contained shall be binding upon and inure to the benefit of their respective
legal representatives, successors, and assigns.
10.
.
.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed
on the day and year first above written.
DEVELOPER
CITY OF SHOREWOOD
By:
Dr. Kelly Bosworth
By:
Its: Mayor
ATTEST:
By:
Its: 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 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 )
On this day of , 2004, before me, within and for said County,
personally appeared Dr. Kelly Bosworth, the Developer, described in and who executed the
foregoing instrument and acknowledged that it executed the same as its free act and deed.
Notary Public
11.
.
.
THIS INSTRUMENT WAS DRAFfED BY:
The Shorewood Planning Department
EDITED BY:
Leonard, Street & Dienard.
150 South Fifth Street, Suite 2300
Minneapolis, Minnesota 55402
(TJK)
12.
LEGAL DESCRIPTION. OF PREMISES
.
Parcel 1. The South 130 feet of the North 295 feet
of Lots 16 and 1B as rreasured at right angles to the
North I ine..of sa.i~ Lot 18, Linden Park, Hennepin ~ounty,
Minnesota, according to the recorded plat thereo.f.
Parcel 2. The North 165 feet of Lot 18, linden Park,
Hennepin County, Minnesota, according to the recorded
plat thereof.
.
EmmrtA
.
.
PLANNING COMMISSION MEETING MINUTES
April 6, 2004
Page 4 of 9
The property was zoned R-IA1S, Single-Family ResidentiallShoreland and contained 28,755 square feet
of area. The easterly 95 feet of the flag-shaped lot was approximately 203 feet wide with the westerly
313 feet extending to Lake Minnetonka being only 34 feet in width. The property was occupied by the
applicant's home and a detached garage.
The applicants proposed to build a 922 square-foot addition on the rear side of the house, and the
proposed addition would encroach into the required front yard setback by approximately 17 feet. The
proposed patio on the south side of the addition was approximately the same size as the addition.
Director Nielsen went on to explain the applicant's request letter submitted to the Commission had set
forth a very good case for a variance. Due to the home being entirely outside the buildable area of the lot,
there was simply no way to add on to the existing home without some sort of variance. He noted there
was an additional mitigating factor not mentioned in the applicant's letter. The right-of-way for
Woodside Road was 66 feet wide instead of the standard 50 feet required by City Code. This combined
with the traveled surface of the street being offset to the east, resulted in more apparent green space than
there would be if the road were centered in a narrower right-of-way. He also noted the City had granted
similar variances under similar conditions, and the request was considered to be consistent with the
criteria for granting variances. He recommended that, as part of any approval, the City should require the
applicant to prepare a landscape plan showing some evergreen trees between the northeast corner of the
addition and the northeast corner of the lot. At present, existing landscaping was somewhat sparse in this
area, and this action would help to diminish the appearance of the addition as viewed from the north.
Robert Hensley, 28110 Woodside Road, thanked the Commission for its time spent reviewing this case.
He stated he had tried very hard to put the best application forward. He noted the house was originally a
carriage house built in 1910, and great care had been taken to make the proposed plans for the addition
consistent with the existing structure and surrounding neighborhood. He stated he had worked the
neighbors and City Staff throughout this process and he thanked the neighbors that had expressed support
for the project through letters. He respectfully requested the Commission grant approval for his request.
Chair Bailey closed the Public Testimony portion of the public Hearing at 8:03 P.M.
Chair Bailey stated this request was consistent with other requests in working to provide an addition
toward the buildable area of the lot. He also entered two letters of support, from the Robinsons and the
Leavenworth's, into record.
Gagne moved, Packard seconded, Recommending Approval of a Setback Variance, including Staff
recommendations, for Robert and Lindy Hensley, 28110 Woodside Road. Motion passed 6/0.
Chair Bailey closed the Public Hearing at 8:08 P.M.
3. DEVELOPMENT STAGE PLANS - BOSWORm P.U.D.
Annlicant: Dr. Kelly Bosworth
Location: 6120 and 6140 Lake Linden Drive
Commissioner Borkon arrived at 8:09 P.M.
Director Nielsen explained the applicant had submitted development stage plans for his project at 6120
and 6140 Lake Linden Drive. While the plan had undergone several revisions, the following included a
summary of how these plans conformed to the Concept Stage Plan and City Code.
1. The site plan was consistent with the approved concept plan. It should be noted that parking had
been proposed anticipating full use of the first building as office space, even though Dr. Bosworth
Exhibit B
.
.
PLANNING COMMISSION MEETING MINUTES
April 6, 2004
Page 5 of9
had expressed a desire to have indoor parking initially. The final building plans must detail this
parking area and demonstrate that llQ. required parking will be lost in providing access to the
garage spaces. For example, if 3-4 designated spaces were necessary to get in and out of the
garage spaces, then the garage must accommodate at least 3-4 cars.
Director Nielsen explained the applicant objected to the parking recommendation for some of the day
spa activities as he believed that two spaces per station for hair and nails was excessive. Staff stood
by its original recommendation.
2.
Site grading had been shown for both lots. A question remained as to how much of the northerly
lot would be graded as part of the first phase of the project. Director Nielsen explained it would
be wise to at least rough-grade the northerly lot now in order to minimize disruption of the first
site when the second site was developed, especially since there was only one driveway to both
sites. The grading plan should include grading limits, which should also be illustrated on a tree
preservation plan.
3.
The applicant had submitted drainage calculations that were being analyzed by the City Engineer.
As mentioned in the concept stage review, the majority of site drainage would be conducted to
two drainage ponds and ultimately directed south away from the surrounding residential
properties. One issue raised by the Council was how roof drainage from the northerly building
would be handled. The applicant should indicate how drainage from roof gutters on the north
side of the building would be brought to the south. The City Engineer should also comment on
how this drainage related to the site grading and retaining walls on the north side of the site. The
plans should also indicate how the westerly pond can be accessed for maintenance.
4.
Although much of the vegetation was considered somewhat "scrubby", its removal was going to
be noticeable to adjoining residents. Landscaping and screening for the first building was quite
adequate, especially with the fence along the south and west edge of the proposed pond and also
the detached garage. The northerly building remained cause for concern. It was anticipated that
at least half of the existing vegetation in the 40-foot setback area would have to be removed for
site work and construction. No landscaping was shown for the areas to the west and north of the
future building. The north side posed a landscaping challenge, since the future building would
shade it. The applicant's landscape architect should provide more detail on how this area will be
treated. The landscape plans should also address irrigation. Additional detail should be provided
for the foundation planting on the first building.
5. The applicant's proposed signage was addressed. There was no indication, however, as to where
on the site plan the sign would be located. Ideally, this would be indicated on the landscape plan.
To clarify the applicant's inquiry regarding the amount of signage, the total allowable area for the
two sites was 72 square feet, forty of which can be used for one or two freestanding signs. It was
not recommended that more than two wall signs be placed on the each of the buildings. The
applicant should be aware that the "tooth" on the chimney on the south side of the building
counted as signage.
6. The applicant requested the limit on daycare space be increased to 5000 square feet instead of
4500. Again, in trying to equate this use with uses already allowed in the R-C district, staff stood
by its original recommendation.
7. The applicant asked that park dedication and local sanitary sewer charges for the future building
be paid at the time the second building was constructed. This could be incorporated into the
development agreement.
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.
.
PLANNING COMMISSION MEETING MINUTES
April 6, 2004
Page 6 of9
8. The applicant proposed "shoebox" light fixtures which produced a downcast light. The final
plans for the P.D.D. should include a photometric plan demonstrating that lighting would not
exceed City standards. The plan should include provisions for timing the lights to go out after
9:15 P.M. and not to come on until 7:00 A.M. The plans should also indicate what, if any
security lighting would be proposed.
9. The plans did not address trash receptacles or H.V.A.C. equipment. These items should be
included on the final plans.
Dr. Kelly Bosworth, applicant, stated he did not wish to see this item continued if possible, in effort to
allow construction to begin this year on the project. He stated he thought the additional parking
restriction was not needed in this case as the parking for employees would pose no problem. He stated
parking issues limited the potential size of office space allowable for lease and he wanted to retain
maximum space for leasing purposes. He requested the day care be allowed to remain at 5,000 square
feet as it would be difficult to lease out any difference in space for the building. He also stated the trash
receptacles would be enclosed in either a wooden or brick enclosure in the southwestern portion of the
parking lot.
Mark Kaltsas, consultant for the applicant, stated he believed many of the issues were close to resolution
through detail, and he noted the progress of the submitted plans had come a great distance since the
inception of the project. He noted the entire site would be rough graded, with grading limits and tree
preservation efforts demonstrated. He also noted a tree preservation plan would be submitted as part of
the final development stage plans. He also noted the northerly portion of the site would be difficult to
work with as extensive shading would take place due to the building. He also noted the proposed tree
plan showed trees exceeding the minimum standards for trees. Pond access would be kept available
through the landscaping efforts. Existing signage on the site would meet the minimum requirements of
current sign. Mr. Kaltsas stated the size of the building was limited by the parking stalls needed and was
set forth in the development agreement. He further stated a photometric plan had been submitted.
Discussion ensued regarding parking issues, signage, and landscaping efforts. Director Nielsen noted it
seemed as though the Commission was comfortable with Staff recommendations, however, he also
wanted to add the recommendations that the landscaping on the westerly side of the parking lot be
finished as part of the first phase of the project. Also, he recommended the tree preservation plan be
enacted through staking the comers of the building as well as the construction limits for the project.
Further discussion ensued regarding the use of logos, such as a tooth, being displayed as signage.
Borkon moved, Gagne seconded, Recommending Approval of the Development Stage Plans, subject
to Staff Recommendations, including the addition of completion of the landscaping along the west
side of the parking lot, and the final plan be brought back to the Planning Commission prior to
being reviewed by Council. Motion passed 7/0.
Chair Bailey recessed the meeting at 9: 15 P.M., and reconvened the meeting by gavel at 9:24 P.M.
4. 7:45 P.M. PUBLIC HEARING - SETBACK VARIANCE
Auulicant: James and Katherine Sedesky
Location: 21040 Ivy Lane
Director Nielsen explained the applicants owned the property at 21040 Ivy Lane that was located in the
R-ID, Single-Family Residential zoning district and contained approximately 16,331 square feet of area.
The lot was technically a comer lot, having frontages on Ivy Lane and a fire lane originally platted as
Glen Grove Path. Mr. Sedesky had applied for a setback variance to build a deck on the rear side of his
5")
PROPOSED SITE PLAN &. CERTIFICATE OF SURVEY FOR
KELLY BOSWORTH
IN LOTS 16 &. 18, LINDEN PARK
HENNEPIN COUNTY, MINNESOTA
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Parcell. The South 130 feet of the North 195 feet
of Lots 16 and 18 os measured at rightangles to the
North line of sold Lot 18. Linden parkl Hennepin County.
Minnesota, according to the recordedp at thereof.
Parcel 1. The North 165 feet of Lot 18 Linden Park,
Hennepin County, Minnesota, according to the recorded
plat thereof. '
0: denotes Iron marker
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Bearing. shown are based upon an assumed datun.
This survey Intends to show the boundaries of the above
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and the propsoed location of a proposed addition and
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NOTE: EXIST1NG PARKtlG - 11+- STALLS
PROPOSED pARKINC - 95+- STALLS
EXISTlIlG BLDG-II.094+- $.F. x 9~9985: 99851100-50 SPACES REQURED
PROPOSED BLDG-l0,OOO+- $.F. x 90X-90OD: 9000/200-45 SPACES REQUIRED
95
NOTE: USE EXISTING UTILITIES FOR THE EXISTING BULDING AND ADDITION
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TO:
FROM:
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
City Council
Liquor Committee and Staff
.
DATE: May 20,2004
. SUBJECT: Authorize Consulting Services for Liquor System Study
The 2004 Liquor Enterprise Budget makes $20,000 available for consulting services. At the time the
budget was proposed, the matter to be analyzed was the feasibility of opening a third store in the
system. When the City was managing the Tonka Bay Liquor store, it had a three-store system. After
Liquor Committee discussion, it appeared to be more prudent to do an analysis of the City's entire
system and determine what could be would be the optimal arrangement of stores.
In early April, staff issued a Request for Proposals (RFP), and stated that the goal of the consultant's
analysis would be to address the following:
i)
. ii)
iii)
iv)
v)
An analysis of the optimum number of stores that can be supported in the current market
and, further, how many stores Shorewood should have in that market.
Whether an additional store in Shorewood can be supported, and if so, an analysis of
location.
Whattype of store should be considered or what market should each of these stores be
designed to serve.
What would be the appropriate timeframe for establishment of a new store.
If a decision were made to retain the Waterford store, what types of improvements would
be recommended.
Two firms responded to the RFP. Staff interviewed Dakota Worldwide, Inc., and Springsted, Inc., on
May 6. The Liquor Committee considered staff's report and recommendation at its meeting on May
10, and directed further conversations with the fIrms about their willingness to accept a novel
approach.
ft
~., PRINTED ON RECYCLED PAPER
~9^
Authorization for Consulting Services, Liquor Enterprise
May 24, 2004, City Council Meeting
Page Two
The Proposals: Dakota Worldwide is a market analysis fIrm that has done work for several large,
well-known retailers. Its emphasis is highly quantitative, with a strong influence from economic
geography. It believes the numbers generated by its modeling pretty much speak for themselves.
Springsted, Inc., the City's fInancial advisor fIrm, has served local government clients for decades in
fInance, and has been developing a management services division over the past decade or so. It is
familiar with the local government decision-making environment. Compared to Dakota Worldwide,
Springsted brings a more qualitative analysis to its work.
Staff AnaIvsis: The quantitative analysis proposed by Dakota Worldwide appears to be a better
approach to help the City establish its position in the market. Dakota Worldwide is capable of doing
an analysis of the viability of a store at specifIc locations. In addition, its market comparisons to
position and improve the Waterford store appeared to be superior to Springsted's.
.
This quantitative approach is a more economical way to provide guidance. Dakota Worldwide's
estimated fee -- $7,000 plus expenses - would provide better value than Springsted's ($12,800 plus
expenses) for a clear-cut answer.
Further, if Dakota Worldwide's quantitative analysis resulted in a neutral or positive recommendation
to add a third store, it would be prudent to have a second, and qualitative review by Springsted.
Adding a third store would also entail fInancing, for which we would expect to engage Springsted.
Given a fund balance of $247,000 for Store No.3, it is important that a thorough analysis be
conducted to guide the City on how to use these funds.
Consultant Responses: Staffhas contacted both fIrms, and they are agreeable to this approach to
use the services of both fIrms as may be necessary.
RECOMMENDATION:
.
The Liquor Committee and staff recommend that the City Council authorize the services of
Dakota Worldwide, Inc., per its proposal of April 8, 2004. We also recommend tkat
Springsted, Inc., be informed that the City will engage its services, at fees to be agr~ at a later
date, if the City determines that it would be prudent to do so after deciding a cours, of action
based on the report by Dakota Worldwide.
.
.
SHOREWOOD PARKS FOUNDATION
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council
Shorewood Parks Foundation
May 20, 2004
Nomination to Board of Directors
The by-laws of the Shorewood Parks Foundation provide that the Board of Directors nominates
candidates to serve on the Board, and that the City Council affirms the appointments. The Board may
have between seven and nine Directors. With the amendments to the By-laws approved by the City
Council on May 10, 2004, there is no longer a requirement that one position on the Board of
Directors be filled by a member of the City's Park Commission.
The Board of Directors currently has eight members. At its meeting on May 19, 2004, the Board
nominated Paula Callies to serve in the remaining Director position. This position would run through
February 28,2007, in order to balance the staggering of terms.
RECOMMENDATION:
The Board of Directors of the Shorewood Parks Foundation nominates Paula Callies to serve as
director through February 28,2007. .
With these terms of office, there would be three directors' terms expiring February 28,2005; three
terms expiring February 28, 2006; and three terms expiring February 28,2007.
1P- qB
.
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236
FAX (952) 474-0128 . www.cLshorewood.mn.us' cityhall@cLshorewood.mn.us
MEMORANDUM
.
DATE:
Mayor and City Council
Craig Dawson, City Administrator
Larry Brown, Director of Public Works II}:'
May 19,2004
TO:
FROM:
RE: Approval of a Resolution Accepting Easement Agreements for the County Road 19
Intersection Project.
Attached to this report are requests from Hennepin County for easements for the County Road 19
Reconstruction Project.
Each request has an exhibit indicating the area of easements being requested. These are briefly
summarized below.
Attachment 1 - Parcel 4: 5620 County Road 19 Gideon Glen Property
This easement request includes several areas for roadway construction, both temporary and permanent,
and a construction easement for the Gideon Glen pond.
.
Attachment 2 - Parcel 14: 24200 Smithtown Road Public WorkslPublic Safety Drive
This request is for temporary and permanent easements for the installation of storm sewer and
reconstruction of the approach to County Road 19 for the Public W orksl Public Safety drive.
Attachment 3 - Parcel 17: 5755 Country Club Road Shorewood City Hall
This request is for temporary and permanent easement for the installation of storm sewer and
reconstruction of the approach to Country Club Road for the Shorewood City Hall.
Attachment 4 - Parcel 18: 5735 Country Club Road Southshore Senior Community Center
This is for both, temporary and permanent easement over the northwest comer of the Senior
Community Center property. This easement will be utilized to construct a new approach for the Wash
and Roll Car Wash. Shorewood is one of five owners that need to execute the agreement.
Recommendation
Staff is recommending approval of the resolution that accepts the easement agreements provided by
Hennepin County.
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~J PRINTED ON RECYCLED PAPER
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Hennepin County Transportation Department
/,;
1600 Prairie Drive
Medina, MN 55340-5421
763-745-7500, Phone
763-478-4000, Fax
763-478-4030, TDD
www.co.hennepin.mn.us
March 16,2004
MAR 1 7 2004
CITY OF SHOREWOOD
5755 COUNTRY CLUB RD
SHOREWOOD, MN 55331
Re: CSAH 19, Project 9821, Parcel 4, Property Address: 5620 CO RD NO. 19,
PID (Parcel Identification Number): 33-117-23-13-0012
.
After a number of delays, Hennepin County is proposing the reconstruction and improvement of
a segment of County State Aid Highway (C.S.A.H.) No. 19, from South of Glen Road to West of
Echo Road. The proposed reconstruction is to consist of grading, surfacing, storm sewer,
sanitary sewer, water main, signal, signing and landscaping. Plans call for a two-lane roadway
with turn lanes and concrete curb and gutter. The project also includes a traffic signal at the
intersection of CSAH No. 19 and Smithtown Road. Additionally, pathways and concrete walks
are proposed. Work is scheduled to begin in the summer of 2004 and to be completed by
October 31, 2005.
Current plans indicate that we need to acquire a 6,016 square foot permanent highway
easement (colored orange on the attached exhibit), 3.971 square foot permanent drainage and
utility easement (colored blue on the attached exhibit), 6,392 square foot permanent access
easement, 8,480 square foot temporary construction easement on your property (colored green
on the attached exhibit) and a 103,376 ponding, drainage & utility easement (colored dark blue .
on the attached exhibt).
The document ACQuisition Information for Property Owners is enclosed for your review. The
purpose of this brochure is to inform individuals whose land must be acquired, of their rights
under Minnesota law and to provide information about the acquisition process.
I will be contacting you, or your representative, in the near future so we can arrange to meet and
review the road project and the specific affect upon your property. An appraisal or damage
assessment will be completed on your property by a qualified appraiser. An offer will be provided
to you once a review and analysis of the appraisal is completed. If you decide to accept the offer,
the parcel will be acquired by direct purchase and you will be paid upon satisfactory evidence of
merchantable title. If the offer is unacceptable you may have your property acquired in an
eminent domain proceedings.
Please return the enclosed copy of this letter with the name, address and telephone number of the
person that should be contacted. A self addressed, stamped envelope is enclosed for your
convenience.
ATrAc..HM~ t
An Equal Opportunity Employer
Recycfed Paper
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.
.
Hennepin County construction survey crews may stake your property to identify the location of
the proposed easements. If you have any questions, please call me at the number listed below
between 7:30 a.m. and 3:30 p.m., Monday through Friday.
Sincerely,
fJ::!~/d~-e<~
Right of Way Agent
(763) 745.7541
Contact information of person or persons that Hennepin County's Right of Way Agent should
contact regarding above described property.
Name
Name
Address
City, State, Zip
Daytime Phone
Evening Phone
Enclosure:
ACQUISITION INFORM A TlON FOR PROPERTY OWNERS
ACQUISITION COLORED EXHIBIT
SELF ADDRESSED STAMPED RETURN ENVELOPE
COPY OF THIS LETTER
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1600 Prairie Drive
Medina, MN 55340-5421
763-745-7500, Phone
763-478-4000, Fax
763-478-4030, TOO
www.co.hennepin.mn.us
MAR 1 7 2004
March 16,2004
CITY OF SHOREWOOD
5755 COUNTRY CLUB RD
SHOREWOOD, MN 55331
.
Re: CSAH 19, Project 9821, Parcel 14, Property Address: 24200 SMITHROWN RD.,
PID (Parcel Identification Number): 33-117-23-11-0074
After a number of delays, Hennepin County is proposing the reconstruction and improvement of
a segment of County State Aid Highway (C.S.A.H.) No. 19, from South of Glen Road to West of
Echo Road. The proposed reconstruction is to consist of grading, surfacing, storm sewer,
sanitary sewer, water main, signal, signing and landscaping. Plans call for a two-lane roadway
with tum lanes and concrete curb and gutter. The project also includes a traffic signal at the
intersection of CSAH No. 19 and Smithtown Road. Additionally, pathways and concrete walks
are proposed. Work is scheduled to begin in the summer of 2004 and to be completed by
October 31,2005.
Current plans indicate that we need to acquire a 3,677 square foot permanent highway
easement (colored orange on the attached exhibit), and a 8,533 temporary construction
easement (colored green on the attached exhibit).
.
The document Acauisition Information for Propertv Owners is enclosed for your review. The
purpose of this brochure is to inform individuals whose land must be acquired, of their rights
under Minnesota law and to provide information about the acquisition process.
I will be contacting you, or your representative, in the near future so we can arrange to meet and
review the road project and the specific affect upon your property. An appraisal or damage
assessment will be completed on your property by a qualified appraiser. An offer will be provided
to you once a review and analysis of the appraisal is completed. If you decide to accept the offer,
the parcel will be acquired by direct purchase and you will be paid upon satisfactory evidence of
merchantable title. If the offer is unacceptable you may have your property acquired in an
eminent domain proceedings.
Please return the enclosed copy of this letter with the name, address and telephone number of the
person that should be contacted. A self addressed, stamped envelope is enclosed for your
convenience.
ATrl\C.~MENT Z-
An Equal Opportunity Employer
Recycled Paper
I
Hennepin County construction survey crews may stake your property to identify the location of
the proposed easements. If you have any questions, please call me at the number listed below
between 7:30 a.m. and 3:30 p.m., Monday through Friday.
Sincerely,
f:I::!~
Right of Way Agent
(763) 745-7541
Contact information of person or persons that Hennepin County's Right of Way Agent should
contact regarding above described property.
Name
.
Name
Address
City, State, Zip
Daytime Phone
Evening Phone
.
Enclosure:
ACQUISITION INFORM A TlON FOR PROPERTY OWNERS
ACQUISITION COLORED EXHIBIT
SELF ADDRESSED STAMPED RETURN ENVELOPE
COPY OF THIS LETTER
HENNEPIN COUNTY TRANSPORTATION DEPARTMENT
RIGHT OF WAY DIVISION
1600 Prairie Drive, Medina, MN 55340-5421
LAND AND BUILDING ACQUISITION DATA
Owners
...........................................C.lIY..O'f..SHQREW.O.Q'O'... Road No. .1.9............
Scale 1" = 50 Feet
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Date Printed:
3/3/2004
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Hennepin County Transportation Department
.-
1600 Prairie Drive
Medina, MN 55340-5421
763-745-7500, Phone
763-478-4000, Fax
763-478-4030, TOO
www.co.hennepin.mn.us
MAR 1 7 2004
March 16, 2004
CITY OF SHOREWOOD
5755 COUNTRY CLUB RD
SHOREWOOD, MN 55331
Re: CSAH 19, Project 9821, Parcel 17, Property Address: 5755 Country Club Rd.,
PID (Parcel Identification Number): 33-117-23-14-0048
.
After a number of delays, Hennepin County is proposing the reconstruction and improvement of
a segment of County State Aid Highway (C.S.A.H.) No. 19, from South of Glen Road to West of
Echo Road. The proposed reconstruction is to consist of grading, surfacing, storm sewer,
sanitary sewer, water main, signal, signing and landscaping. Plans call for a two-lane roadway
with turn lanes and concrete curb and gutter. The project also includes a traffic signal at the
intersection of CSAH No. 19 and Smithtown Road. Additionally, pathways and concrete walks
are proposed. Work is scheduled to begin in the summer of 2004 and to be completed by
October 31, 2005.
Current plans indicate that we need to acquire a 1,485 square foot permanent highway
easement (colored orange on the attached exhibit), 3,530 square foot permanent drainage
easement (colored blue on the attached exhibit), and a 6,690 square foot temporary
construction easement on your property (colored green on the attached exhibit).
The document Acauisition Information for Property Owners is enclosed for your review. The .
purpose of this brochure is to inform individuals whose land must be acquired, of their rights
under Minnesota law and to provide information about the acquisition process.
I will be contacting you, or your representative, in the near future so we can arrange to meet and
review the road project and the specific affect upon your property. An appraisal or damage
assessment will be completed on your property by a qualified appraiser. An offer will be provided
to you once a review and analysis of the appraisal is completed. If you decide to accept the offer,
the parcel will be acquired by direct purchase and you will be paid upon satisfactory evidence of
merchantable title. If the offer is unacceptable you may have your property acquired in an
eminent domain proceedings.
Please return the enclosed copy of this letter with the name, address and telephone number of the
person that should be contacted. A self addressed, stamped envelope is enclosed for your
convenience.
A...1T ~c.,~ M 6-1' 3
An Equal Opportunity Employer
Recycled Paper
-
Hennepin County construction survey crews may stake your property to identify the location of
the proposed easements. If you have any questions, please call me at the number listed below
between 7:30 a.m. and 3:30 p.m., Monday through Friday.
Sincerely,
fJ::!:;m~
Right of Way Agent
(763) 745-7541
Contact information of person or persons that Hennepin County's Right of Way Agent should
. contact regarding above described property.
Name
Name
Address
City, State, Zip
Daytime Phone
Evening Phone
I
i
.
,
Enclosure:
ACQUISITION INFORM A TlON FOR PROPERTY OWNERS
ACQUISITION COLORED EXHIBIT
SELF ADDRESSED STAMPED RETURN ENVELOPE I
COPY OF THIS LETTER
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Hennepin County Transportation Department
1600 Prairie Drive
Medina, MN 55340-5421
763-745-7500, Phone
763-478-4000, Fax
763-478-4030, TDD
www.co.hennepin.mn.us
MAR 1 7 2004
March 16, 2004
CITY OF SHOREWOOD
5755 COUNTRY CLUB RD
SHOREWOOD, MN 55331
.
Re: CSAH 19, Project 9821, Parcel 18, Property Address: ADDRESS PENDING,
PIO (Parcel Identification Number): 33-117-23-14-0047
After a number of delays, Hennepin County is proposing the reconstruction and improvement of
a segment of County State Aid Highway (C.S.A.H.) No. 19, from South of Glen Road to West of
Echo Road. The proposed reconstruction is to consist of grading, surfacing, storm sewer,
sanitary sewer, water main, signal, signing and landscaping. Plans call for a two-lane roadway
with turn lanes and concrete curb and gutter. The project also includes a traffic signal at the
intersection of CSAH No. 19 and Smithtown Road. Additionally, pathways and concrete walks
are proposed. Work is scheduled to begin in the summer of 2004 and to be completed by
October 31, 2005.
.
Current plans indicate that we need to acquire a 587 square foot permanent drainage easement
(colored blue on the attached exhibit), 762 square foot temporary construction easement on
your property (colored green on the attached exhibit), 537 square foot wall easment (colored
yellow on the"attached exhibit), and a 662 square foot driveway access (colored brown on the
attached exhibit).
The document Acauisition Information for Property Owners is enclosed for your review. The
purpose of this brochure is to inform individuals whose land must be acquired, of their rights
under Minnesota law and to provide information about the acquisition process.
I will be contacting you, or your representative, in the near future so we can arrange to meet and
review the road project and the specific affect upon your property. An appraisal or damage
assessment will be completed on your property by a qualified appraiser. An offer will be provided
to you once a review and analysis of the appraisal is completed. If you decide to accept the offer,
the parcel will be acquired by direct purchase and you will be paid upon satisfactory evidence of
merchantable title. If the offer is unacceptable you may have your property acquired in an
eminent domain proceedings.
Please return the enclosed copy of this letter with the name, address and telephone number of the
person that should be contacted. A self addressed, stamped envelope is enclosed for your
convenience.
A TfJ:i.rCJ.I ME>-rr 4-
An Equal Opportunity Employer
Recycled Paper
Hennepin County construction survey crews may stake your property to identify the location of
the proposed easements. If you have any questions, please call me at the number listed below
between 7:30 a.m. and 3:30 p.m., Monday through Friday.
Sincerely,
fd:!:~
Right of Way Agent
(763) 745-7541
Contact information of person or persons that Hennepin County's Right of Way Agent should
contact regarding above described property.
.
Name
Name
Address
City, State, Zip
Daytime Phone
Evening Phone
.
Enclosure:
ACQUISITION INFORM A TION FOR PROPERTY OWNERS
ACQUlSfTlON COLORED EXHIBIT
SELF ADDRESSED STAMPED RETURN ENVELOPE
COPY OF THIS LETTER
'1
. I
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I!
HENNEPIN COUNTY TRANSPORTATION DEPARTMENT
RIGHT OF WAY DIVISION
1600 Prairie Drive, Medina, MN 55340-5421
LAND AND BUILDING ACQUISITION DATA
Owners
...........................C.IIY..QE..S.I:I.QREWOOO.D..EI.AL... Road No. .1.~t.........
Proiect 9.6.2.1................ Parcel .1.8...........................................
Property AD.DRES.S..P..EN'O'J-NG................................. PID # 3.3;:t1.7.::2.3:::I.4.~nO'4.7.........
Address
Scale 1" = 50 Feet
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