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032204 CC Reg AgP t . \, CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, MARCH 22, 2004 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. AGENDA 1. CONVENE CITY COUNCIL MEETING A. Roll Call Mayor Love_ Garfunkel Liz6e Zerby _ Tur . geot1- B. Review Agenda 2. APPROVAL OF MINUTES A. City Council Executive Session Minutes, March 8, 2004 (Att.- Minutes) B. City Council Work Session Minutes, March 8, 2004 (Att. - Mintues) C. City Council Regular Meeting Minutes, March 8, 2004 (Att.- Minutes) 3. CONSENT AGENDA - Motion to approve items on Consent Agenda & Adopt Resolutions Therein: NOTE: Give the public lln opportunity to request an item be remowul from the Consent Agenda. Comments eM be taken or questions asked followmg removtrl from Consent Agenda. A. Approval of the Verified Claims List (Att.- Claims List) B. Staffing (None) C. License Approvals - Biennial Gambling License for American Legion Post #259 (Att. - Draft Resolution) D. Appeal Notice to Remove (Att. - Planning Director's memorandum) Appellant: Wade Kenyon Location: 25565 Smith town Road E. Proclaiming April as Child Abuse Prevention Month (Att. - Resolution) F. Proclaiming Arbor Day on April 30, 2004 (Att. - Resolution) G. Accept Proposal for Professional Services for Badger Well (Att. - Public Works Director's memorandum) A. Planning Commission Appointments (Att. - Draft Resolution) .. CITY COUNCIL AGENDA - MARCH 22, 2004 Page 2of3 H. Request from T -Mobile for Conditional Use Permit to Locate on the Southeast Area Water Tower (Att. -Planning Director's memorandum) I. Authorization for Expenditure of Funds for a Public Works Van (Att. - Public Works Director's. memorandum) 4. MATTERS FROM THE FLOOR (No Council action will be taken.) 5. REPORTS AND PRESENTATIONS A. 7: 1 5 Public Information Meeting - Storm Water Pollution Prevention Program (Att. - Public Works Director's memorandum) 6. PUBLIC HEARING 7. PARKS - Report by Representative A. Report on Park Commission Meeting Held March 9, 2004 (Att.- Draft Minutes) B. Music in the Parks (Att. - Public Works Director's memorandum) C. Consideration of Sponsorships for Music in the Parks (Att. - Public Works Director's memorandum) 8. PLANNING - Report by Representative A. Minor Subdivision/Combination (Att - Planning Director's memorandum; Planning Commission's Findings of Fact) Applicant: Location: D.R. Verdoom (Rep. By Sharratt Design & Co.) 28210 and 28220 Woodside Road B. Bosworth PUD Concept Stage Approval (Att. - Planning Director's memoranda) Applicant: Location: Dr. Kelly Bosworth 6120 and 6140 Lake Linden Drive C. Minor Subdivision and Bluff Impact Setback Variance (Att - Planning Director's memorandum) Applicant: Location: Thomas Thiss 6110 Ridge Road D. Shorewood Village Shopping Center - Conditional Use Permit for Multiple Signage (Att. - Planning Director's memorandum; Draft Resolution) 9. GENERALlNEW BUSINESS J .~ CITY COUNCIL AGENDA - MARCH 12,2004 Page 3 of3 B. Revision to Gideon Glen Cooperative Agreement (Att. - City Administrator's memorandum) 10. ENGINEERINGIPUBUC WORKS 11. STAFF AND COUNCIL REPORTS A. Administrator & Staff 1. COWlty Road 19 Intersection 2. Public Safety Facilities B. Mayor & City COWlcil 12. ADJOURN . CITY OF SHOREWOOD CITY COUNCIL MEETING MARCH 22, 2004 PUBLIC SIGN-IN SHEET For the record, please print your name and address below. Thank you. Name Address 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. ~: ,. CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236 FAX (952) 474-0128 . www.cLshorewood.mn.us . cityhall@cLshorewood.mn.us Executive Summary Shorewood City Council Regular Meeting Monday, 22 March 2004 . . A 6:00 PM Liquor Committee Meeting is scheduled this evening in the Conference Room. . An EDA meeting IS scheduled this evening immediately following the Regular City Council meeting. - Agenda Item #3A: Enclosed is the Verified Claims List for Council approval. Agenda Item #3B: Staffing - None e. Agenda Item #3C: The biennial gambling license forthe American Legion Po'st #259, located at 24450 Smithtown Road in Shorewood, is due for renewal. The State Gambling Control Board requires a resolution of approval from the CitY. Appropriate license fees have been paid, and the background investigation found noviolations within the past five years relating to gambling. As all license requirementsbave been met, approval of a resolution is in order. Agenda Item #3D: Wade Kenyon has requested additional time to comply with anotice to remove. He asks for 30 days to clean up items often considered to be "junk". He asks for 90 days to remove or use building materials stored on the property. He claims to have licensed all vehicles in question. This will be verified by Monday night. Staff recommends the extension subject to the owner applying for the necessary building permits and covering the building materials with abrown tarp immediately. Agenda Item #3E: The Initiative for Violence-Free Families is encouraging communities in Hennepin County to raise awareness of child abuse prevention by proclaiming April as Child Abuse Prevention Month. A resolution is prQvided for Council approval. Agenda Item #3F: Enclosed is a Resolution proclaiming Arbor pay on April 30, 2004, and encouraging all residents to observe Arbor Day by planting a tree. n . ~~ PRINTED ON RECYCLED PAPER Executive Summary - City Council Meeting of 22 March 2004 Page 2 of3 Agenda Item #3G: WSB and Associates has provided a proposal for the design, construction engineering and post construction services for the demo and reconstruction of the Badger Well House. This project has been recommended to the City Council as part of the 2004 - 2008 Capital hnprovement Program (CIP). Staff recommends acceptance and approval of said proposal. Agenda Item #3H: T -Mobile has requested permission to apply for a conditional use permit to ,locate telecommunication equipment on the Southeast Area water tower. They propose to remove the bankrupt Metricom's equipment and use the lowest space on the tower. Staff recommends approval of the request. Agenda Item #31: Staff is recommending approval authorization for the expenditure of funds for purchase of a Dodge Grand Caravan fir the Department of Public Works. This vehicle had been budgeted for replacement as part of the 2003 CIP. However, Staff determined that the replacement of this vehicle could wait until 2004. Agenda Item #5A: In accordance with provisions of the Clean Water Act, a Storm Water Pollution Prevention Program (SWPPP) shall be reviewed at a public information meeting and public comment shall be received. A permanent record and record of decisions regarding comments received for the SWPPP shall be retained by the City and submitted to the Minnesota Pollution Control Agency (MPCA). Staffwill present the SWPPP in great detail during the public information meeting. Agenda Item #7 A: Commissioner Davis will report on the March 9, 2004, Park Commission meeting. Agenda Item #7B: The Park Commission has made a recommendation to establish music events in Freeman Park using the covered pavilion area of Eddy Station. Three dates were suggested for these events. These dates are Friday, June 11; Friday, July 9; and Friday, August 13. As part of this approval, it is anticipated that general Park Funds would be utilized for costs in obtaining performers for these events. Agenda Item #7C: This item is closely associated with Item 7B. If item 7B is approved, the Park Commission made further recommendation that sponsors be allowed to help offset costs associated with the events. Any acknowledgement of the sponsors would be limited to program notes distributed on programs for the events. Agenda Item #8A: Mr. Daryl Verdoom requested a minor subdivision and combination, which would allow him to convey a strip of his property to his son's property next door. The smaller parcel is substandard with respect to area. While the division/combination would make the smaller lot "technically buildable" (i.e. 70 percent of the minimum lot size for the R-IA/S district), the gerrymandered lot line did little to actually improve the lot. The Planning Commission recommended denial of the application. Its finding of facts is attached for your review. Since then, the applicant's attorney has indicated that his client would go along with the recommendations in the staff report, which was to rearrange the lot line without gerrymandering it. The Council should direct staff to prepare a resolution for the April 12 meeting. ~ i . . ~ # . . Executive Summary - City Council Meeting of 22 March 2004 Page 3 of3 Agenda Item #8B: After much hand-wringing and two public hearings, with a stop at the Council in between, the Planning Commission has recommended approval of Concept Stage Plans for Kelly Bosworth's P .U.D. district request. The approval includes the addition of daycare facilities and day spa, both on a very limited basis. Ordinarily a development agreement is not prepared until the Tmal plan stage. In this case, a draft has been prepared so that the Commission and Council could see exactly what conditions would be imposed. There are several memoranda in chronological order for your review. The Council should direct staffto prepare a resolution for the 12 April meeting. If you have questions relative to this item, feel free to call the Planning Director this weekend. Agenda Item #8C: Tom Thiss applied for a minor subdivision and bluff setback variance to split his property at 6110 Ridge Road into two lots. The planning Commission agreed with the variance with respect to construction of a driveway for the new lot. They recommended, however, that any new house would have to observe the bluff setback. The Council should direct staffto prepare a resolution for the 12 April meeting. Agenda Item #8D: Shorewood Village Center has applied for a conditional use permit to revise their previously approved multiple signage plan. The Planning Commission voted unanimously to recommend the plan per staff recommendations. Since the hearing, staff discovered that the CUB/pylon sign uses up part ofthe sign area for the center. The result is that the center gets 100 square feet less than their sign criteria describes. The applicant will submit revised sign criteria reflecting the change in area. Approval is recommended. Agenda Item #9A: Council may consider extending an appointment to one of the candidates interviewed earlier this year for appointment to the Planning Commission seat recently vacated by Jim Pisula. The current Planning Commission vacancy to be filled is for the term ending January 31,2006. Should appointments be made at tonight's meeting, a motion to adopt a resolution making appointments to the Planning Commission is in order. Council may also choose to readvertise the opening on the Commission, and plan to interview interested candidates at a later date. Agenda Item #9B: Hennepin County has insisted on revisions prior to its approval of the Cooperative Agreement for the Gideon Glen project between the County, the MCWD, and the City. The City and MCWD have approved the otherwise unrevised agreement. The County has a strict policy that all cities will bear the responsibility and cost to maintain stormwater ponds and grit chambers. While City staffhas raised objections on fairness, our bargaining position is not strong. The MCWD would be transferring the wetland credits on the property to the City rather than the County as originally drafted. This agreement is necessary for the MCWD permit for the County Road 19 project. Staff recommends approval of the revised Cooperative Agreement. - . . CITY OF SHOREWOOD CITY COUNCIL EXECUTIVE SESSION MONDAY, MARCH 8, 2004 5755 COUNTRY CLUB ROAD CONFERENCE ROOM 6:00 P.M. MINUTES 1. CONVENE CITY COUNCIL EXECUTIVE SESSION D RA,FT Mayor Love called the meeting to order at 6:03 P.M. A. Roll Call Present: Mayor Love; Councilmembers Garfunkel, Lizee, Turgeon, and Zerby; Administrator Dawson; Attorney Keane; and Planning Director Nielsen Also present: Special Counsel George Hoff and Justin Templin Absent: None B. Review Agenda Mayor Love reviewed the Agenda for the evening, noting a discussion of the O'Donnell and Johnson litigation would also be part of the Agenda for this evening. Without objection from Council, Mayor Love proceeded with the Agenda. 2. MINNETONKA MOORINGS LITIGATION A discussion was held on litigation involving Minnetonka Moorings. Council also discussed litigation involving the O'Donnell and Johnson cases. 3. ADJOURN Turgeon moved, Garfunkel seconded, Adjourning the Executive Session Meeting of March 8, 2004, at 6:33 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Sally Keefe, Recording Secretary Woody Love, Mayor ATTEST: Craig W. Dawson, City Administrator 1f~A . . CITY OF SHOREWOOD CITY COUNCIL WORK SESSION MONDAY, MARCH 8, 2004 5755 COUNTRY CLUB ROAD CONFERENCE ROOM 6:30 P.M. MINUTES 1. CONVENE CITY COUNCIL WORK SESSION D.....D 1'\ FT Mayor Love called the meeting to order at 6:35 P.M. A. Roll Call Present: Mayor Love; Councilmembers Garfunkel, Lizee, Turgeon, and Zerby; Administrator Dawson Absent: None B. Review Agenda Without objection from the Council, Mayor Love proceeded with the Agenda. 2. COMMISSION APPOINTMENT PROCESS Council discussed the Commission appointment process with regard to opportunities for revisions. 3. DISCUSSION REGARDING SOUTH LAKE MINNETONKA POLICE DEPARTMENT FUNDING Council discussed the impacts to the South Lake Minnetonka Police Department budget as a result of funding decisions made by member cities in recent months. Discussions by member cities would continue in the future on funding for this budget. 4. ADJOURN Lizee moved, Zerby seconded, Adjourning the Work Session Meeting Minutes of March 8, 2004, at 7:02 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Sally Keefe, Recording Secretary Woody Love, Mayor ATTEST: Craig W. Dawson, City Administrator/Clerk :If;LB . . CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, MARCH 8, 2004 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING DR .. ... 1-1 Mayor Love called the meeting to order at 7:07 P.M. A. Roll Call Present: Mayor Love; Councilmembers Garfunkel, Lizee, Turgeon, and Zerby, Administrator Dawson; Attorney Keane; Engineer Brown; and Planning Director Nielsen Absent: Finance Director Burton B. Review Agenda Mayor Love reviewed the Agenda for this evening. Director Nielsen stated Item 8A was to be removed from this Agenda and placed on the March 22, 2004, Regular City Council Meeting Agenda at the request of the applicant. Zerby moved, Lizee seconded, Approving the Agenda as amended. Motion passed 5/0. 2. APPROV At OF MINUTES A. City Council Regular Meeting Minutes, February 23, 2004 This item followed the Item 3, Consent Agenda. Turgeon moved, Zerby seconded, Approving the City Council Regular Meeting Minutes of February 23, 2004, as presented. Motion passed 5/0. 3. CONSENT AGENDA Garfunkel moved, Lizee seconded, Adopting the Resolutions Contained on the Consent Agenda and Adopting the Resolutions Therein: A. Approval of the Verified Claims List B. Staffing - No action required C. Authorization for Expenditure of Funds to Purchase Seal Coat Aggregate D. Adopting RESOLUTION NO. 04-018, "A Resolution Adopting the Hennepin County All-Hazard Mitigation Plan." *,e, 7. PARKS . CITY COUNCIL REGULAR MEETING MINUTES MARCH 8, 2004 Page 2 of 6 E. Adopting RESOLUTION NO. 04-019, "A Resolution Adopting the Final Plat of Seamans Estates, Second Addition." F. Adopting ORDINANCE NO. 402, "An Ordinance Amending Chapter 801 of the Shorewood City Code Relating to Seasonal Weight Restrictions," and Adopting RESOLUTION NO. 04-020, "A Resolution Approving Publication of Ordinance No. 402 by Title and Summary." G. Accept Proposal for Mold Analysis Motion passed 5/0. 4. MATTERS FROM THE FLOOR Jerry Brekke, 27450 Pine Bend Road, stated he liked the way the City was currently being run, and he thanked Council for doing so. In addition, he stated he was here to ask Council, on behalf of other City . residents, to consider options for restricting a right-turn lane onto Lake Linden Drive on the west side of the Shorewood Village Shopping Center. Administrator Dawson stated inforInation from the South Lake Minnetonka Police Department Chief Litsey had been shared with Staff recently regarding this issue, and Staff concurred further action was warranted, and he would report back at a later date on this matter. 5. REPORTS AND PRESENTATIONS None. 6. PUBLIC HEARING None. Engineer Brown stated there had not been a Park Commission Meeting since the most recent Regular City Council Meeting, thus, there was nothing to report. A meeting of the Park Commission was slated for Tuesday, March 9,2004, at 7:00 P.M. 8. PLANNING Director Nielsen stated there had not been a meeting of the Planning Commission since the most recent Regular City Council Meeting, thus, there was nothing to report. A Planning Commission Meeting was scheduled for Tuesday, March 9, 2004, at 7:00 P.M. A. Minor Subdivision/Combination Applicant: D.R. Verdoorn (Rep. By Sharratt Design & Co.) Location: 28210 and 28220 Woodside Road Director Nielsen noted this item was to be placed on the March 22, 2004, Regular City Council Meeting Agenda at the request of the applicant. . . . CITY COUNCIL REGULAR MEETING MINUTES MARCH 8, 2004 Page 3 of 6 9. GENERAL/NEW BUSINESS A. Request by Mr. Vanderlinde regarding 5550-5560 Shorewood Lane and Public Safety Building Engineer Brown explained that on January 12, 2004, Mr. Vanderlinde, owner of property at 5550-5560 Shorewood Lane, appeared before the Council voicing concern over the excess dirt and subsequent enlarged slope that was placed on the north side of the West Side Public Safety Facility building. After consideration by the Council, Staff was directed to review drainage for the site to insure the construction of the site portion of the project met City standards regarding grading and contract change orders. He went on to explain Mr. Vanderlinde met with Staff on March 3, 2004 to discuss findings of an original report to be shared at the February 23, 2004, Regular City Council Meeting, but, at the request of Mr. Vanderlinde, was placed on this Agenda for the evening. Engineer Brown stated WSB and Associates had been commissioned to provide topography of the northeasterly slope in question, and found the slopes on the site do meet or exceed a 3: 1 slope. He also noted slopes were currently covered and stabilized. Engineer Brown also explained Mr. Vanderlinde requested further documentation be provided stating the origin of the 8050 cubic yards of fill placed on the northerly slope, as Mr. Vanderlinde was concerned extra material had been brought to the site for disposal as a mere convenience to the contractor. In addition, Mr. Vanderlinde requested minutes from the Coordinating Committee's meetings on this issue, as he was concerned a "blanket approval" had been granted for the fill with little discussion as to the volume of material that was to remain on site. In response to Staff s question, Mr. Vanderlinde indicated a gentler slope and a lower height would be an acceptable alternative, versus hauling the material off-site. Should the slopes be regraded, Engineer Brown went on to explain, additional trees would need to be removed. He further stated Staff believed the site met City standards and the conditions set forth in the Conditional Use Permit for the project. Attorney Keane stated Council seemed to be wrestling with how best to characterize the request. He suggested Council receive the Staff report, and recommended that the request be treated as an appeal of administrative determination finding the facility as constructed was in substantial compliance with the Conditional Use Permit. Allan Vanderlinde, 5550-5560 Shorewood Lane, stated he had reviewed the survey. He submitted photos of the slope, noting the view from his property. He went on to state the neighborhood had believed the City wanted to be a good neighbor in this project, but he did not feel that was the case. He was uncertain of the origin of the estimated 800 truckloads of dirt, and stated he was very disappointed the City had not contacted him or other residents regarding this change. He stated he believed this project devastated property values for residents on Shorewood Lane and he asked the City not penalize property owners unnecessarily. He noted the fill could still be moved, and he stated he would be willing to meet any interested parties onthe site for further discussion. Mayor Love stated he had driven by the site, and he appreciated the respectfulness shown by Mr. Vanderlinde to Staff and him. He stated he had heard Mr. Vanderlinde's concerns, and he believed the City had not shown allowed itself any additional latitude in the City standards. Councilmember Zerby stated he would like to see resolution brought to this case, as the Council was not involved in making the decision to keep the fill on site. Also, he thought eighteen feet of fill over the originally planned contours was a substantial amount. CITY COUNCIL REGULAR MEETING MINUTES MARCH 8, 2004 Page 4 of 6 . In response to Councilmember Turgeon's question, Administrator Dawson stated the fill was placed in October or November of 2002 as there was a period of extended precipitation that left the soil, primarily found on the east side of the project, too wet to build upon. He stated good soil was brought in, and the wet soil stockpiled on site to be removed later. He stated this timing was not in the original plans for the project, and several economies to the project were noted in moving up the schedule to construct the parking area. Councilmember Zerby questioned why the truckloads of fill could be brought in but none was taken out. Administrator Dawson stated that decision was decided by the contractor for the project. Councilmember Turgeon stated she was undecided on this issue, as the City had not exceeded its own standards, but she was having difficulty putting herself in like building situations for other residents. Councilmember Zerby stated he thought variances had been given in the project and the envelope pushed in this case. He stated he thought it very important to stick to the original plan in this case, and what existed on site was not the way it was presented to residents. Mr. Vanderlinde agreed, noting he was . hearing that after plans were approved by Council, a homeowner could change the plans as long as the plans met City standards. Councilmember Zerby went on to state the land belonged to the EFD and the SLMPD, and all member cities. He noted the process for change orders less than $15,000, and how the decision-making authority rested with the Chiefs of each department for those amounts. Engineer Brown stated Council should consider if the act of leaving excess fill on site was a violation of the Conditional Use Permit for the project, and should Council decide to change the current situation, then that decision would fall to the EFD and SLMPD Governing Boards for further consideration. Zerby moved, to determine that leaving the fill on site and current slopes were a violation of the Conditional Use Permit, and the original plans presented to Council should be restored. Motion failed for lack of a second. Garfunkel moved, Lizee seconded, Affirming Staff's determination that no violation of the Conditional Use Permit occurred in this case. . Councilmember Zerby stated he thought the changes to the plans shown as part of the Conditional Use Permit were changed visually. Councilmember Garfunkel encouraged the Governing Boards to examine this issue for opportunities to nntigate the situation. Councilmember Turgeon agreed. Mayor Love stated he would take the concerns demonstrated in this discussion back to the Governing Boards for further discussion. He stated he did not share these same concerns, as the site met City standards and the revision was responsible for appropriate runoff. Clearly it was a big change in the neighborhood with many significant changes taking place in that neighborhood over the years. He stated he thought the slope helped to hide the view of the Public Works building from this property, but that remained a case of ''beauty was in the eye of the beholder." Motion passed 4/1, with Zerby dissenting. . . CITY COUNCIL REGULAR MEETING MINUTES MARCH 8, 2004 Page 5 of 6 B. Discussion Regarding Radisson Road Engineer Brown stated WSB had been commissioned to provide an initial review of issues along Radisson Road between Christmas Lake Road and Old Market Road with regard to excess traffic in the area. WSB conducted an origin and destination study for the A.M. and P.M. peak hours of travel as well as a site visit to meet with concerned resident, Mr. Dennis Jabs. He went on to explain the site visit and in meeting with Mr. Jabs, of 20915 Radisson Road, concluded that the specific concerns for the corridor include the narrow roadway and curves created safety hazards in certain areas and were very dangerous for the traveling public. Also a large amount of cut-through traffic currently utilized Radisson Road as a short-cut frontage road for Trunk Highway 7. Chuck Rickart, of WSB, explained the methodology of the study and results in detail for Council. He also reviewed the options for additional services should Council wish to proceed on the matter further. Discussion ensued regarding a few options for the roadway. Mr. Rickart stated all options would need further consideration and examination prior to a recommendation being made. Paula Callies, 20465 Radisson Road, stated personally she appreciated the City examining the issue in that area. She suggested should the City wish to proceed, do so slowly, and include the neighborhood for additional constructive options and funding a1ternativ~s. She stated one neighbor had suggested closing the roadway at Shore Road, renovating a wetland, and having a park area with access point. She stated she thought the reason so many people opt to cut through in that area was due to a perception of delay at the lights on Highway 7 along that corridor. She stated she had observed additional traffic hauling boats in the area. Mayor Love thanked her for her comments, and stated any process would begin with neighborhood input Zerby moved, Turgeon seconded, Approving Further Study on Traffic Traversing Radisson Road, not to exceed $10,000. Mayor Love stated the street provided a unique setting and would be money well spent regardless of the fmal decision. Motion passed 5/0. 10. ENGINEERINGIPUBLIC WORKS A. SE Area Well Emergency Expenditures Engineer Brown explained that upon completion of normal rounds on February 27,2004, Public Works personnel discovered the Southeast Area well located within Silverwood Park had failed. After considerable investigation, it was determined the main electrical components had burned out, along with some overload equipment. He then reviewed the process Staff had utilized in order to provide service in that area. Mayor Love stated he appreciated the communications and professionalism shown by Staff in handling this matter effectively. CITY COUNCIL REGULAR MEETING MINUTES MARCH 8, 2004 Page 6 of6 Engineer Brown stated all other facilities in the City of this nature had backup well service, and that this well did not; thus, it was difficult to provide service to the largest service area in the City without interruption. Turgeon moved, Lizee seconded, Approving Expenditure of Funds fr()m the City's Municipal Water Fund for Emergency Repairs to the Southeast Area Well, not to exceed $59,850.00. Motion passed 5/0. 11. STAFF AND COUNCIL REPORTS A. Administrator & Staff 1. County Road 19 Intersection Engineer Brown stated WSB had completed plans for the County Road 19 Intersection project, and was awaiting landscape plans for the project from Brauer and Associates. 2. Public Safety Facilities Administrator Dawson stated the East Side Facility was progressing nicely, and tours of the West Side Facility were being planned for March 24 for City Councils. B. Mayor & City Council Mayor Love stated he had attended a meeting of the SLMPD Coordinating Committee to further discuss the operating budget with no movement on making the budget whole. Attorney Keane clarified questions for Councilmember Turgeon regarding the Shorewood Parks Foundation and Council's role in appointments to that Board of Directors. 12. ADJOURN Garfunkel moved, Lizee seconded, Adjourning the Regular City Council Meeting of March 8, 2004, at 8:24 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED. Sally Keefe, Recordin2 Secretary Woody Love, Mayor Craig W. Dawson, City Administrator . . . PAYABLES APPROVALS For 3/22/04 Council Meeting . Prepared by: (ltttlrP/U~. I~ Catherine EIke, Sr. Accountant ~~ Reviewed by: Bonnie Burton, Finance Director . awson, City Administrator Date: ~-/g-01 Date: ~/ifj;;f Date: 03.1 B eft ~3ft Check Approval List for 3/22/04 Sorted by Department Check # Vendor Name Description Check Date Invoice # Amount 37086 ADVANCED IMAGING SO MAR CONTRACT SVC 3/11/2004 16016 $171.00 37087 AFSCME COUNCil 14 MAR UNION DUES 3/11/2004 $198.10 37088 COMMUNITY REC RESO FEB CONTRACT SVC 3/11/2004 14 $720.00 37089 CULLIGAN BOTTLED WA 3/11/2004 114X2929 $31.92 37090 EDINA COURIERS llC PKG TO WSB 3/11/2004 70891 $37.10 37091 G & K SERVICES 3/11/2004 022704 $539.14 37092 HENN CTY TREASURER PID BOOKS 3/11/2004 $104.31 37093 HENNEPIN COUNTY TRE PID FilE TO WSB 3/11/2004 $200.00 37095 ICMA RETIREMENT TRU PAYROll DEDUCTS 3/9/0 3/11/2004 302131-03 $974.68 37096 KINKO'S BARRINGTON PROJ COPI 3/11/2004 06210004 $19.96 37096 KINKO'S ELECTION PRECINCT MA 3/11/2004 06210004 $15.36 37096 KINKO'S 3/11/2004 06210004 $62.57 37096 KINKO'S 3/11/2004 07700000 $21.47 37097 lEAGUE OF MN CITIES 2004 STATE OF CITIES M 3/11/2004 1-0000162 $70.00 37101 MN CHilD SUPPORT PM CHilD SUPPORT - C SCH 3/11/2004 $193.35 37102 MN SUN PUBLICATIONS SHOREWOOD SIGNS 3/11/2004 670439 $53.62 . 37102 MN SUN PUBLICATIONS THISS VARIANCE 3/11/2004 670440 $50.05 37103 NGUYEN, MICHEllE FEB MilEAGE 3/11/2004 $23.63 37105 PANCHYSHYN, JEAN COUNCil MTG DINNER 3/ 3/11/2004 $38.23 37106 PAWS, CLAWS & HOOV MARCH SVC 3/11/2004 $399.38 37107 PAZANDAK, JOSEPH MilEAGE 2/23 - 3/5/04 3/11/2004 $77.63 37108 PERA PAYROll DEDUCTIONS 3 3/11/2004 762400-03 $2,329.84 37108 PERA PAYROLL DEDUCTIONS 3 3/11/2004 762400-03 $2,526.25 37109 PETTY CASH REIMBURSE PETTY CAS 3/11/2004 $10.00 37110 PITNEY-BOWES INC. INK CARTRIDGE 3/11/2004 573261 $76.46 37112 RANDAll, DANIEL GAS FOR CITY TRUCK 3/1112004 $25.00 37114 STAR GROUP llC SHOP SUPPLIES 3/11/2004 84155 $10.21 37115 SUN PATRIOT NEWSPA ORDINANCE 410 3/11/2004 938-04 . $97.51 37116 WASTE MANAGEMENT MAR SVC 3/11/2004 0744238-1 $232.59 37118 ANDERSON, KRISTI B. PK COMMISSION MTG 3/18/2004 $200.00. 37120 BKV GROUP ADDl SPACE NEEDS EXP 3/18/2004 20960A $2.10 37120 BKV GROUP ADDl SPACE NEEDS EXP 3/18/2004 21oo7A $76.28 37121 BURTON, BONNIE FEB/MAR MilEAGE & EX 3/18/2004 $65.56 . 37123 FRONTIER ELECTRIC DISCONNECT WARMING 3/18/2004 28965 $70.00 37124 GATHERINGS AT EXCEL R. MARRON FLOWERS 3/18/2004 357 $56.98 37126 MAMA 2004 LABOR RELATIONS 3/18/2004 $2,830.00 37127 MAMA 2/19 lUNCHEON 3/1812004 909A $18.00 37129 MIDWEST MAILING SYS MARCH NEWSLETTER 3/18/2004 57501 $336.88 37132 RUMPCA CO INC JAN BRUSH DISPOSAL 3/18/2004 1942 $400.00 37133 SAM'S CLUB 3/18/2004 030204 $83.36 37134 SBC PAGING PAGER 3/18/2004 52006803 $25.75 37139 WM. MUEllER & SONS, I SAND 3/18/2004 88814 $817.32 37139 WM. MUELLER & SONS, I SAND 3/18/2004 88815 $831.15 37140 XCEL ENERGY 3/18/2004 0114-707- $118.00 37140 XCEL ENERGY 3/1812004 0727-302- $272.05 37140 XCEl ENERGY 3/18/2004 0786-015- $28.52 37140 XCEl ENERGY 3/18/2004 1300-208- $123.47 37140 XCEL ENERGY 3/18/2004 1477-205- $288.72 37140 XCEl ENERGY 3/18/2004 1966-609- $48.18 37140 XCEl ENERGY 3/1812004 2052-902- $13.73 :J7140 XCEl ENERGY 3/18/2004 2164-107- $93.10 37141 BARNES DISTRIBUTION MISC SHOP SUPPLIES 3/23/2004 33676760 $335.11 Check # Vendor Name Description Check Date Invoice # Amount 37149 FLAGS OVER AMERICA, FLAGS FOR CITY HALL 3/23/2004 30873 $78.00 37152 HENNEPIN COUNTY TRE 2004 HAZARDOUS WAST 3/23/2004 037609 $247.90 37157 MN DEPT OF REVENUE 2003 HAZ WASTE BASE T 3/23/2004 2003 $50.00 37158 OFFICE DEPOT 3/23/2004 23572340 $265.22 37158 OFFICE DEPOT 3/23/2004 23604364 ($148.31) 37158 OFFICE DEPOT 3/23/2004 23799924 $80.18 37158 OFFICE DEPOT 3/23/2004 23799924 $22.65 37158 OFFICE DEPOT 3/23/2004 23799924 $6.72 37158 OFFICE DEPOT 3/23/2004 23799924 $4.92 37158 OFFICE DEPOT 3/23/2004 23903306 $60.44 37159 ORONO, CITY OF MAR ANIMAL CONTROL 3/23/2004 20040029 $1,626.45 37162 SO LK MTKA POLICE DE RESERVE OFFICER FUN 3/23/2004 $450.00 37169 XCEL ENERGY 3/23/2004 0208-203- $7.38 37169 XCEL ENERGY 3/23/2004 0326-600- $33.98 37169 XCEL ENERGY 3/23/2004 0615-308- $3.14 37169 XCEL ENERGY 3/23/2004 1541-203- $140.45 37169 XCEL ENERGY 3/23/2004 1605-305- $16.66 37169 XCEL ENERGY 3/23/2004 1724-866- $24.47 37169 XCEL ENERGY 3/23/2004 1732-704- $2,406.73 . 37169 XCEL ENERGY 3/23/2004 2001-503- $21.20 TOTAL FOR 101 GENERAL FUND $21,841.80 37136 TECHIES MAR SVC 3/18/2004 174700 $500.00 TOTAL FOR 401 PUBUC FACIUTIESIOFFICE EQUIPMENT $500.00 37104 NORTHERN TOOL & EO HITCH/PARTS FOR UTILI 3/11/2004 09569263 $71.31 TOTAL FOR 403 EQUIPMENT REPLACEMENT $71.31 37144 COMMISSIONER OF TRA XMAS LK RD SIGNAL 3/23/2004 T7921300 $120.97 TOTAL FOR 405 MSA CAPITAL IMPROVEMENT $120.97 37096 KINKO'S WATER SYS HALF SECT 3/11/2004 06210004 $102.19 37096 KINKO'S WATER SYS HALF SECTI 3/11/2004 06210004 $10.52 37096 KINKO'S WATER SYS MAPS 3/11/2004 06210004 $12.55 37100 MINNETONKA-CITY OF 5350 VINE HILL RD WATE 3/11/2004 $28.45 37100 MINNETONKA-CITY OF 5366 VINE HILL W A CHG 3/11/2004 $28.45 37131 OW EST 3/18/2004 $99.05 . 37131 OW EST 3/18/2004 $261.99 37135 STUDER, PEGGY REF RETD METER PART 3/18/2004 $115.00 37140 XCEL ENERGY 3/18/2004 1692-607- $553.02 37140 XCEL ENERGY 3/18/2004 2270-109- $324.22 37146 DEPT OF LABOR & INDU WOODHAVEN WELL 3/23/2004 B42351 RO $10.00 37147 E.H RENNER & SON'S S.E. WELL EMERGENCY 3/23/2004 69750000 $517.50 37151 HACH COMPANY WATER CHEMICALS 3/23/2004 3772988 $44.58 37164 TWIN CITY WATER CLlNI FEB BACTERIA ANAL YSI 3/23/2004 27 $60.00 37169 XCEL ENERGY 3/23/2004 0145-009- $27.90 37169 XCEL ENERGY 3/23/2004 0234-748- $7.53 37169 XCEL ENERGY 3/23/2004 1351-508- $337.89 37169 XCEL ENERGY 3/23/2004 1440-708- $249.19 37169 XCEL ENERGY 3/23/2004 1776-835- $87.69 37169 XCEL ENERGY 3/23/2004 2095-300- $1,531.85 TOTAL FOR 601 WATER UTIUTY $4,409.57 37098 METRO COUNCIL ENVIR FEB SAC REPT 3/11/2004 $1,336.50 37140 XCEL ENERGY 3/18/2004 1765-206- $30.21 37140 XCEL ENERGY 3/18/2004 2486-903- $27.49 37155 METRO COUNCIL ENVIR APRIL WASTEWATER 3/23/2004 770966 $26,907.20 Check# Vendor Name 37169 37169 37169 37169 37169 37169 37169 37169 37169 37169 37169 37169 37094 37099 37111 37111 37111 37113 37116 37117 37125 37125 37128 37128 37130 37130 37130 37130 37130 37133 37133 37137 37140 37142 37142 37142 37142 37143 37143 37143 37143 37143 37143 37145 37145 37145 37145 37148 37148 37150 37150 37150 37150 37150 XCELENERGY XCEL ENERGY XCEL ENERGY XCELENERGY XCELENERGY XCEL ENERGY XCEL ENERGY XCEL ENERGY XCEL ENERGY XCEL ENERGY XCEL ENERGY XCEL ENERGY Description Check Date Invoice # 3/23/2004 0074-000- 3/23/2004 0191-308- 3/23/2004 0408-607- 3/23/2004 0640-202- 3/23/2004 0675-505- 3/23/2004 0942-567- 3/23/2004 1285-101- 3/23/2004 1350-001- 3/23/2004 1373-808- 3/23/2004 1564-303- 3/23/2004 1641-408- 3/23/2004 2397-003- SANITARY SEWER UTILITY TOTAL FOR 611 Amount $8.06 $21.40 $59.85 $16.29 $18.17 $37.46 $16.99 $44.69 $7.93 $8.40 $53.39 $15.23 $28,609.26 $207.80 $232.05 $534.25 $612.83 $338.85 $2.12 $116.96 $20.00 $8,429.84 $634.50 $82.35 $82.35 ($132.24) $197.90 $79.20 $37.32 $1,765.83 $12.02 $32.35 $629.28 $217.89 ($9.75) $34.77 $17.24 $73.82 ($13.33) ($3.13) $1,610.43 $2,140.00 $636.25 $1,434.85 $1,866.45 $19.20 $1,044.55 $183.90 $1,370.90 $723.60 $25.95 $926.10 $40.45 $354.16 $1,084.11 j,:.o::::~; ,; '."!... ';:l.'~.,~" ; '!:~,:, ~::.:!;, ':;;'!:~~' V,_~~;{~;'~;;~:~,',::;;:i.'",~:_,.:::;:.'t,*,-",';.'~,,"Ct,~~:::~',~"'~ ;t.;,;,)!:;,;,-- :~-: . ~:;;\;~:.::".:;\l"t~:~:8,'::_,i.i;"'I: .:~.::.i':~':.;/ ~ _>!,,;'.,,:~-;,;;j';;~'~::;:.~:::::':,.:":"; :';:>:.{!.~ -~!~ '~;,,~~,;_"::;:~:~),!:,~;;::i-'S,:<~7.<:,:'~, ',:'~~,;.,!_~~.~t,.;~~:,,:;'~i&:(i.;.:;;f,1~;;:;;~'!;)'f;"~ii: ;, :;;;:'~;,.t;; ,,,L:':,,:':~o;~_~:.~':.-:,;;.;.\,~~'i::!: ,"-,; ',:;:~~:"~ ._'__',~'.:;::,{",f.~:' Thursday, March 18, 2004 Page 3 of 6 HERMEL WHOLESALE MIDWEST COCA-COLA B QUALITY WINE & SPIRIT QUALITY WINE & SPIRIT QUALITY WINE & SPIRIT SHOREWOOD TRUE VAL WASTE MANAGEMENT ALCOHOL & GAMBLING GSSC GSSC MARLIN'S TRUCKING MARLIN'S TRUCKING QUALITY WINE & SPIRIT QUALITY WINE & SPIRIT QUALITY WINE & SPIRIT QUALITY WINE & SPIRIT QUALITY WINE & SPIRIT SAM'S CLUB SAM'S CLUB THORPE DISTRIBUTING XCEL ENERGY BELLBOY BAR SUPPLY BELLBOY BAR SUPPLY BELLBOY BAR SUPPLY BELLBOY BAR SUPPLY BELLBOY CORPORATIO BELLBOY CORPORATIO BELLBOY CORPORA TIO BELLBOY CORPORATIO BELLBOY CORPORA TIO BELLBOY CORPORATIO DAY DISTRIBUTING DAY DISTRIBUTING DAY DISTRIBUTING DAY DISTRIBUTING EAST SIDE BEVERAGE EAST SIDE BEVERAGE GRIGGS, COOPER & CO GRIGGS, COOPER & CO GRIGGS, COOPER & CO GRIGGS, COOPER & CO GRIGGS, COOPER & CO SUPPLIES MAR SVC BUYERS CARD-2004 L1Q #2 SECURITY SYSTE ADDL SECURITY SYSTE 3/11/2004 458588 3/11/2004 83223162 3/11/2004 376646-00 3/11/2004 376686-00 3/11/2004 376686-00 3/11/2004 59071 3/11/2004 0744237-1 3/18/2004 3/18/2004 109121 3/18/2004 109122 3/18/2004 13485/135 3/18/2004 13485/135 3/18/2004 376864-00 3/18/2004 379595-00 3/1812004 379643-00 3/18/2004 379643-00 3/18/2004 379643-00 3/18/2004 030204 3/18/2004 030204 3/18/2004 325790 3/18/2004 1387-968- 3/23/2004 38129600 3/23/2004 38138300 3/23/2004 38160100 3/23/2004 38185600 3/2312004 28781400 3/23/2004 28781400 3/23/2004 28811600 3/23/2004 28811600 3/23/2004 28873000 3/23/2004 28933100 3/23/2004 254361 3/23/2004 254361 3/23/2004 255270 3/2312004 256166 3/23/2004 221791 3/23/2004 221883 3/23/2004 852897 3/23/2004 852897 3/23/2004 852911 3/23/2004 852939 3/23/2004 856404 . . Check # Vendor Name Description Check Date Invoice # Amount 37150 GRIGGS, COOPER & CO 3/23/2004 856410 $468.36 37150 GRIGGS, COOPER & CO 3/23/2004 859467 $2,496.53 37150 GRIGGS, COOPER & CO 3/23/2004 859486 $1,171.24 37153 JOHNSON BROS LIQUO 3/23/2004 1686514 $2,731.30 37153 JOHNSON BROS L1QUO 3/23/2004 1686514 $1,070.73 37153 JOHNSON BROS L1QUO 3/23/2004 1689665 $651.40 37153 JOHNSON BROS L1QUO 3/23/2004 1689665 $123.16 37153 JOHNSON BROS L1QUO 3/23/2004 1692763 $3,190.36 37153 JOHNSON BROS L1QUO 3/23/2004 1692764 $568.15 37153 JOHNSON BROS L1QUO 3/23/2004 242582 ($43.61 ) 37153 JOHNSON BROS L1QUO 3/23/2004 242583 ($49.59) 37153 JOHNSON BROS L1QUO 3/23/2004 242584 ($6.31 ) 37154 MARK VII 3/23/2004 638653 $1,724.10 37154 MARK VII 3/23/2004 638654 $28.00 37154 MARK VII 3/23/2004 641028 $1,538.90 37154 MARK VII 3/23/2004 641029 $132.00 37154 MARK VII 3/23/2004 641030 $23.00 37154 MARK VII 3/23/2004 643374 $1,238.65 37154 MARK VII 3/23/2004 643375 $67.00 . 37156 MIDWEST TAPE & RIBB REGISTER TAPE ADVERT 3/23/2004 4188 $225.00 37160 PAUSTIS WINE COMPAN 3/23/2004 8029148 $250.50 37160 PAUSTIS WINE COMPAN 3/23/2004 8029805 $320.00 37160 PAUSTIS WINE COMPAN 3/23/2004 8030336 $162.23 37161 PHILLIPS WINE & SPIRIT 3/23/2004 2043993 $74.40 37161 PHILLIPS WINE & SPIRIT 3/23/2004 2043994 $2,658.66 37161 PHILLIPS WINE & SPIRIT 3/23/2004 2043994 $137.23 37161 PHILLIPS WINE & SPIRIT 3/23/2004 2046383 $1,450.85 37161 PHILLIPS WINE & SPIRIT 3/23/2004 2048670 $182.00 37161 PHILLIPS WINE & SPIRIT 3/23/2004 2048671 $1 ;593.65 37161 PHILLIPS WINE & SPIRIT 3/23/2004 2048671 $1,231.76 37163 THORPE DISTRIBUTING 3/23/2004 326468 $921.55 37163 THORPE DISTRIBUTING 3/23/2004 326468 $13.45 37163 THORPE DISTRIBUTING 3/23/2004 327069 $1,297.00 37163 THORPE DISTRIBUTING 3/23/2004 32n61 $3,374.20 37165 WINE COMPANY (THE) 3/23/2004 22964-00 $178.70 37165 WINE COMPANY (THE) 3/23/2004 23844-00 $518.70 . 37166 WINE MERCHANTS 3/23/2004 92145 $331.00 37167 WORLD CLASS WINES, 1 3/23/2004 147089 $112.00 TOTAL FOR 641 SHOREWOOD PLAZA liQUOR $59,850.22 37094 HERMEL WHOLESALE 3/11/2004 458587 $30.72 37094 HERMEL WHOLESALE 3/11/2004 458587 $295.00 37094 HERMEL WHOLESALE 3/11/2004 458861 ($53.~0) 37099 MIDWEST COCA-COLA B 3/11/2004 83223121 $116.40 37111 QUALITY WINE & SPIRIT 3/1112004 376648-00 $237.45 37111 QUALITY WINE & SPIRIT 3/11/2004 376685-00 $216.67 37111 QUALITY WINE & SPIRIT 3/11/2004 376685-00 $182.16 37113 SHOREWOOD TRUE VAL ICE MELT 3/11/2004 58869 $10.64 37119 ARCTIC GLACIER INC 3/18/2004 46340680 $18.36 37122 EAST SIDE BEVERAGE 3/18/2004 221736 $21.40 37122 EAST SIDE BEVERAGE 3/18/2004 221736 $1,798.45 37128 MARLIN'S TRUCKING 3/18/2004 13484/135 $42.30 37128 MARLIN'S TRUCKING 3/18/2004 13484/135 $42.30 37130 QUALITY WINE & SPIRIT 3/18/2004 379594-00 $316.60 37130 QUALITY WINE & SPIRIT 3/18/2004 379642-00 $102.96 37130 QUALITY WINE & SPIRIT 3/18/2004 379642-00 $560.24 Check # Vendor Name Description Check Date Invoice # Amount 37133 SAM'S CLUB 3/18/2004 030204 $32.35 37133 SAM'S CLUB 3/18/2004 030204 $12.02 37138 TRI COUNTY BEVERAGE 3/18/2004 150099 $53.40 37142 BELLBOY BAR SUPPLY 3/23/2004 38185500 $7.24 37142 BELLBOY BAR SUPPLY 3/23/2004 38185500 $46.56 37143 BELLBOY CORPORATIO 3/23/2004 28811500 $890.20 37143 BELLBOY CORPORA TIO 3/23/2004 28811500 $421.00 37143 BELLBOY CORPORA TIO 3/23/2004 28873100 $778.75 37143 BELLBOY CORPORATIO 3/23/2004 28932900 $357.00 37145 DAY DISTRIBUTING 3/23/2004 254360 $389.75 37145 DAY DISTRIBUTING 3/23/2004 255268 $16.90 37145 DAY DISTRIBUTING 3/23/2004 255268 $184.85 37145 DAY DISTRIBUTING 3/23/2004 256165 $321.50 37145 DAY DISTRIBUTING 3/23/2004 256165 $19.80 37148 EAST SIDE BEVERAGE 3/23/2004 221792 $697.50 37148 EAST SIDE BEVERAGE 3/23/2004 221793 $876.40 37148 EAST SIDE BEVERAGE 3/23/2004 221908 $32.10 37148 EAST SIDE BEVERAGE 3/23/2004 221908 $1,449.35 37150 GRIGGS, COOPER & CO 3/23/2004 852895 $651.52 37150 GRIGGS, COOPER & CO 3/23/2004 852938 $341.29 . 37150 GRIGGS, COOPER & CO 3/23/2004 856403 $620.83 37150 GRIGGS, COOPER & CO 3/23/2004 856409 $468.94 37150 GRIGGS, COOPER & CO 3/23/2004 859466 $1,420.46 37150 GRIGGS, COOPER & CO 3/23/2004 859487 $641.76 37153 JOHNSON BROS L10UO 3/23/2004 1686513 $6.90 37153 JOHNSON BROS L10UO 3/2312004 1686513 $680.40 37153 JOHNSON BROS LIOUO 3/23/2004 1689663 $67.25 37153 JOHNSON BROS LIOUO 3/23/2004 1689663 $344.65 37153 JOHNSON BROS L10UO 3/23/2004 1689664 $26.00 37153 JOHNSON BROS L10UO 3/23/2004 1692762 $711.91 37153 JOHNSON BROS L10UO 3/23/2004 1692762 $2,141.80 37154 MARK VII 3/23/2004 638663 $1,822.55 37154 MARK VII 3/23/2004 641037 $511.10 37154 MARK VII 3/23/2004 641038 $24.00 37154 MARK VII 3/23/2004 643381 $179.95 37156 MIDWEST TAPE & RIBB REGISTER TAPE ADVERT 3/23/2004 4188 $225.00 37160 PAUSTIS WINE COMPAN 3/23/2004 8029147 $217.50 . 37160 PAUSTIS WINE COMPAN 3/23/2004 8030335 $220.00 37161 PHILLIPS WINE & SPIRIT 3/23/2004 2043992 $14.12 37161 PHILLIPS WINE & SPIRIT 3/23/2004 2043992 $1,108.65 37161 PHILLIPS WINE & SPIRIT 3/23/2004 2046381 $34.86 37161 PHILLIPS WINE & SPIRIT 3/23/2004 2046381 $1,357.50 37161 PHILLIPS WINE & SPIRIT 3/23/2004 2046551 $430.40 37161 PHILLIPS WINE & SPIRIT 3/23/2004 2048669 $934.50 37161 PHILLIPS WINE & SPIRIT 3/23/2004 2048669 $919.20 37161 PHILLIPS WINE & SPIRIT 3/23/2004 3295053 ($4.89) 37163 THORPE DISTRIBUTING 3/23/2004 275432 $214.00 37163 THORPE DISTRIBUTING 3/23/2004 326465 $13.45 37163 THORPE DISTRIBUTING 3/23/2004 326465 $2,040.92 37163 THORPE DISTRIBUTING 3/23/2004 327007 $35.80 37163 THORPE DISTRIBUTING 3/23/2004 327065 $36.35 37163 THORPE DISTRIBUTING 3/23/2004 327065 $1,385.70 37163 THORPE DISTRIBUTING 3/23/2004 327760 $3,473.30 37165 WINE COMPANY (THE) 3/23/2004 22965-00 $218.70 ::l7166 WINE MERCHANTS 3/23/2004 92144 $1,242.00 Check Approval List for 3/22/04 Council Meeting Check # Vendor Name Description Check Date Invoice # Amount 37086 ADVANCED IMAGING SO MAR CONTRACT SVC 3/11/2004 16016 $171.00 TOTAL FOR ADVANCED IMAGING SOLUTIONS INC $171.00 37087 AFSCME COUNCIL 14 MAR UNION DUES 3/11/2004 $198.10 TOTAL FOR AFSCME COUNCIL 14 $198.10 37088 COMMUNITY REC RESO FEB CONTRACT SVC 3/11/2004 14 $720.00 TOTAL FOR COMMUNITY REC RESOURCES $720.00 37089 CULLIGAN BOTTLED WA 3/11/2004 114X2929 $31.92 TOTAL FOR CULUGAN BOTTLED WATER $31.92 37090 EDINA COURIERS LLC PKG TO WSB 3/11/2004 70891 $37.10 TOTAL FOR EDINA COURIERS LLC $37.10 37091 G & K SERVICES 3/11/2004 022704 $539.14 TOTAL FOR G & K SERVICES $539.14 37092 HENN CTY TREASURER PID BOOKS 3/11/2004 $104.31 TOTAL FOR HENN CTY TREASURER $104.31 37093 HENNEPIN COUNTY TRE PID FILE TO WSB 3/11/2004 $200.00 . TOTAL FOR HENNEPIN COUNTY TREASURER $200.00 37094 HERMEL WHOLESALE 3/11/2004 458587 $30.72 37094 HERMEL WHOLESALE 3/11/2004 458587 $295.00 37094 HERMEL WHOLESALE 3/11/2004 458588 $207.80 37094 HERMEL WHOLESALE 3/11/2004 458861 ($53.80) TOTAL FOR HERMEL WH01...ESALE $479.72 37095 ICMA RETIREMENT TRU PAYROLL DEDUCTS 3/9/0 3/11/2004 302131-03 $974.68 TOTAL FOR ICMA RETIREMENT TRUST-457 $974.68 37096 KINKO'S WATER SYS HALF SECT 3/11/2004 06210004 $102.19 37096 KINKO'S WATER SYS HALF SECTI 3/11/2004 06210004 $10.52 37096 KINKO'S WATER SYS MAPS 3/11/2004 06210004 $12.55 37096 KINKO'S BARRINGTON PROJ COPI 3/11/2004 06210004 $19.96 37096 KINKO'S ELECTION PRECINCT MA 3/11/2004 06210004 $15.36 37096 KINKO'S 3/11/2004 06210004 $62.57 37096 KINKO'S 3/11/2004 07700000 $21.47 . TOTAL FOR KINKO'S $244.62 37097 LEAGUE OF MN CITIES 2004 STATE OF CITIES M 3/11/2004 1-0000162 $70.00 TOTAL FOR LEAGUE OF MN CITIES $70.00 37098 METRO COUNCIL ENVIR FEB SAC REPT 3/11/2004 $1,336.50 TOTAL FOR METRO COUNCIL ENVIRONMENT $1,336.50 37099 MIDWEST COCA-COLA B 3/11/2004 83223121 $116.40 37099 MIDWEST COCA-COLA B 3/11/2004 83223162 $232.05 TOTAL FOR MIDWEST COCA-COLA BOTTUN $348.45 37100 MINNETONKA-CITY OF 5350 VINE HILL RD WATE 3/11/2004 $28.45 37100 MINNETONKA-CITY OF 5366 VINE HILL WA CHG 3/11/2004 $28.45 TOTAL FOR MINNETONKA-CITY OF $56.90 37101 MN CHILD SUPPORT PM CHILD SUPPORT - C SCH 3/11/2004 $193.35 TOTAL FOR MN CHIW SUPPORT PMT CTR $193.35 37102 MN SUN PUBLICATIONS SHOREWOOD SIGNS 3/11/2004 670439 $53.62 37102 MN SUN PUBLICATIONS THISS VARIANCE 3/11/2004 670440 $50.05 TOTAL FOR MN SUN PUBUCATIONS $103.67 37103 NGUYEN, MICHELLE FEB MILEAGE 3/11/2004 $23.63 Check # Vendor Name Description Check Date Invoice # Amount TOTAlJ FOR NGUYEN, MICHELIJE $23.63 37104 NORTHERN TOOL & EQ HITCH/PARTS FOR UTILI 3/11/2004 09569263 $71.31 TOTAL FOR NORTHERN TOOL & EQUIP CO $71.31 37105 PANCHYSHYN, JEAN COUNCIL MTG DINNER 3/ 3/11/2004 $38.23 TOTAL FOR PANCHYSHYN, JEAN $38.23 37106 PAWS, CLAWS & HOOV MARCH SVC 3/11/2004 $399.38 TOTAL FOR PA WS, CLA WS & HOOVES PET $399.38 37107 PAZANDAK, JOSEPH MILEAGE 2/23 - 3/5/04 3/11/2004 $77.63 TOTAL FOR PAZANDAK, JOSEPH $77.63 37108 PERA PAYROLL DEDUCTIONS 3 3/11/2004 762400-03 $2,329.84 37108 PERA PAYROLL DEDUCTIONS 3 3/11/2004 762400-03 $2,526.25 TOTAL FOR PERA $4,856.09 37109 PETTY CASH REIMBURSE PETTY CAS 3/11/2004 $10.00 TOTAL FOR PETTY CASH $10.00 37110 PITNEY-BOWES INC. INK CARTRIDGE 3/11/2004 573261 $76.46 TOTAL FOR PITNEY-BOWES INC. $76.46 . 37111 QUALITY WINE & SPIRIT 3/11/2004 376646-00 $534.25 37111 QUALITY WINE & SPIRIT 3/11/2004 376648-00 $237.45 37111 QUALITY WINE & SPIRIT 3/11/2004 376685-00 $182.16 37111 QUALITY WINE & SPIRIT 3/11/2004 376685-00 $216.67 37111 QUALITY WINE & SPIRIT 3/11/2004 376686-00 $338.85 37111 QUALITY WINE & SPIRIT 3/11/2004 376686-00 $612.83 TOTAL FOR QUALITY WINE & SPIRITS CO $2,122.21 37112 RANDALL, DANIEL GAS FOR CITY TRUCK 3/11/2004 $25.00 TOTAL FOR RANDALL, DANIEL $25.00 37113 SHOREWOOD TRUE VAL ICE MELT 3/11/2004 58869 $10.64 37113 SHOREWOOD TRUE VAL SUPPLIES 3/11/2004 59071 $2.12 TOTAL FOR SHORE WOOD TRUE VALUE $12.76 37114 STAR GROUP LLC SHOP SUPPLIES 3/11/2004 84155 $10.21 TOTAL FOR STAR GROUP LLC $10.21 37115 SUN PATRIOT NEWSPA ORDINANCE 410 3/11/2004 938-04 $97.51 TOTAL FOR SUN PATRIOT NEWSPAPERS INC $97.51 . 37116 WASTE MANAGEMENT MAR SVC 3/11/2004 0744237-1 $116.96 37116 WASTE MANAGEMENT MAR SVC 3/11/2004 0744238-1 $232.59 TOTAL FOR WASTE MANAGEMENT $349.55 37117 ALCOHOL & GAMBLING BUYERS CARD-2004 3/18/2004 $20.00 TOTAL FOR ALCOHOL & GAMBLING ENFORCEMENT $20.00 37118 ANDERSON, KRISTI B. PK COMMISSION MTG 3/18/2004 $200.00 TOTAL FOR ANDERSON, KRIST I B. $200.00 37119 ARCTIC GLACIER INC 3/18/2004 46340680 $18.36 TOTAL FOR ARCTIC GLACIER INC $18.36 37120 BKV GROUP ADDL SPACE NEEDS EXP 3/18/2004 20960A $2.10 37120 BKV GROUP ADDL SPACE NEEDS EXP 3/18/2004 21oo7A $76.28 TOTAL FOR BKV GROUP $78.38 37121 BURTON, BONNIE FEB/MAR MILEAGE & EX 3/18/2004 $65.56 TOTAL FOR BURTON, BONNIE $65.56 37122 EAST SIDE BEVERAGE 3/18/2004 221736 $1,798.45 37122 EAST SIDE BEVERAGE 3/18/2004 221736 $21.40 TOTAL FOR EAST SIDE BEVERAGE COMPAN $1,819.85 Check# Vendor Name Description Check Date Invoice # Amount 37123 FRONTIER ELECTRIC DISCONNECT WARMING 3/18/2004 28985 $70.00 TOTAL FOR FRONTIER ELECTRIC $70.00 37124 GATHERINGS AT EXCEL R. MARRON FLOWERS 3/18/2004 357 $56.98 TOTAL FOR GATHERINGS AT EXCELSIOR FLORIS $56.98 37125 GSSC L1Q #2 SECURITY SYSTE 3/18/2004 109121 $8,429.84 37125 GSSC ADDL SECURITY SYSTE 3/18/2004 109122 $634.50 TOTAL FOR GSSC $9,064.34 37126 MAMA 2004 LABOR RELATIONS 3/18/2004 $2,830.00 TOTAL FOR MAMA $2,830.00 37127 MAMA 2/19 LUNCHEON 3/18/2004 909A $18.00 TOTAL FOR MAMA $18.00 37128 MARLIN'S TRUCKING 3/18/2004 13484/135 $42.30 37128 MARLIN'S TRUCKING 3/18/2004 13484/135 $42.30 37128 MARLIN'S TRUCKING 3/18/2004 13485/135 $82.35 37128 MARLIN'S TRUCKING 3/18/2004 13485/135 $82.35 TOTAL FOR MARUN'S TRUCKING $249.30 37129 MIDWEST MAILING SYS MARCH NEWSLETTER 3/18/2004 57501 $336.88 TOTAL FOR MIDWEST MAIUNG SYSTEMS INC $336.88 37130 QUALITY WINE & SPIRIT 3/18/2004 376864-00 ($132.24) 37130 QUALITY WINE & SPIRIT 3/18/2004 379594-00 $316.60 37130 QUALITY WINE & SPIRIT 3/18/2004 379595-00 $197.90 37130 QUALITY WINE & SPIRIT 3/18/2004 379642-00 $102.96 37130 QUALITY WINE & SPIRIT 3/18/2004 379642-00 $560.24 37130 QUALITY WINE & SPIRIT 3/1812004 379643-00 $79.20 37130 QUALITY WINE & SPIRIT 3/18/2004 379643-00 $1,765.83 37130 QUALITY WINE & SPIRIT 3/18/2004 379643-00 ' $37.32 TOTAL FOR QUAUTY WINE & SPIRITS CO $2,927.81 37131 QWEST 3/18/2004 $99.05 37131 QWEST 3/18/2004 $261.99 TOTAL FOR QWEST $361.04 37132 RUMPCA CO INC JAN BRUSH DISPOSAL 3/18/2004 1942 $400.00 TOTAL FOR RUMPCA CO INC $400.00 37133 SAM'S CLUB 3/18/2004 030204 $83.36 37133 SAM'S CLUB 3/18/2004 030204 $32.35 37133 SAM'S CLUB 3/18/2004 030204 $32.35 37133 SAM'S CLUB 3/18/2004 030204 $12.02 37133 SAM'S CLUB 3/18/2004 030204 $12.02 TOTAL FOR SAM'S CLUB $172.10 37134 SBC PAGING PAGER 3/18/2004 52006803 $25.75 TOTAL FOR SBC PAGING $25.75 37135 STUDER, PEGGY REF RET'D METER PART 3/18/2004 $115.00 TOTAL FOR STUDER, PEGGY $115.00 37136 TECHIES MAR SVC 3/18/2004 174700 $500.00 TOTAL FOR TECHIES $500.00 37137 THORPE DISTRIBUTING 3/18/2004 325790 $629.28 TOTAL FOR THORPE DISTRIBUTING COMPA $629.28 37138 TRI COUNTY BEVERAGE 3/18/2004 150099 $53.40 TOTAL FOR TRI COUNTY BEVERAGE & SUPP1JY $53.40 37139 WM. MUELLER & SONS, I SAND 3/18/2004 88814 $817.32 37139 WM. MUELLER & SONS, I SAND 3/18/2004 88815 $831.15 CTh~':;d~;;"M~';~Iz"'18~~2004"""':- "'"..,,""'"'''' ,'"",,,,,,,,,,;,,,,.,,,,,,,,,,,.,,,:,'''-<.':,".: ; "\;:$.:.~:~'!^'.~~ ':,;':(\X~ !i;:_j~'_",.'.Y::?;:.':.":i.:;;,~_'i.;.';.:;.i'~~;'.~: :,."'; ;.-~;';'~;;"/-:'::':''':'r;'i.F__:f.:;;;'i'.::;..:.::~7;.;':'''':;:';';::~ .';:: ::;.,;:; l:~,",': F;r .C~',:!~ ;,'_.~,_:::",:~":t;~?t"'-::;;;';':~<:';,:.:i':?~.::.: ,'_!);_._~:;'J!_ ;:~~~- Page 3 of7 . . Check # Vendor Name Description Check Date Invoice # Amount TOTAL FOR WM. MUELLER & SONS, INC. $1,648.47 37140 XCEL ENERGY 3/18/2004 0114-707- $118.00 37140 XCEL ENERGY 3/18/2004 0727-302- $272.05 37140 XCEL ENERGY 3/18/2004 0786-015- $28.52 37140 XCEL ENERGY 3/18/2004 1300-208- $123.47 37140 XCEL ENERGY 3/18/2004 1387-968- $217.89 37140 XCEL ENERGY 3/18/2004 1477-205- $288.72 37140 XCEL ENERGY 3/18/2004 1692-607- $553.02 37140 XCEL ENERGY 3/18/2004 1765-206- $30.21 37140 XCEL ENERGY 3/18/2004 1966-609- $48.18 37140 XCEL ENERGY 3/18/2004 2052-902- $13.73 37140 XCEL ENERGY 3/18/2004 2164-107- $93.10 37140 XCEL ENERGY 3/18/2004 2270-109- $324.22 37140 XCEL ENERGY 3/1812004 2486-903- $27.49 TOTAL FOR XCEL ENERGY $2,138.60 37141 BARNES DISTRIBUTION MISC SHOP SUPPLIES 3/23/2004 33676760 $335.11 TOTAL FOR BARNES DISTRIBUTION $335.11 37142 BELLBOY BAR SUPPLY 3/23/2004 38129600 ($9.75) . 37142 BELLBOY BAR SUPPLY 3/23/2004 38138300 $34.77 37142 BELLBOY BAR SUPPLY 3/23/2004 38160100 $17.24 37142 BELLBOY BAR SUPPLY 3/23/2004 38185500 $7.24 37142 BELLBOY BAR SUPPLY 3/23/2004 38185500 $46.56 37142 BELLBOY BAR SUPPLY 3/23/2004 38185600 $73.82 TOTAL FOR BELLBOY BAR SUPPLY $169.88 37143 BELLBOY CORPORA TIO 3/23/2004 28781400 ($13.33) 37143 BELLBOY CORPORATIO 3/23/2004 28781400 ($3.13) 37143 BELLBOY CORPORA TIO 3/23/2004 28811500 $421.00 37143 BELLBOY CORPORATIO 3/23/2004 28811500 $890.20 37143 BELLBOY CORPORA TIO 3/23/2004 28811600 $1,610.43 37143 BELLBOY CORPORA TIO 3/23/2004 28811600 $2,140.00 37143 BELLBOY CORPORA TIO 3/23/2004 28873000 . $636.25 37143 BELLBOY CORPORATIO 3/23/2004 28873100 $778.75 37143 BELLBOY CORPORA T10 3/23/2004 28932900 $357.00 37143 BELLBOY CORPORA TIO 3/23/2004 28933100 $1,434.85 . TOTAL FOR BELLBOY CORPORATION $8,252.02 37144 COMMISSIONER OF TRA XMAS LK RD SIGNAL 3/23/2004 T7921300 $120.97 TOTAL FOR COMMISSIONER OF TRANSPORT $120.97 37145 DAY DISTRIBUTING 3/23/2004 254360 $389.75 37145 DAY DISTRIBUTING 3/23/2004 254361 $19.20 37145 DAY DISTRIBUTING 3123/2004 254361 $1,866.45 37145 DAY DISTRIBUTING 3/23/2004 255268 $16.90 37145 DAY DISTRIBUTING 3/23/2004 255268 $184.85 37145 DAY DISTRIBUTING 3/23/2004 255270 $1,044.55 37145 DAY DISTRIBUTING 3/23/2004 256165 $321.50 37145 DAY DISTRIBUTING 3/23/2004 256165 $19.80 37145 DAY DISTRIBUTING 3/23/2004 256166 $183.90 TOTAL FOR DAY DISTRIBUTING $4,046.90 37146 DEPT OF LABOR & INDU WOODHAVEN WELL 3/23/2004 B42351RO $10.00 TOTAL FOR DEPT OF LABOR & INDUSTRY $10.00 37147 E.H RENNER & SON'S S.E. WELL EMERGENCY 3/23/2004 69750000 $517.50 TOTAL FOR E.H RENNER & SON'S $517.50 37148 EAST SIDE BEVERAGE 3/23/2004 221791 $1,370.90 37148 EAST SIDE BEVERAGE 3/23/2004 221792 $697.50 ;;;'.,.'- ~";.:;;~--~ ,;;-;; ",.; ... , Thursday, Check # Vendor Name 37148 37148 37148 37148 37149 37150 37150 37150 37150 37150 37150 37150 37150 37150 37150 37150 37150 37150 37150 37151 37152 37153 37153 37153 37153 37153 37153 37153 37153 37153 37153 37153 37153 37153 37153 37153 37153 37154 37154 37154 37154 37154 37154 37154 37154 37154 37154 37154 Description Check Date Invoice # EAST SIDE BEVERAGE 3/23/2004 221793 EAST SIDE BEVERAGE 3/23/2004 221883 EAST SIDE BEVERAGE 3/23/2004 221908 EAST SIDE BEVERAGE 3/23/2004 221908 TOTAL FOR EAST SIDE BEVERAGE COMPAN FLAGS OVER AMERICA, FLAGS FOR CITY HALL 3/23/2004 30873 TOTAL FOR FLAGS OVER AMERICA, INC GRIGGS, COOPER & CO 3/23/2004 852895 GRIGGS, COOPER & CO 3/23/2004 852897 GRIGGS, COOPER & CO 3/23/2004 852897 GRIGGS, COOPER & CO 3/23/2004 852911 GRIGGS, COOPER & CO 3/23/2004 852938 GRIGGS, COOPER & CO 3/23/2004 852939 GRIGGS, COOPER & CO 3/23/2004 856403 GRIGGS, COOPER & CO 3/23/2004 856404 GRIGGS, COOPER & CO 3/23/2004 856409 GRIGGS, COOPER & CO 3/23/2004 856410 GRIGGS, COOPER & CO 3/23/2004 859466 GRIGGS, COOPER & CO 3/23/2004 859467 GRIGGS, COOPER & CO 3/23/2004 859486 GRIGGS, COOPER & CO 3/23/2004 859487 TOTAL FOR GRIGGS, COOPER & COMPANY HACH COMPANY WATER CHEMICALS 3/23/2004 3n2988 TOTAL FOR HACH COMPANY HENNEPIN COUNTY TRE 2004 HAZARDOUS WAST 3/23/2004 037609 TOTAL FOR HENNEPIN COUNTY TREASURER JOHNSON BROS UOUO 3/23/2004 1686513 JOHNSON BROS UOUO 3/23/2004 1686513 JOHNSON BROS UOUO 3/23/2004 1686514 JOHNSON BROS UOUO 3/23/2004 1686514 JOHNSON BROS UOUO 3/23/2004 1689663 JOHNSON BROS UOUO 3/23/2004 1689663 JOHNSON BROS UOUO 3/23/2004 1689664 JOHNSON BROS UOUO 3/23/2004 1689665 JOHNSON BROS UOUO 3/23/2004 1689665 JOHNSON BROS UOUO 3/23/2004 1692762 JOHNSON BROS LIOUO 3/23/2004 1692762 JOHNSON BROS UOUO 3/23/2004 1692763 JOHNSON BROS UOUO 3/23/2004 1692764 JOHNSON BROS UOUO 3/23/2004 242582 JOHNSON BROS UOUO 3/23/2004 242583 JOHNSON BROS L10UO 3/23/2004 242584 TOTAL FOR JOHNSON BROS UQUOR CO. MARK VII MARK VII MARK VII MARK VII MARK VII MARK VII MARK VII MARK VII MARK VII MARK VII MARK VII 3/23/2004 638653 3/23/2004 638654 3/23/2004 638663 3/23/2004 641028 3/23/2004 641029 3/23/2004 641030 3/23/2004 641037 3/23/2004 641038 3/23/2004 643374 3/23/2004 643375 3/23/2004 643381 Amount $876.40 $723.60 $32.10 $1,449.35 $5,149.85 $78.00 $78.00 $651.52 $25.95 $926.10 $40.45 $341.29 $354.16 $620.83 $1,084.11 $468.94 $468.36 $1,420.46 $2,496.53 $1,171.24 $641.76 $10,711.70 $44.58 $44.58 $247.90 $247.90 $6.90 $680.40 $1,070.73 $2,731.30 $67.25 $344.65 $26.00 $123.16 $651.40 $711.91 $2,141.80 $3,190.36 $568.15 ($43.61) ($49.59) ($6.31) $12,214.50 $1,724.10 $28.00 $1 ,822.55 $1,538.90 $132.00 $23.00 $511.10 $24.00 $1,238.65 $67.00 $179.95 l",,:::t."':,',~::_..r :;'. (',"-.'; ~--~-:J<~'~f':~.::-:'i,:::; \.';''"_'_:;:_,!-1:!;::1.0';'';~;:'-;'~-::.,~I.i!, "-:;::!!ti:'::',:,:f!::';;":,',",,.,,;;; "-":_::'~::-:7~,~;:~_;:;_'_" ': \1:;:;";:".,2,.~;_~":'~ ~.~;;'..: '-':' :", ;~',:..,-::-V:';-~,'-'ct:':'."'~.,o;:~~,;:,::,.:,0.:,J.-:s,;:h,~'d,::: ~,,%':: ,:;:.~;^~: ':7~";'/J.~_~:f:~;;";:,)'{-;~.:_'.:~-":';:.' ;~:'_~':;,"',. '-."':;::::;~.J;::~~;',;: 4!_:.~w.:'E',~~'K.;;:'::~L-r..: <_~:.,::,:, :'i _:< ';f' .:::.';~ Thursday, March 18, 2004 Page 50f7 . . Check# Vendor Name Description Check Date Invoice # Amount TOTAL FOR MARK VII $7,289.25 37155 METRO COUNCIL ENVIR APRIL WASTEWATER 3/23/2004 770966 $26,907.20 TOTAL FOR METRO COUNCIL ENVIRONMENT $26,907.20 37156 MIDWEST TAPE & RIBB REGISTER TAPE ADVERT 3/23/2004 4188 $225.00 37156 MIDWEST TAPE & RIBB REGISTER TAPE ADVERT 3/23/2004 4188 $225.00 TOTAL FOR MIDWEST TAPE & RIBBON $450.00 37157 MN DEPT OF REVENUE 2003 HAZ WASTE BASE T 3/23/2004 2003 $50.00 TOTAL FOR MN VEPT OF REVENUE $50.00 37158 OFFICE DEPOT 3/23/2004 23572340 $265.22 37158 OFFICE DEPOT 3/23~004 23604364 ($148.31) 37158 OFFICE DEPOT 3/23/2004 23799924 $80.18 37158 OFFICE DEPOT 3/23/2004 23799924 $22.65 37158 OFFICE DEPOT 3/23/2004 23799924 $6.72 37158 OFFICE DEPOT m3/2004 23799924 $4.92 37158 OFFICE DEPOT 3/23~004 23903306 $60.44 TOTAL FOR OFFICE DEPOT $291.82 37159 ORONO, CITY OF MAR ANIMAL CONTROL 3/23/2004 20040029 $1 ,626.45 . TOTAL FOR ORONO, CITY OF $1,626.45 37160 PAUSTIS WINE COMPAN 3/23/2004 8029147 $217.50 37160 PAUSTIS WINE COMPAN m3/2004 8029148 $250.50 37160 PAUSTIS WINE COMPAN 3/23/2004 8029805 $320.00 37160 PAUSTIS WINE COM PAN 3/23/2004 8030335 $220.00 37160 PAUSTIS WINE COMPAN 3/23/2004 8030336 $162.23 TOTAL FOR PAUSTIS WINE COMPANY $1,170.23 37161 PHILLIPS WINE & SPIRIT 3/23/2004 2043992 $1,108.65 37161 PHILLIPS WINE & SPIRIT 3/23/2004 2043992 $14.12 37161 PHILLIPS WINE & SPIRIT m3/2004 2043993 $74.40 37161 PHILLIPS WINE & SPIRIT m3/2004 2043994 $2,658.66 37161 PHILLIPS WINE & SPIRIT 3/23/2004 2043994 $137.23 37161 PHILLIPS WINE & SPIRIT 3/23/2004 2046381 $34.86 37161 PHILLIPS WINE & SPIRIT 3/23/2004 2046381 $1,357.50 37161 PHILLIPS WINE & SPIRIT 3/23/2004 2046383 $1,450.85 37161 PHILLIPS WINE & SPIRIT 3/23/2004 2046551 $430.40 . 37161 PHILLIPS WINE & SPIRIT 3~312004 2048669 $919.20 37161 PHILLIPS WINE & SPIRIT 3/23~004 2048669 $934.50 37161 PHILLIPS WINE & SPIRIT. 3/23/2004 2048670 $182.00 37161 PHILLIPS WINE & SPIRIT m3/2004 2048671 $1,231.76 37161 PHILLIPS WINE & SPIRIT 3/23/2004 2048671 $1,593.65 37161 PHILLIPS WINE & SPIRIT 3/23/2004 3295053 ($4.89) TOTAL FOR PHILLIPS WINE & SPIRITS $12,122.89 37162 SO LK MTKA POLICE DE RESERVE OFFICER FUN 3/23/2004 $450.00 TOTAL FOR SO LK MTKA POLICE VEPT $450.00 37163 THORPE DISTRIBUTING 3~3/2OO4 275432 $214.00 37163 THORPE DISTRIBUTING 3/23/2004 326465 $13.45 37163 THORPE DISTRIBUTING 3~3/2oo4 326465 $2,040.92 37163 THORPE DISTRIBUTING 3~3/2004 326468 $921.55 37163 THORPE DISTRIBUTING 3~3/2oo4 326468 $13.45 37163 THORPE DISTRIBUTING 3/23/2004 327007 $35.80 37163 THORPE DISTRIBUTING 3123/2004 327065 $36.35 37163 THORPE DISTRIBUTING 3~3/2004 327065 $1,385.70 37163 THORPE DISTRIBUTING m3/2004 327069 $1,297.00 37163 THORPE DISTRIBUTING 3/23/2004 327760 $3,473.30 37163 THORPE DISTRIBUTING 3~3/2004 327761 $3,374.20 ,;-.,:, :" ~,'.~ ;',:,'-';:-: ,'~, '/':.::: :")<3G'!,,,'^~~:;q':;'I'" -;';'.~.:~,'__!::1'~'::; ,:,,,':,,', ~',",.:~~ ~~ ,;'./ Thursday, March 18, 2004 :"''-::; ..'"il::' ~i; c.>:" '-,.:.:..\:. '. ;,..: ~; 1;,:,,' ,; --<.".'?7,.:,>~:,,'." "', ;:c' :,; ::::'':'' ~;,~'~~~ -;.:,..-- , . 'n^ ~.' ,,:,,' ,,:;'~: ,.< :", ., ,':'::;::.' ~;:-i ~ --;.:'. .~.~ '.<i. ;.J.}::r::'7:~,:::.n~,';:.',:.;!.',,!:;:!,~,?.?,R:,'oi!',;;~r,::.":;';::];:::::::;;;:;~'J ,>~,;""" i~" :-.{" 'j, ;e~;:,.~;,',' ~'< Page 70f7 Check # Vendor Name Description Check Date Invoice # Amount TOTAL FOR THORPE DISTRIBUTING COMPA $12,805.72 37164 TWIN CITY WATER CLlNI FEB BACTERIA ANAL YSI 3/23/2004 27 $60.00 TOTAL FOR TWIN CITY WATER CliNIC $60.00 37165 WINE COMPANY (THE) 3/23/2004 22964-00 $178.70 37165 WINE COMPANY (THE) 3/23/2004 22965-00 $218.70 37165 WINE COMPANY (THE) 3/23/2004 23844-00 $518.70 TOTAL FOR. WINE COMPANY (THE) $916.10 37166 WINE MERCHANTS 3/23/2004 92144 $1,242.00 37166 WINE MERCHANTS 3/23/2004 92145 $331.00 TOTAL FOR WINE MERCHANTS $1,573.00 37167 WORLD CLASS WINES, I 3/23/2004 147089 $112.00 TOTAL FOR WORLD CLASS WINES,INC $112.00 37169 XCEL ENERGY 3/23/2004 0074-000- $8.06 37169 XCEL ENERGY 3/23/2004 0145-009- $27.90 37169 XCEL ENERGY 3/23/2004 0191-308- $21.40 37169 XCEL ENERGY 3/23/2004 0208-203- $7.38 37169 XCEL ENERGY 3/23/2004 0234-748- $7.53 37169 XCELENERGY 3123/2004 0326-600- $33.98 . 37169 XCEL ENERGY 3/23/2004 0408-607- $59.85 37169 XCEL ENERGY 3/2312004 0615-308- $3.14 37169 XCEL ENERGY 3/23/2004 0640-202- $16.29 37169 XCEL ENERGY 3/23/2004 0675-505- $18.17 37169 XCEL ENERGY 3/23/2004 0942-567- $37.46 37169 XCEL ENERGY 3/23/2004 1285-101- $16.99 37169 XCEL ENERGY 3/23/2004 1350-001- $44.69 37169 XCEL ENERGY 3/23/2004 1351-508- $337.89 37169 XCELENERGY 3/23/2004 1373-808- $7.93 37169 XCELENERGY 3/2312004 1440-708- $249.19 37169 XCEL ENERGY 3/23/2004 1541-203- $140.45 37169 XCEL ENERGY 3/23/2004 1564-303- $8.40 37169 XCELENERGY 3/23/2004 1605-305- $16.66 37169 XCELENERGY 3/23/2004 1641-408- $53.39 37169 XCEL ENERGY 3/23/2004 1724-866- $24.47 37169 XCEL ENERGY 3/23/2004 1732-704- $2,406.73 37169 XCELENERGY 3/23/2004 1 TI6-835- $87.69 . 37169 XCELENERGY 3/23/2004 2001-503- $21.20 37169 XCEL ENERGY 3/23/2004 2095-300- $1 ,531.85 37169 XCEL ENERGY 3/2312004 2397-003- $15.23 TOTAL FOR XCEL ENERGY $5,203.92 TOTAL CHECKS $150,706.02 PAYROLL APPROVALS For 3/22/04 Council Meeting . Prepared by: (l~ CM.v Catherine EIke, Sr. Accountant Reviewed by: L~. Bonnie Burton, F- ance Director Approved by: Crai wson, City Administrator . Date: .3 - / f' -01- Date:~aki Date: 0318- (jf Wednesday, March 17, 2004 Page 1 of2 Payroll Register Check # Last Name First Name MI Check Amt Check Date 2650 BAILEY BOYD C 1,410.09 3/9/2004 2651 BURTON BONNIE M 1,785.91 3/912004 2652 DAVIS CHARLES S 1,026.78 3/912004 2653 EISCHENS JAMES E 907.70 3/9/2004 2654 ELKE CATHERINE M 967.31 31912004 2655 FASCHING PATRICIA L 849.20 3/912004 2656 FIELD DALE F 706.74 3/912004 2657 GROUT TWILA R 922.31 3/912004 2658 HIRSCH DANA M 137.05 3/9/2004 2659 JOHNSON DENNIS D 1,084.45 3/9/2004 2660 LUGOWSKI JOSEPH P 1,215.97 3/9/2004 2661 MASON BRADLEY J 1,002.59 3/912004 2662 MOORE JULIE K 134.07 3/9/2004 2663 NGUYEN MICHELLE T 769.50 3/912004 . 2664 NIELSEN BRADLEY J 1,147.49 319/2004 2665 PANCHYSHY JEAN M 1,469.49 3/912004 2666 PAZANDAK JOSEPH E 1,505.21 3/912004 2667 RANDALL DANIEL J 1,565.70 3/9/2004 2668 SCHMID CHRISTOPHER E 719.82 31912004 2669 STARK BRUCE H 1,242.85 3/9/2004 2670 SW ANDBY DONALD R 1,376.86 3/9/2004 2671 TOWER TERRY R 1,044.01 3/9/2004 218130 ARMSTRON MICHAEL R 270.86 3/9/2004 218131 ARUNDEL JAMIE M 64.71 3/9/2004 218132 BROWN LAWRENCE A 2,063.45 3/912004 218133 DA VITCH JOSHUA R 113.89 3/9/2004 218134 DAWSON CRAIG W 1,855.38 3/9/2004 . 218135 DUFFY DAVID C 128.26 3/912004 218136 DUNDURS KATHLEEN C 137.35 3/9/2004 218137 FARNI EDWARD C 65.81 319/2004 218138 FREIENMUT KERI J 207.65 3/912004 218139 GIESEN JON L 124.21 3/9/2004 218140 GOTTSCHAL JACOB S 80.15 3/912004 218141 GULSTRAND HANS R 52.64 3/912004 218142 HELGESEN PATRICIA R 1,184.96 3/9/2004 218143 LAUGHLIN BRANDON M 99.84 3/9/2004 218144 LOCKWOOD DAVID C 82.18 319/2004 218145 OLIVEIRA CHRISTOPHER L 173.70 3/9/2004 218146 OVERBECK JOHN E 269.53 319/2004 218147 PARENT MICHELLE L 446.87 3/9/2004 218148 RIESEN KARL D 176.17 3/912004 . . Check # Last Name First Name MI Check Amt Check Date 218149 SCHMIDT ALBERT J 55.41 3/912004 218150 SITTLER MICHAEL K 128.23 3/912004 218151 STEIN BENJAMIN E 72.98 3/9/2004 218152 THURSTON DOROTHY M 122.15 3/9/2004 218153 TICHY ROSS J 129.20 3/9/2004 Total of Checks $31,096.68 Wednesday, March 17,2004 Page 2 of2 CITY OF SHOREWOOD. 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128 . www.ci.shorewood.mn.us . cityhall@cLshorewood.mn.us MEMORANDUM DATE: March 12,2004 . TO: FROM: Mayor and Council Members Jean Pllllchyshyn, EXecJltive SecretarylDeputy Clerk ~ Craig W; Dawson, City Administrator Ct> Approving a Biennial Gambling Permit for the American Legion. No. 259 CC: RE: The American Legion Post No. 259 has held a Biennial Gambling License for the past several yeaTs. It is timefor them torenew their license forthe next two years, as the cutrent license expires on June 30, 2004. The State of Minnesota Gambling Control Board requires a resolution of approval from the City in which the site is location: . . As appropriate fees have been paid, and a background investigation fQl.:ID.d no violations within the past five years relating to gambling, approval of a resolution is in order. . Recommend Council Action Adoption of a Resolution Approving the Biennial Gambling License for the American Legion Post 259. =tr3~ o PRINTED ON RECYCLED PAPER . CITY OF SHOREWOOD RESOLUTION NO. 04- A RESOLUTION APPROVING A GAMBLING LICENSE WHEREAS, the Shorewood City Code, Chapter 301, provides for the licensing of certain gambling activities in the City; and WHEREAS, the City prescribes certain restrictions concerning eligibility for such licensing and application, whereby the licensee will hold the City hannless for all claims arising out of the granting of such license; and WHEREAS, the following applicant has met the eligibility requirements for such . a license and have agreed to all terms and conditions of the agreement contained in the license. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Shorewood, as follows: That a license for the conduct of gambling as specified in the terms and conditions ofthe license be issued to the American Legion Post #259,24450 Smithtown Road, Shorewood, MN, 55331, for a term beginning July 1, 2004 and ending June 30, 2006. ADOPTED BY THE CITY COUNCIL ofthe City of Shore wood this 22nd day of March 2004. WOODY LOVE, MAYOR ATTEST: CRAIG W. DAWSON, CITY ADMINISTRATOR CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128 . www.cLshorewood.mn.us · cityhall@cLshorewood.mn.us MEMORANDUM. TO: Mayor and City Council . FROM: Brad Nielsen DATE: 8 January 1998 '. RE: Appeal ~otice to Remove - Wade Kenyon FILE NO. Property (25565 Smithtown Road) . mrespohse to a Notice to Remove (see Exhibit A) that was sent to the owner of the above-referenced property, Wade Kenyon has asked for a 30-day extension to remove items in Violation of City Code (see Exhibit B). He also asks for ari additional 90 days in which he will 'use the building materials stored on the site. Staffwill inspect the property on M:onday before the meeting, and report on the status of the cleanup. If, as he says, the vehicles are all licensed and operable, it is recommended that the 30 day extension be granted. The extension for the building materials should be considered only under two conditions: 1 )the owner must apply for appropriate building permits immediately; and 2)the materials must be neatly covered with a brown tarp during the 90 days.' It is' suggested that the property be reinspected on 22 April 2004, after which the matter will be turned over to the prosecuting attorney if the appellant has failed to. comply. cc: Craig DaWSOn Tim Keane Joe pazandak Wade Kenyon n ~J PRINTED ON RECYCLED PAPER 1/:?JD CITY OF SHOREWOOD v..:..-'.....r"'"\,.."Ll ... .: ~ : . I f i :~ '/ I i!f(J'lj"" ....;\T~' ~.'-b . ".., '~,' W WOWJ 1I II n- u Q.1. 5755 COUNTRY Cl,.UB ROAD,- SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128. www.ci.shorewood.mn.us. cityhall@cLshorewood.mn.us . DATE: ,12 February 2004 TO: Wade A. and Soley Kenyon 25565 Smithtown Road Shorewood, MN 55331 PROPERTY LOCATION: 25565 Smithtown Road PROPERTY IDENTIFIC.A,TION NO.: 33-117-23-23-0027 \ \ NOTIcE TO-REMOVE Offensive and Unhealthy Substances "NotICE IS HEREBY GIVEN that there exists a condition on the abo~e referenced property which is in violation of Chapter 501, Section 501.01 of the Shorewood City Code, a copy of which Section is en~losed. The offensive matter to be removed from the property includes, but is not limited to the following: UNLICENSED'AND/OR INOPERABLE VEmCLES OR EQUIPMENT: .'. ... Lic# LNA-881 (Feb 04), black Oldsmobile Trofeo - not registered to property occupant. . Lic# ABG-017 (Aug 03), black & gray Chevrole~ Silverado - expired license. . . Lic# AKM-793 (Dec 04), maroon Oldsmobile Toronado - not registered to property. , . Lic# GTD-784 (Oct 03), gray Mazda 323,- expired license. . Lic# APW-334 (Jul 02), white Oldsmobile Tr'ofeo - damaged and inoperable, exp.license. . Ljc# :MN-9758-GX, white boat - expired license. .' Boat trailer - No license. . 'Boat trailer - No license. OTHER: . Roof flashing, roof venting, interior tables outside building, wallboard scraps, wood decking, plywood, pail, cardboard, cement boa~d, microwave, brick siding, mechanics jack, lumber, car hood, vehicle parts, vehicle seats, vehicle battery, ceramic tile, shingles and similar miscellaneous. ,. , t,~ PRINTED ON RECVCLEO PAPER ~"'bCt A. . . Wade A. and Soley Kenyon 12 Febl1lary 2004 page two You are hereby required to remove the above-described matter and any other offensive matter located on the property and in violation of Chapter 501, Section 501.01 within ten (10) days from the date h~reof. In the alternative, you may file a written notice of appeal at the Shorewood City Hall within ten (10) days, in which case your appeal will be set for hearing at the next regularly scheduled meeting of the City Council. If you do not respond to this Notice withi.11 ten (10) days, the City shall take whatever action as , may be necessary to have the offensive matter removed. The costs incurred by the City for such removal shall be charged to the property owner and become a lien against .the property. *** PLEASE GIVE TmS MATTER YOUR I.M:MEDIATE ATTENTION *** BY ORDER OF THE SHOREWOOD CITY COUNCIL ~)/~/1J1^ MAR820Q4 .~~ ~, (Ity ~)4&J~O?V " f)l?P~ ~Iil;> AAvr4-JYlJJ , 'J' " ~07t, q SMtTH f61d,J [(1.! f 49,(ewtM-P / p!/ R& ~ ~e.mR. }J;t;1 'l112/~t{ - tJe ~lole-1 tIc. - , . AJl1/el(ck5 Iv~e k /~ ~~ cM-'ab J//(~4. J f~~ "<Ir ,Ay~~lf. Att ~ ~ b~ ~ ~ ~~ 9()~" ' All, ~ ~.k~ wrltv 10~' fk ~ ~ tJt &/2 'I757tJf() ~~~tJ'l ".. xJ~ f) CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236 FAX (9!?2) 474-0128. www.cLshorewood.mn.us.cityhall@cLshorewood.mn.us MEMORANDUM DATE: March 12, 2004 .' TO: Mayor and Council Members JeanPanchyshyn, Deputy Clerk * ; Craig W. Dawson, City Administrator ~ Child Abuse Prevention .Month FROM: RE: The Initiative for Violence-Free Families is encouraging 'communities in Hennepin County to raise awareness of Child Abuse"Prevention Month. During the month of April~ family-serving agencies have been asked to place a large blue ribbon outside of their facilities to help residents recognize these facilities as a resource for strengthening parent-child relationships. . The attached resolution proclaims April as Child Abuse Prevention, Month. It encourages . awareness of child abuse and neglect and its prevention with the community, and it encourages residents to be invoived in supporting parents to raise their children in a safe, nurturing-society. Recommended Action: Approval of a Resolution Proclaiming April as Child Abuse Prevention Month *-3[ o PRINTED ON RECYCLED PAPER WHEREAS, effective child abuse prevention succeeds because of partnerships created between parents, practitioners, schools, faith communities, health care organizations, law enforcement agencies, and the business community; . CITY OF SHOREWOOD RESOLUTION NO. A RESOLUTION PROCLAIMING APRIL AS CIDLD ABUSE PREVENTION MONTH WHEREAS, child abuse prevention is a community problem and finding solutions depends on involvement among people throughout the community WHEREAS, the effects of child abuse are felt by whole communities and need to be addressed by the entire community; WHEREAS, all citizens need to be more aware of child abuse and neglect and its prevention within the community, and be involved in supporting parents to raise their children in a safe, nurturing society. NOW, THERE BE IT RESOLVED by the Shorewood City Council that the City of Shorewood hereby proclaims April as Child Abuse Prevention Month in the City of Shorewood and call upon all citizens, community agencies, religious organizations, medical facilities, and businesses to increase their participation in efforts to prevent child abuse and neglect, thereby strengthening the communities in which we live. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, this 22nd 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 DATE: March 12, 2004 TO: Mayor and Council Melllpers Jean Panchyshyn, Deputy Clerk -jJ{J Craig W. Dawson, City Administrator ~ Arbor Day Proclamation FROM: RE: The enclosed resolutionproclaims Friday, April 30, 2004, as Arbor Day, and encourages residents to observe Arbor Day by planting a tree. Recommended Action: . . Approval of a Resolution Proclaiming Arbor Day on Friday, April 30, 2004. 11- 3 f ft t..1 PRINTED ON RECYCLED PAPER NOW, THERE BE IT RESOLVED by the Shorewood City Council that the City of Shorewood hereby proclaims Friday, April 30, 2004, as the 132nd anniversary celebration of Arbor Day in the City of Shorewood, and . CITY OF SHOREWOOD RESOLUTION NO. 04- A RESOLUTION PROCLAIMING APRIL 30, 2004, AS ARBOR DAY WHEREAS, trees use up excess carbon dioxide in the atmosphere and turn it into life-giving oxygen; and WHEREAS, trees help conserve energy; that is, three properly planted trees around a home can cut air conditioning bills by ten to fifteen percent; and WHEREAS, trees turn urban "heat islands" into cool and comfortable "oasis", making the concrete jungle livable for all of us. FURTHER, that the Shorewood City Council encourages all residents of Shorewood to celebrate Arbor Day by planting a tree and thereby hoping to ensure a green Shorewood and Minnesota in decades to come. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, this 22nd day of May, 2004. ATTEST: WOODY LOVE, MAYOR . CRAIG W. DAWSON, CITY ADMINISTRATOR ~ . . . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128. www.cLshore.wood.mn.us. cityhall@cLshorewood.mn.us MEMORANDUM TO: FROM: . DATE: Mayor and City Council Craig Dawson, City Administrator Larry Brown, Director of Public W orks ~ March 17,.2004 RE: Accept Proposal for Professional Design Services, Badger Well House Engineering File 97-09 Attachment 1 is a proposal provided by WSB and Associates for the design, construction engineering and post construction services for the demo and reconstruction of the Badger Well House. This project has been recommended to the City Council as part of the 2004 - 2008 Capital Improvement Program (CIP). The proposal supplied, carries the professional services through construction and post construction services. The initial estimate of construction of such a facility is $376,000. Current design rates for consultants suggest that the design process should be approximately fifteen percent of the construction costs ($56,400) for design services, and an additional ten percent ($37,600) of construction costs for survey and construction engineering. This average equates to $94,000. The proposal provided by WSB and Associates is $85,000, which is well below the standard cost curves for this type of project. In review of the proposal and timeline, Staff is anticipating that it is probable that the design phase of the project will be completed in 2004, with construction occurring in 2005. Recommendation Staff is recommending that the proposal for professional services, by WSB and Associates for the Badger Well ReconstructIon Project, be accepted as outlined in Attachment 1 4t3G n ~.1 PRINTED ON RECYCLED PAPER . WSB & Associates, Inc. 4150 Olson Memorial Highway Suite 300 Minneapolis Minnesota 55422 763.541.4800 763.541.1700 FAX FEe 3 2004 January 30, 2004 Mr. Larry Brown City of Shorewood 5755 Country Club Road Shorewood, MN 55331-8926 Re: Estimate of Professional Service Fee for Well House Facility Design Phase, Bidding Phase, Construction Phase and Post Construction Phase Engineering Services Dear Mr. Brown: On behalf of WSB & Associates, Inc. (WSB), we are pleased to present this proposal to the City of Shorewood (City) to provide professional engineering services for a new well house facility. A delineation of tasks to be performed by WSB & Associates, Inc., or sub-consultants hired by WSB & Associates, Inc. and by the City of Shorewood follows directly. Assumptions related to these same items are also defined in a subsequent section. WSB Tasks WSB will be responsible for the following tasks: Preliminary Design . Provide site surveying and base map preparation, if needed. . Discuss site constraints with Minnesota Department of Health personnel and provide memo. . Provide coordination with soils firm should soil borings be necessary. . Prepare a preliminary set of drawings that include General, Civil, Structural, Process and Electrical drawings. Drawings will be sufficiently detailed to understand project, but will lack details required of construction. . Prepare a preliminary list of specifications that cover the project. . Review preliminary drawings and specifications with City personnel and make changes as required. . Prepare preliminary opinion of probable construction cost. . Review the estimate of probable construction cost with City persollilel and evaluate ways to save project costs prior to final design. . P:\LE7TER PROPOSALSlShorewoodlOJ3004-lb.doc Minneapolis. St. Cloud. Equal Opportunity Employer "'. .; Mr. Larry Brown January 30, 2004 Page 2 . Final Design . Prepare final construction drawings and specifications based upon final/modified preliminary design documents. . Review final construction drawings and specifications with City personnel. . Update the preliminary opinion of probable construction cost to reflect specified equipment, structural components, and any modifications made during final design. . Review final opinion of probable construction cost with City personnel. . Submit two (2) copies of the fmal construction drawings and specifications to the Minnesota Department of Health (MDH) for review. Respond to questions and comments from the MDH and receive approval for the drawings and specifications. . Prepare and provide technical criteria, written descriptions, design data, final opinion of probable construction cost, and forms for City's use in filing applications for governmental design approvals. . Assist City in consultations with governmental agencies, if needed. . Bidding . Print construction drawings and specifications (Bidding Documents). . Distribute Bidding Documents to prospective bidders. . Maintain bidders list. . Respond to bidder questions. . Issue addenda to bidding documents, if required. . Attend bid opening, and prepare bid tabulation sheets. . Evaluate bids. . Assess proposed substitute materials and equipment. . Recommend award of construction contracts. Construction Phase Engineering Services . Organize, coordinate, lead and attend preconstruction conference and regular progress meetings during construction. Provide and distribute meeting minutes. . Assist the City in procuring testing services as defmed in the Contract Documents. . Establish reference points for construction staking of the project by Contractor (one time). . Review Contractor submittals (shop drawings) for products and equipment. . Issue contract document clarifications as required. . Process contract change order requests. P: ILETfER P ROPOSALSlShorewoodlO J 3004-lb.doc Mr. Larry Brown January 30, 2004 Page 3 . Review contractor-submitted construction progress schedules. . Process contractor pay requests. . Provide intermittent construction observation during construction of the well house. . Provide substantial completion punch list for Contractor and issue certificate of substantial completion when appropriate for well house construction. . Review final submittal from Contractor with respect to conformance with the contract documents for well house construction. . Process final pay request and project close-outs for well house construction. . Provide record drawings. Post Construction Phase Engineering Services At the request of the City, we shall provide the following additional services during the Post Construction Phase. These additional services are not included in the fee presented. We proposed to provide these services, if requested, at our customary hourly rates. . Provide assistance in refining or adjusting project equipment and/or systems. . Provide training for operation and maintenance of equipment and systems. . Visit the project to observe any apparent defects in the completed work and assist the City in working with the Contractor to correct defects. . Along with City staff, perform an end of correction period warranty inspection of the project in the 11th month following final completion of the project to determine if items of construction are subject to correction. City of Shorewood Tasks In order to complete our tasks, we will need the City to provide the following: . Provide a designated project contact person. . Provide answers to specific project questions, provide requested information and make decisions regarding project direction during the course of the project. . Choose a well house configuration early in the project. . Permitting and review fees that may be necessary. . Additional soils information that may be necessary (soil borings if necessary). . Attend construction progress meetings when requested. . Procure necessary testing services as defined by Contract Documents. . Provide coordination/negotiation with adjacent property owners. P:\LETTER PROPOSALSlShorewoodlOJ 3004-/b.doc ~ L . . .j Mr. Larry Brown January 30, 2004 Page 4 Proposal Assumptions . WSB tasks and estimated fees are based on the following assumptions: . This proposal is for a new well house. A new well is not included in this project, however our work may include raising the existing well to better deal with drainage issues. Rehabilitation of the existing well is not included in this project. . This proposal does not include preparation of a wellhead protection plan. . This proposal does not include amending the City's Water Appropriation Permit. . The well house will include necessary mechanical and electrical systems. . The well house will include facilities for disinfection and fluoridation. . The well house will be re-connected to existing SCADA systems. . An operation and maintenance manual, beyond the information contained in Contractor-supplied shop drawings, is not included in the project. . Potential bidders will be charged a fee for each copy of the bidding documents. WSB will retain this fee. WSB Subconsultants WSB subconsultants and their area of responsibility are indicated below: . Kaeding and Associates, Inc. (electrical and instrumentation and control) . Wentz Associates, Inc. (mechanical) . William Hennemuth, Ltd. (architectural) . Subconsultant billings pass through WSB without mark-up. ~ We propose to perform the defined tasks for an estimated fee of $85,000. We will bill at our customary hourly rates. Time Schedule Complete Preliminary Design Complete Final Design Minnesota Department of Health Review Complete Bidding 60 Days 60 Days 45 to 60 Days 30 Days A2reement If this proposal is acceptable to you, please have the City block of this letter signed and return a copy to WSB. Our receipt of an executed copy will be WSB's authorization to P: \LEITER PROPOSALS'Shorewood\013004-1b.doc Mr. Larry Brown January 30, 2004 Page 5 proceed. Monthly project invoices for services and reimbursables are due within 30 days after receipt of WSB' s invoice. We thank you for continuing to select WSB to ~ork with the City of Shorewood. If you have any questions, please call us at (763) 541-4800. Sincerely, ;;;??# Dave Hutton, P .E. Vice President ~~2:!~ Water/W aste Water Manager ACCEPTED: City of Shorewood By: Date: Enclosure lh/js P: \LEITER PROPOSALSlSlwrewoodlO 13004-lb.doc ,. . . . . - .A WSB & Associates, Inc. 2004 Rate Schedule Billing Rate/Hour Principal Associate Sr. Project Manager Project Manager/Engineering Specialist III Registered EngineerlEngineering Specialist II Project EngineerlEngineering Specialist I/Sr. Construction Observer Graduate Engineer Construction Observer Engineering Technician IV/Scientist III Engineering Technician III/Scientist II Engineering Technician II/Scientist I Engineering Technician I Office Technician II Office Technician I Registered Land Surveyor Survey (Two-Person Crew) Survey (Three-Person Crew) GPS Equipment $116.00 $109.00 $101.00 $91.50 $82.50 $74.00 $65.00 $67.00 $60.50 $55.00 $49.00 $43.00 $53.00 $29.50 $103.00 $122.00 $145.00 $39.00 All costs associated with word processing, vehicle mileage, cell phones, reproduction of common correspondence and mailing are included in the above hourly rates. Reimbursable expenses include costs associated with plan, specification and report reproduction, permit fee, delivery cost, etc. Rate Schedule is adjusted annually. FILE NO.: 405(04.04) CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236 FAX (952) 474-0128. www.cLshorewood.mn.us. cityhall@cLshorewood.mn.us MEMORANDUM TO: Mayor and City Council . FROM: Brad Nielsen DATE: 18 March 2004 RE: T-Mobile - Request for Conditional Use Permit . T-Mobile USA is interested in locating telecommunications equipment on Shorewood's Southeast Area water tower(see request letter - Exhibit A: attached). Although the ,"vertical real estate" has pretty much been used up, one of the spots on the tower is occupied by Metricom equipment and Metricom has gone through. bankruptcy. Apparently this space, which is the lowest one on the tower will work for T -Mobile. The City Attomeyhas researched the Metricom bankniptcy and determined that we are free to have the equipment removed. T -Mobile is' aware that they will be expected to remove it in conjunction with the installation of their equipment. The City: Engineer has stLggested that the equipment may have some salvage value for the City. , At this time the City Council is simply being asked permission to make the application for a conditional use permit. During that process, staffwill research the current fee schedule (presently $18,000 per year), and suggest updating if appropriate. If you have any questions relative to this item, please contact me prior to Monday night's meeting. Cc: Craig Dawson Tim Keane Larry Brown Bonnie Burton Jess Louk n t.J P.RINTED ON RECYCLED PAPER #311 ~ g m ~ m D March 9, 2004 City of Sherwood 5755 Country Club Road Shorewood, MN 55331 Attn: Mayor Woody Love and Members of the Shorewood City Council: Christine Lizee, Scott Zerby, Laura Turgeon and John Garfunkel Please accept this letter as T-Mobile's formal request to file a conditional use permit for a collocation installation on the City of Shore wood's water tank located at 5500 Old . Market Road. Pursuant to Bradley J. Nielsen, City of Shore wood Planning Director, your approval is required before a conditional use permit may be filed with the City's planning department on any municipal owned property. Upon your approval, T-Mobile will begin diligently working with the City's planning staff in an effort to procure a zoning and building permit approval. Thank you for your time and consideration in this matter. Sincerely, c:!:-----... '''-.J~~Lu~. ./ ' Site Acquisition Specialist T -Mobile USA . T.Mobile USA. Inc. 8000 West 78th Street. Suite 400 Edina. MN 55439 . . MetricomlTMobile Page 1 of 1 FILE COpy Brad Nielsen From: Keane, Timothy J. [tkeane@larkinhoffman.com] Sent: Wednesday, March 10, 20044:36 PM To: BJNielsen (BJNielsen); engineer@cLshorewood.mn.us Cc: cdawson@cLshorewood.mn.us; Flynn, Thomas J. Subject: MetricomlTMobile The Metricom lease has been rejected in B'y court and the equipment abandoned. You will receive a confirming memo. TJK Larkin Hoffman .....r'l'>\llilttl'~lll CONFIDENTIALITY NOTICE: INFORMATION IN THIS MESSAGE, INCLUDING ANY ATTACHMENTS, IS INTENDED ONLY FOR THE PERSONAL AND CONFIDENTIAL USE OF THE RECIPIENT(S) NAMED ABOVE. This message may be an Attorney-Client communication from the law firm of Larkin Hoffman Daly & Lindgren Ltd., and as such is privileged and confidential. If you are not an intended recipient of this message, or an agent responsible for delivering it to an intended recipient, you are hereby notified that you have received this message in error, and that any review, dissemination, distribution, or copying of this message is strictly prohibited. If you received this message in error, please notify the sender immediately, delete the message, and return any hard copy print-outs. No legal advice is being provided or implied via this communication unless you are (1) a client of Larkin Hoffman Daly & Lindgren Ltd., or (2) an Intended recipient of this message. Thank You. 3/15/04 . . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128 · www.cLshorewood.mn.us · cityhall@cLshorewood.mn.us MEMORANDUM TO: Mayor and City Council Craig Dawson, City Administrator Larry B(own, Director of PIlblic Works -t March 17, 2004 FROM: DATE: RE: Authorization for Expenditure of Funds Public Works Van As part of the 2003 equipment replacement program, the City had scheduled replacement of an Oldsmobile minivan last year. At that time, Staff determined that this replacement could be extended to 2004. This type of vehicle serves many functions for the City. Currently, the primary use of this vehicle is for utility locations, transporting of cargo and personnel. The minivan style vehicle has served the City well. Typically, a utility locate vehicle is often pulled to the shoulder of a roadway, along side traffic to perform location procedures for buried utilities. The slide doors and cargo areas are configured such that the operator is not opening a cargo door into lanes of traffic. This has been a great safety aspect to this type of operation. In addition, this vehicle is the only vehicle of the City's fleet that is able to transport items such as newsletters, cargo or audiovisual equipment in a sheltered climate. The remaining fleet is pickups, flatbeds or dump trucks. Staff has obtained a quote for the vehicle from the State Contract Cooperative Purchasing Venture (CPV). The Department of Administration for Minnesota has already performed the competitive bid process, which resulted in a price of $18,060 for a Dodge Grand Caravan. Staff has reviewed the proposal and finds that it is within the budgeted amount of $19,864. Recommendation Staff is recommending approval of an authorization for expenditure of funds for purchase of a Dodge Grand Caravan as outlined in Attachment 1. ft ~.1 PRINTED ON RECYCLED PAPER ~3.I Vehicle total $1,729.00 $669.00 $18,060.00 . NORTH STAR GARAGE. INC. 125 Central Avenue P.O. Box 34 Milaca, MN 56353 March 17, 2004 Mr. Larry Brown City of Shorewood Dear Sir: Thank you for your interest in purchasing a vehicle from the state contract. The state contract price for the 2005 Dodge Grand Caravan is- $15,662.00 Add Equipment Group Add Trailer Tow Package, and suspension upgrade Delivery to Shore wood would be an additional $70.00. These prices do not include tax or license fees. Please feel free to contact me if I may be of further assistance. Sincerely, Kevin Appelwick - Fleet Sales Ph- 651-493-1680 Fax- 651-493-4177 northstarfleetsales @comcast.net . ATTACHMENT 1 STATE CONTRACT PROPOSAL ,t . . . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236 FAX (952) 474-0128. www.cLshorewood.mn.us. cityhall@cLshorewood.mn.us MEMORANDUM TO: Mayor and City Council Craig Dawson, City Administrator Larry Brown, Director of Public Works pr March 17, 2004 FROM: DATE: RE: Public Information Meeting - "Storm Water Pollution Prevention Program" (SWPPP) The City Council has previously discussed the National Pollutant Discharge Elimination System (NPDES), Phase II, that has been handed down to municipalities as part of the Clean Water Act. Preparation of a Storm Water Pollution Prevention Program (SWPPP) is one component mandated to meet the Clean Water Act. . I must state that any good stormwater document or mandate handed down by the Environmental Protection Agency would not be complete without a good dose of acronyms, acrostics and definitions. Such is the case here. The goal of the National Pollutant Discharge EI}mination System Permit is to restore and maintain the chemical, physical, and biological integrity of waters of the state through management and treatment of urban storm water runoff. The Department of Natural Resources Wetland and Waters, and the wetlands identified in the National Wetland Inventory located within the City's boundary. This program requires that this be accomplished through the management of Municipal Separate Storm Sewer Systems (MS4s) through the preparation of a Storm W aterPollution Prevention Program (SWPPP). The SWPPP identifies the goals and the Best Management Practices (BMPs) that will be undertaken to meet the requirements of the NPDES Phase II rules. Measurable goals have been established for each of the BMPs included in the SWPPP along with an implementation plan and the persons responsible for implementing the BMPs. In accordance with provisions of the Clean Water Act, Minnesota Statutes Chapter 115 and 116 as amended, and Minnesota Rules Chapter 7001, the SWPPP shall be reviewed at a public information meeting and public comment shall be received. A permanent record and record of decisions regarding comments received for the SWPPP shall be retained by the City and submitted to the Minnesota Pollution Control Agency. ft \.~ PRINTED ON RECYCLED PAPER #"5A riht nf ~hnrPu'l'V'\tf . Mayor and City Council SWPPP Public Information Meeting March 17, 2004 Page 2 of 3 This annual report provides a review of the City's Best Management Practice Implementation Program, an assessment of the activities that were completed in the past year, a discussion of changes the City intends to make to this program in the coming year, and generally defines the status of the City's compliance with the conditions associated with this permit. Attachment 1 is the SWPPP that has been prepared by Staff. There are many components to the SWPPP. This plan must contain, as a minimum, the following "six control measures" to help reduce pollution in receiving waters. . Public education and outreach . Public involvement and participation . lllicit discharge detection and elimination . Construction site storm water runoff control . Pos~ construction storm. water management . Pollution prevention and housekeep~ng . By definition, these six control measures must'be performed to the "maximum extent possible." According to the League of Minnesota Cities, the Definition of Maximum Extent Practicable (MEP) is as follows: "The best information on MEP is in the Federal Rule for Phase II: "EPA has intentionally not provided a precise definition of MEP to allow maximum flexibility in MS4 permitting. MS4s need the flexibility to optimize reductions in stormwater pollutants on a location-by-Iocation basis. " . "EPA envisions application of the MEP standard as an iterative process." . "What they [the agency] are looking for is a process. If you go through the process, the results will get you to MEP, II Paul Merwin, MN Attorney General's Office assigned to the MPCA. The league continues as to why the definitions of the NPDES permit focused on the. "maximum extent practicable" and self-assessment? . "Your Storm Water Pollution Prevention Program must be designed and managed to minimize the discharge of pollutants from. your storm sewer system to the Maximum Extent Practicable (MEP). " . "Your SWPPP must include Best Management Practices (BMPs) that control or reduce pollutants, as appropriate for your community. In the development of BMPs for your SWPPP, you must consider the sources of pollutants, the potentially polluting activities being conducted in the watershed, and the sensitivity of receiving waters. " rihl ,...f <:hnrPn.lnnA ~ . . Mayor anCl City Counc'il SWPPP Public Information Meeting March 17, 2004 Page 3 of 3 For each of the six minimum control measures, appropriate BMPs have been iClentified along with measurable goals, an implementation schedule, and the persons responsible to complete each measure. Appendix A of the SWPPP is the "heart and soul" of what has been completed, what is to be completed in the future, and noteworthy comments about each item. Staff will present the report in detail during the Public Information meeting. As noted earlier, public testimony is to be taken, with a written "record ofdecision" regarding each comment received to be issued and submitted to the Minnesota Pollution Control Agency. Recommendation Staff is recommending that once the City Council has conducted the Public Information Meeting, that a motion be approved accepting the SWPPP and directing Staff to prepare a Record of Decision to be submitted to the MPCA. t""jhl nf <=hnt"P\1.1t'\nA ~ CITY OF SHOREWOOD MS4 SWPPP STORM WATER POLLUTION PREVENTION PROGRAM FOR THE MANAGEMENT OF~CWALSEPARATESTORMSEWERSYSTEMS WITmN THE CITY OF SHOREWOOD . . CERTIFICATION I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. ~~~~-~ Larry Brown, PE Date: March 10, 2004 Lic.No. 23390 City of Shorewood Storm Water Pollution Prevention Program -. CITY OF SHOREWOOD MS4 SWPPP Table of Contents Cover Letter Title Page 1. Introduction II. Municipal Separate Storm Sewer System Evaluation III. Pollution Prevention Program MCM6 Public Education and Outreach on Storm Water Impacts Public Participation and mvolvement illicit Discharge Detection and Elimination Construction Site Storm Water Runoff Control Post-Construction Storm Water Management in New Development and Redevelopment Pollution Prevention/Good Housekeeping for Municipal Operations . MCMl MCM2 MCM3 MCM4 MCMS N. Best Management Practices Implementation Plan V. Annual Report List of Figures 1. Location Map List of Tables 1. BMP Implementation Plan . List of Appendices A. Best Management Practices' Details City of Shorewood Storm Water Pollution Prevention Program City of Shorewood Storm Water Pollution Prevention Program Page 1 CITY OF SHOREWOOD MS4 SWPPP I. INTRODUCTION This Storm Water Pollution Prevention Program (SWPPP) has been prepared in conformance with the National Pollutant Discharge Elimination System (NPDES), Phase II Rules and is in compliance with the provisions of the Clean Water Act, as amended, (33 D.S.C. 1251ET SEQ; hereafter, the "Act"), 40 CFR 122, 123, and 124, as amended, ET SEQ; Minnesota Statutes Chapters 115 and 116, as amended and Minnesota Rules, Chapter 7001. The urbanized area covered by this SWPPP is shown in Figure i. The goal of the National Pollutant Discharge Elimination System Permit is to restore and maintain the chemical, physical, and biological integrity of waters of the state through management and treatment of urban storm water runoff. The Department of Natural Resources Wetland and Waters, and the wetlands identified in the National Wetland Inventory located within the project area This program requires that this be . accomplished through the management of Municipal Separate Storm Sewer Systems (MS4s) through the preparation of a Storm Water Pollution Prevention Program (SWPPP). The SWPPP identifies the goals and the Best Management Practices (BMPs) that will be undertaken to meet the requirements of the NPDES Phase II rules. Measurable goals have been established for each of the BMPs included in the SWPPP along with an implementation plan and the persons responsible for implementing the BMPs. This SWPPP has been prepared to manage and minimize the discharge of pollutants from MS4s to the maximum extent practicable (MEP). This will be accomplished through the implementation of the BMPs outlined within this SWPPP. These BMPs could be a combination of education, maintenance, control techniques, system design and engineering methods, and other such provisions that are appropriate to meet the requirements of the NPDES Phase II permit. BMPs have been prepared to address each . of the six minimum control measures as outlined in the rules. These six minimum control measures are: 1. Public education and outreach on storm water impacts. 2. Public participation and involvement. 3. illicit discharge detection and elimination. 4. Construction site runoff control. 5. Post construction storm water management in new development and redevelopment. 6. Pollution prevention/good housekeeping for municipal operations. For each of these six minimum control measures, appropriate BMPs have been identified along with measurable goals, an implementation schedule, and the persons responsible to complete each measure. . . IAj..E UQ'J"'f.l(it!!.:f.. LAM Mtt-lhf'.l OUf;A (\ .:Alto;. JSl.U41 nn 01' 08':>>10 L"tn UF. if) I LAf.E .J.ilJ!~f."TC:f'lI.ft LIPPER 1."".( MINlJD,)f!kA ;< '" ~ 0 ~ 0 !!o ... '" ~ S! :;; ;~ ~ ... 0 !:: € .... i?:J.,' vH ',m",ll:o,;. CITY OF SHOREWOOD FIGURE 1 CITY OF SHOREWOOD MS4 SWPPP II. MUNICIPAL SEPARATE STORM SEWER SYSTEM EVALUATION An evaluation of the storm sewer system was completed to determine the factors affecting the Maximum Extent Practicable (MEP) standards set forth within the NPDES Phase II Rule. Factors which were used in developing the BMPs outlined in this SWPPP were as follows: 1. 2. 3. 4. 5. 6. .7. 8. 9. 10. 11. 12. 13. 14. 15. Sources of pollutants Potential polluting activities being conducted in the watershed Sensitivity of receiving waters and wetlands.within the system Intended uses of receiving waters Local concerns and storm water issues The size of the MS4, the available staff, and the number of residents BMP implementation schedules Ability to finance storm water related programs Hydraulics and hydrology of the watershed Geology Ability to finance and perform operation and maintenance of the MS4 Land uses Development and redevelopment expectations Watershed characteristics Organizational structure of the municipal operator . An inventory of these factors and policies developed to manage water resources within the City can be found in the City's.Comprehensive Storm Water Management Plan (CSMP)' In conformance with the requirements for the preparation of the SWPPP, a number of non-storm water discharges were evaluated to determine if they are significant contributors of pollutants to the storm sewer system. Non-storm water discharges which . were evaluated include: 1. Flushing of municipal waterlines 2. Residential, commercial and agricultural landscape irrigation 3. Stream flow diversions 4. Groundwater outputs and rising elevations 5. Uncontaminated pumped ground water 6. Uncontaminated groundwater infiltration 7. Filtration backwash from municipal water treatment facility 8. Discharge of foundation drains into the MS4 9. Potable water source discharges 10. Condensation from air conditioning units 11. Car washing by individual residents 12. Discharges from the chlorinated swimming pools 13. Wash water from street sweeping activities 14. Water discharged from firefighting activities City of Shorewood Storm Water Pollution Prevention Program Page 3 . III. . CITY OF SHOREWOOD MS4 SWPPP These sources of non-storm water inputs into the municipal separate storm sewer system were determined not to be significant contributors of pollutants. Therefore, BMPs will not be prepared to address these storm water discharges. The City has developed this SWPPP, and the Best Management Practices within it, to reach the goal of reducing the discharge of pollutants to the "maximum extent practicable." This SWPPP incorporates new activities and existing practices to develop a program, designed to protect water quality as required by the Clean Water Act. The BMPs included within this SWPPP, are the results of the City carefully and thoughtfully evaluating the storm water discharges within their jurisdiction, and as a result believe implementation of these BMPs meet the prescribed "maximum extent practicable" . standard. STORM WATER POLLUTION PREVENTION PROGRAM This Storm Water Pollution Prevention Program (SWPPP) outlines the Best Management Practices (BMPs) which are appropriate for the City of Shorewood to control or reduce the pollutants in storm water runoff to the maximum extent practicable. This SWPPP was developed based on the factors previously discussed within the areas tributary to the Municipal Separate Storm Sewer System. The City of Shorewood reserves the right to amend and/or delete the described BMPs based on the availability of funding for this program. Furthermore, the City may coordinate the responsibility of selected BMPs with other governing agencies such as community groups, non-profit organizations, soil and water conservation districts, watershed districts, watershed management organizations, school districts, University of Minnesota Extension, or county, regional, state, and federal government programs, which represent storm water within the City. Best Management Practices (BMPs) have been prepared for each of the six minimum control measures. A description of each BMP, an implementation schedule, measurable goals that determine the success or benefit, and the person responsible to. complete each BMP is included in Appendix A. A description of the six minimum control measures and the BMPs which have been developed to meet the requirements of each minimum control measure are outlined in the following pages: City of Shorewood Storm Water Pollution Prevention Program Page 4 MCM 1.0 MCM 2.0 CITY OF SHOREWOOD MS4 SWPPP PUBLIC EDUCATION AND OUTREACH The public education program has been developed to distribute educational materials to the community or conduct equivalent outreach activities. The BMPs identified will focus on the impact of storm water discharges on streams, rivers, and wetlands, and the steps that the public can take to reduce pollutants in storm water runoff. These activities have been prepared to individually address each of the six minimum control measures. For each minimum control measure, the education program identifies the audience or audiences involved, educational goals for each audience, activities used to reach educational goals for each audience, activity implementation plans, including responsible persons in charge, entities responsible for given activities, and schedules and performance measures that can be used to determine success in reaching educational goals. The public education and outreach BMPs that will be undertaken include: 1) Produce and distribute information on illicit discharges, erosion, shoreline management, compo sting and pollution prevention and other applicable BMPs utilized in the SWPPP. This information may be distributed through City mailings, newsletters, bill stuffing, and on the City website. 2) Incorporate public information on the SWPPP issues into a separate page on the City's website. The web page would specifically describe the SWPPP, each minimum control measure, the goals and actions planned by the City, provide links to BMPs, articles on each control measure, and collect feedback from site visitors. 3) Provide training opportunities for City staff including erosion control, BMPs, good housekeeping, and pollution prevention. Training topics could include, but are not limited to: a) MnlDOT Erosion Control Certification b) Storm Water Pollution Prevention Program Workshops c) Best Management Practices Workshops d) Brochures and publications distributed to staff PUBLIC PARTICIPATION AND INVOLVEMENT This minimum control measure requires that the City provide measures to receive public input and opinion on the adequacy of the SWPPP. This input can be received from public meetings, oral testimony, and written correspondence. To reach this goal, the City anticipates implementing the following BMPs: City of Shorewood Storm Water Pollution Prevention Program Page 5 . . . . MCM 3.0 MCM 4.0 CITY OF SHOREWOOD MS4 SWPPP , 1) Conduct an annual public meeting on the City's Storm Water Pollution Prevention Program and solicit opinion on the plan and consider written and oral input on the adequacy of the SWPPP. 2) The City intends to incorporate public information on SWPPP issues into a separate page on the City's website. The web page would specifically describe the SWPPP, each minimum control measure, the goals and actions planned by the City, provide links to BMPs, articles on each control measure, and collect feedback from site visitors. ILLICIT DISCHARGE DETECTION AND ELIMINA nON A number of BMPs have been developed to implement and enforce a program to detect and eliminate illicit discharges into the municipal separate storm sewer system. These BMPs include: 1) Review the current storm water ordinance to evaluate its effectiveness toward illicit discharges. 2) Continue to support County recycling program to discourage illegal dumping by offering alternative uses for unwanted materials and drop-offs for household hazardous waste. 3) Identify all City-owned storm sewer conveyances 24 inches or greater on a storm sewer map. This will also identify all outfalls and discharge points leaving the City. This map would be updated yearly to reflect changes or additions to the storm sewer system. CONSTRUCTION SITE, STORM WATER RUNOFF CONTROL A number of BMPs have been developed and will be implemented and enforced to reduce pollutants and storm water runoff from construction activities with land disturbances equal to or greater than one acre. These BMPs include: 1) Review current erosion control ordinance and revise the City's building permit to include construction site erosion and sediment control as part of the permit conditions. This erosion control ordinance will also include sanctions to determine non-compliance with the permit and ordinances. 2) Provide City Public Works Staff with training and proper location, inspection, and installation of erosion control BMPs. City of Shorewood Storm Ware.r Pollution Prevention Program Page 6 MCM 5.0 MCM 6.0 C/TY OF SHOREWOOD MS4 SWPPP 3) Incorporate construction site inspection and enforcement into the activities of building inspectors. This will be part of the effort to reduce pollutants discharged from small construction sites. POST CONSTRUCTION STORM WATER MANAGEMENT FOR NEW DEVELOPMENT AND REDEVELOPMENT A program of BMPs has been prepared to address storm water runoff from new development and redevelopment projects that disturb equal to or greater than one acre. This program insures that controls are in place that would prevent or minimize water quality impacts from development activities. These BMPs include: 1) hnplement the storm water runoff control program that is currently used by local Watershed Districts to minimize the effect of storm water runoff on water quality within the City. This program will utilize appropriate BMPs, selected by the City to minimize storm water runoff from new developments and redevelopments. 2) hnplement the comprehensive storm water management plan. This plan was recently approved. POLLUTION PREVENTION/GOOD. HOUSEKEEPING FOR MUNICIPAL OPERATIONS To meet the requirements of the pollution prevention and good housekeeping for municipal operations, a number of BMPs have been prepared. These BMPs include: 1) Annual inspection of 20% of the outfalls, sediment basis, and ponds within the city's storm sewer system. The results of these inspections will be compiled in a report. 2) The City will incorporate BMPs for handling of equipment and hazardous materials used by City staff. 3) The City will annually evaluate landscaping and lawn-care practices, which may include the use of fertilizers, pesticides, herbicides, lawn mowing, grass clippings, mulching and composting, and develop BMPs to reduce storm water pollution. 4) The City will annually review practice and policies of road salt applications. The City will consider alternative products, calibration of equipment, inspection of vehicles and staff training to reduce pollutants from road deicing activities. City of Shorewood StOlTll Water Pollution Prevention Program Page 7 . . . . CITY OF SHOREWOOD MS4 SWPPP 5) The City will continue with the current street sweeping program, identify improvements, and implement changes to reduce storm water pollutants. 6) The City will evaluate its maintenance facility and apply for a General Storm Water Permit for Industrial Activities in accordance to the NPDES requirements. IV. BEST MANAGEMENT PRACTICES IMPLEMENTATION PLAN A summary of BMPs are provided in Table 1. Detailed descriptions of each of the BMPs contained within the SWPPP are provided in Appendix A. City of Shorewood Storm Water Pollution Prevention Program Page 8 CITY OF SHOREWOOD MS4 SWPPP Table 1 BMP IMPLEMENTATION PROGRAM MCMl Public Education and Outreach Brochures, Handouts, and Newsletters Produce and distribute information on illicit discharges, erosion control, shoreline management, and other SWPPP ractices. Provide training opportunities for City Staff on SWPPP. Establish website for residents, business owners, and staff to receive information, report violations and res ond to SWPPP issues SWPPP Staff Training SWPPP Web Page MCM2 Public Participation and Involvement SWPPP Annual Public Meeting Conduct one (1) public meeting. MCM3 Illicit Discharge Detection and Elimination Illicit Discharge Ordinance Develop illicit discharge ordinance. Recycling Program Discourage illegal dumping by offering information for locations of drop-off sites for household hazardous waste. Update storm sewer system map, as needed. Storm Sewer System Map Update MCM4 Construction Site Storm Water Runoff Control Measures Erosion Control Ordinance Public Works Department Staff Trainin Train staff in BMPs. City of Shorewood Storm Water Pollution Prevention Program Annually 2003 - 2008 Begin in 2004, continue annually through 2008. . Annually through 2008 Begin draft in 2005 Complete in 2006 Annually 2003 - 2008 . Annually 2003 - 2008 Review current permit 2004. Add chan es in 2005. Annually through 2004 - 2008. Page 9 CITY OF SHOREWOOD MS4 SWPPP Best Management Practices Description of Goal Schedule MCMS Post Construction Storm Water Mana ement Measures Storm Water Management Plan Development Review MCM6 Pollution Prevention and Good Housekee in Measures Storm Sewer Inspection Program uipment and Hazardous Material torage Landscaping and Lawn Care Practices Road Salt Application Street Sweeping Program NPDES Permit for Industrial Activity . The City will revise its Storm Water Mana ement Plan. Follow review policies of WRMP in reviewing construction projects. Inspection of all City owned outfalls, sediment basins and onds Implement program and incorporate BMPs for equipment and hazardous material handlin . Evaluate City's landscaping and lawn care ractices. Review the currents road salt a lication ractices. Evaluate current sweeping program. City of Shorewood Storm Water Pollution Prevention Program Planned completion in 2004 Annually 2003-2008 Begin in 2003 Com lete in 2008 Annually Annually Annually Annually 2003-2008 2003-2008 2003-2008 2003-2008 Permit Application 2004 Page 10 CITY OF SHOREWOOD MS4 SWPPP V. ANNUAL REPORT An annual report will be prepared and submitted to the MPCA prior to March 10 of each year from 2004 through 2008. This annual report will summarize the following: A. Status of Compliance With Permit Conditions The annual report will contain an assessment of the appropriateness of the BMPs and progress toward achieving the identified measurable goals for each of the minimum control measures. This assessment will be based on results collected and analyzed, inspection findings, and public input received during the reporting period. B. Work Plan The annual report will contain a list of storm water activities that are planning to be undertaken in the next reporting cycle. . C. Modifications to the SWPPP The annual report will identify changes to BMPs or measurable goals for any of the minimum control measures. D. Notice of Coordinated Activities A notice will be included in the annual report for any portions of the permit for which a government entity or organization outside of the MS4 is being utilized to fulfill any BMP contained in the SWPPP. . City of Shorewood Stonn Water Pollution Prevention Program Page 11 CITY OF SHOREWOOD MS4 SWPPP . APPENDIX A BEST MANAGEMENT PRACTICES . City of Shorewood Storm Water Pollution Prevention Program Page 12 BMPs BROCHURES, HANDOUTS AND NEWSLETTERS 1.1 Minimum Control Measures Addressed by This BMP X Public education and outreach X Public participation and involvement X Dlicit discharge detection and elimination BMP Description: The City will produce and distribute articles and information on the City's Storm Water Pollution Prevention Plan including information on the annual public hearing, illicit discharges, erosion control, shoreline management, composting and pollution prevention and other applicable best management practices. This publication will be distributed through City mailings and newsletters. Education Goal: Timeline I Implementation Schedule: This program is designed to develop an This activity will begin in 2003 and continue understanding of the SWPPP among residents. annually through 2008. X X X Construction site runoff controls Post-construction stormwater management Pollution prevention/ good housekeeping Measurable Goals: Document the number of publications and households served by each publication. Responsible Person: Name: Larry Brown Title: Public Works Director Phone: 952-474-3236 E-mail: lbrown@ci.shorewood.mn.us Audience: This activity will be directed to City residents, property owners, and business owners. Recorded Activities Completed: Outlined below is a description of the specific activities that were undertaken by the City over the past year that document the City has met the measurable goals associated with this BMP. Tar et Audience Mailin Date Number of Publications New & Existing Varies 220 Residents New Resident Varies 220 Residents 2,500 Residents 2,500 Residents 2,500 Residents 2,500 Residents Iune,2oo3 2,500 Residents Iu! ,2003 2,500 Residents August, 2003 2,500 "Household Hazardous Waste Residents September, 2,500 Collection" 2003 " . . BMPs BROCHURES/( HANDOUTS AND NEWSLETTERS 1.1 continued I hereby certify that the above activities were completed. ~Lp ~ Signature of Responsible Official Director of Public Works Title 3-10-04 Date BMPs SWPPP STAFF TRAINING 1.2 Minimum Control Measures Addressed by This BMP X Public education and outreach Public participation and involvement micit discharge detection and elimination BMP Description: The City will provide training opportunities for City Staff in erosion control, best management practices, good housekeeping, and pollution prevention. These may include but are not limited to: MnDOT erosion control certification, SWPPP workshops, and BMP workshops. Education Goal: Timeline I Implementation Schedule: The goal of this action is to introduce ideas and This activity will begin in 2003 and continue develop an understanding of the SWPPP among annually through 2008. City staff. x X X Construction site runoff controls Post-construction stormwater management Pollution prevention/ good housekeeping Measurable Goals: The City will provide a minimum of one training opportunity and document the number of training sessions and the number of participants in attendance. Audience: City Staff involved in public works projects, construction projects, construction inspection, and maintenance. Responsible Person: Name: Larry Brown Title: Public Works Director Phone: 952-474-3236 E-mail: lbrown@ci.shorewood.mn.us Recorded Activities Completed: Outlined below is a description of the specific activities that were undertaken by the City over the . past year that document the City has met the measurable goals associated with this BMP. . October 15, 2003 Public Works Personnel: Reviewed erosion control techniques, observation of site runoff problems and reporting practices for erosion problems. . October 16, 2003, Public Works Personnel: Reviewed polices regarding mowing and grass clippings with parks personnel. . November 18, 2003, Inspection Personnel: Distributed education materials pertaining to construction site erosion control and draft policies that are being considered for failure to control off site erosion. I hereby certify that the above activities were completed. ~A, ~~ Signature of Responsible Official Director of Public Works Title 3-10-04 Date . . BMPs SWPPP WEB PAGE 1.3 Minimum Control Measures Addressed by This BMP x X X Construction site runoff controls Post-construction stormwater management Pollution prevention/ good housekeeping X Public education and outreach X Public participation and involvement X Illicit discharge detection and elimination BMP Description: The City will incorporate public information on SWPPP issues into a separate page on the City's website. This would specifically describe the SWPPP, each minimum control measure, the goals and actions planned by the City, provide links to BMPs, articles on each control measure and collect feedback from site visitors. Education Goal: The City will provide information on stormwater pollution prevention, best management practices,the City SWPPP, and outside entity resources available to City residents. Measurable Goals: The City will develop a separate SWPPP web page and document the number of publications produced. Responsible Person: Name: Larry Brown Title: Public Works Director Phone: 952-474-3236 E-mail: lbrown@ci.shorewood.mn.us Timeline I Implementation Schedule: This activity will begin in 2004 and continue annually until 2008. Audience: All City residents, property owners, and business owners. Recorded Activities Completed: Outlined below is a description of the specific activities that were undertaken by the City over the past year that document the City has met the measurable goals associated with this BMP. + The City has created a separate web page and released this for viewing in March, 2004 for the City's SWPPP with an emphasis on educational outreach. Further revisions to the web site are anticipated to complete all of the goals. I hereby certify that the above activities were completed. ~~~/ .6---- Signature of Responsible Official Director of Public Works Title 3-10-04 Date BMPs ANNUAL PUBLIC MEETING 2.1 Minimum Control Measures Addressed by This BMP X Public education and outreach X Public participation and involvement Illicit discharge detection and elimination BMP Description: The City will conduct a public meeting on the City's Stormwater Pollution Prevention Program; solicit public opinion on the plan, and consider written and oral input into the SWPPP. Construction site runoff controls Post-construction stormwater management Pollution prevention/ good housekeeping Measurable Goals: Hold the public meeting, record attendance, keep minutes, record statements and written comments and document changes made to the SWPPP. Timeline I Implementation Schedule: This activity will be completed annually beginning in 2004 and continue through the life of this permit, 2008. Responsible Person: Name: Larry Brown Title: Public Works Director Phone: 952-474-3236 E-mail: Ibrown@ci.shorewood.mn.us . Recorded Activities Completed Outlined below is a d~scription of the specific activities that were undertaken by the City over the past year that document the City has met the measurable goals associated with this BMP. . March 22, 2004, Annual Public Information Meeting will be conducted. Official minutes will . document testimony and comments, and a record of decision will be issued. . I hereby certify that the above activities were completed. ~/b(D L 6-- ~ Signature of Responsible Official Director of Public Works Title 3-10-04 Date . . BMPs STORM SEWER MAP 3.3 Minimum Control Measures Addressed by This BMP Construction site runoff controls Post-construction stormwater management Pollution prevention/ good housekeeping Public education and outreach Public participation and involvement X illicit discharge detection and elimination BMP Description: The City currently has a map identifying all ponds, lakes, streams, storm sewer pipes and conveyances as well as outfalls and discharge points leaving the City. As part of the SWPPP the City will annually update this map to include changes to the storm sewer system throughout the City including but not limited to, new development, street improvements, water quality projects, wetland mitigation projects and any changes to the storage or conveyance of stormwater within the City. Measurable Goals: The City will map all storm sewer pipe owned by the City and annually document changes in the storm sewer system. Timeline I Implementation Schedule: The City will conduct annual reviews of this activity (2003-2008). Responsible Person: Name: Larry Brown Title: Public Works Director Phone: 952-474-3236 E-mail: lbrown@ci.shorewood.m.n.us Recorded Activities Completed Outlined below is a description of the specific activities that were undertaken by the City over the past year that document the City has met the measurable goals associated with this BMP. . The City has created a storm sewer map with storm sewer facilities owned and operated by the City. . Twenty percent of the outfall structures were inspected, along with documentation for maintenance and repairs. I hereby certify that the above activities were completed. ~A6: ~ Signature of Responsible Official Director of Public Works Title 3-10-04 Date BMPs EROSION CONTROL ORDINANCE 4.1 Minimum Contr<?l Measures Addressed by This BMP Public education and outreach Public participation and involvement Illicit discharge detection and elimination BMP Description: The City will review their current permit review processes and include managing site erosion and sediment control as part of the conditions of the permit. Staff will review current ordinances and City codes and update as necessary. x Construction site runoff controls Post-construction stormwater management Pollution prevention/ good housekeeping Measurable Goals: The City will review and update as necessary the City's Erosion Control Ordinance. Timeline I Implementation Schedule: The City will review the current permit in 2004, and add additional requirements in 2005. The enforcement of new permit requirements will be. in 2005 and last until 2008. Responsible Person: Name: Larry Brown Title: Public Works Director Phone: 952-474-3236 E-mail: lbrown@ci.shorewood.mn.us Recorded Activities Completed Outlined below is a description of the specific activities that were undertaken by the City over the past year that document the City has met the measurable goals associated with this BMP. . The City is in the process of reviewing their erosion control ordinance for compliance with applicable rules and regulations. I hereby certify that the above activities were completed. ~~,Q ~ .' Signa~e of Responsible Official Director of Public Works Title 3-10-04 Date . . . . BMPs SURFACE WATER MANAGEMENT PLAN 5.1 Minimum Control Measures Addressed by This BMP x Construction site runoff controls Post-construction stormwater management Pollution prevention/ good housekeeping Public education and outreach Public participation and involvement Illicit discharge detection and elimination BMP Description: The City currently has a Comprehensive Surface Water Management Plan. As part of this permit, the City will review the policies, requirements and Best Management Practices included within this document annually and will make amendments as necessary, as well as implement the plan. Measurable Goals: The City will implement the City's Surface Water Management Plan and update the plan as necessary. Timeline I Implementation Schedule: The City will review its program annually beginning in 2004. Responsible Person: Name: Larry Brown Title: Public Works Director Phone: 952-474-3236 E-mail: lbrown@ci.shorewood.mn.us Recorded Activities Completed Outlined below is a description of the specific activities that were undertaken by the City over the past year that document the City has met the measurable goals associated with this BMP. . City Staff has reviewed the current Stormwater Management Policy and finds it to be adequate. I hereby certify that the above activities were completed. ~~~ ~ Signature of Responsible Official Director of Public Works Title 3-10-04 Date BMPs DEVELOPMENT REVIEW 5.2 Minimum Control Measures Addressed by This BMP Public education and outreach Public participation and involvement lllicit discharge detection and elimination BMP Description: The City will continue to use existing development review policies ctm'ently in place to minimize the negative impacts storm water runoff may have on water quality within the City. Utilizing these existing policies, all development proposals must address water quality, water quantity, erosion control and site grading, utilizing BMP's for each of these activities. Measurable Goals: The City will review new development plans for conformance with BMP's outlined in the SWPPP and document the number of development plans reviewed annually. x Construction site runoff controls Post-construction stormwater management Pollution prevention/ good housekeeping Timeline I Implementation Schedule: The City will follow this activity annually 2003 through 2008. Responsible Person: Name: Larry Brown Title: Public Works Director Phone: 952-474-3236 E-mail: Ibrown@ci.richfield.mn.us Recorded Activities Completed Outlined below is a description of the specific activities that were undertaken by the City over the past year that document the City has met the measurable goals associated with this BMP. · The City, and the Minnehaha Creek Watershed District or the Riley Purgatory Bluff Creek Watershe. District, review plans to insure that BMP's are being utilized within the City. I hereby certify that the above activities were completed. ~ -L.?Z -:;, . .. ~ .. Signature of Responsible Official Director of Public Works Title 3-1D-04 Date . . BMPs STORM SEWER INSPECTION PROGRAM 6.1 Minimum Control Measures Addressed by This BMP Construction site runoff controls Public education and outreach Public participation and involvement X Illicit discharge detection and elimination BMP Description: The City will inspect all outfalls, sediment basins and ponds within the city's storm sewer system. The results of these inspections will be compiled in a report and include sediment levels, pond age, watershed information and record recommended maintenance and maintenance schedules. X Post-construction stormwater management Pollution prevention/ good housekeeping Measurable Goals: The City will record the number of outfalls inspected, and rate the condition of outfalls and ponds. The inspection of all storm sewers will be completed over the 5-year permit period. Responsible Person: Name: Larry Brown Title: Public Works Director Phone: 952-474-3236 E-mail: lbrown@ci.shorewood.mn.us Timeline I Implementation Schedule: The City will begin this action in the year 2004 and continue until all inspections are complete prior to the 2008 permit expiration. Recorded Activities Completed Outlined below is a description of the specific activities that were undertaken by the City over the past year that document the City has met the measurable goals associated with this BMP. + The City has commenced with the inspection of all of the outfalls, and has undertaken projects with the appropriate watershed district to remove sediments from basins that require restored volume. I hereby certify that the above activities were completed. Signature of Responsible Official Director of Public Works Title 3-10-04 Date BMPs EQUIPMENT AND HAZARDOUS MATERIAL STORAGE 6.2 Minimum Control Measures Addressed by This BMP Responsible Person: Name: Larry Brown Title: Public Works Director Phone: 952-474-3236 E-mail: lbrown@ci.shorewood.mn.us . Public education and outreach Public participation and involvement X lllicit discharge detection and elimination BMP Description: The City will continue to train staff, implement procedures, and incorporate best management practices in handling of equipment and hazardous materials used by City staff. Construction site runoff controls Post-construction stormwater management Pollution prevention/ good housekeeping X Measurable Goals: The City will review activities undertaken by its staff to prevent illicit discharges from daily activities. Timeline I Implementation Schedule: The City will review its activities annually beginning in 2004. Recorded Activities Completed Outlined below is a description of the specific activities that were undertaken by the City over the past year that document the City has met the measurable goals associated with this BMP. . Personnel are trained by a certified instructor on an annual basis on the handling, storage and employee right to know act regarding hazardous chemicals and substances. . Personnel handling chemicals, herbicides and other materials that require special care and storage are trained annually by supervisory staff. . I hereby certify that the above activities were completed. ~.A.b ~ . . Signature of Responsible Official Director of Public Works Title 3-10-04 Date . . BMPs LANDSCAPING AND LAWN CARE PRACTICES 6.3 Minimum Control Measures Addressed by This BMP Construction site runoff controls Public education and outreach Public participation and involvement lllicit discharge detection and elimination BMP Description: The City will annually review and, if necessary/ adjust its current practices in the use of pesticide and herbicide application, mowing and discharge operations, grass clipping collection, mulching and composting. Measurable Goals: The City will annually document the results of the review and the number of staff who receive training. x Post-construction stormwater management Pollution prevention/ good. housekeeping Timeline / Implementation Schedule: This activity will be conducted annually beginning in 2004. Responsible Person: Name: Larry Brown Title: Public Works Director Phone: 952-474-3236 E-mail: Ibrown@ci.shorewood.mn.us Recorded Activities Completed Outlined below is a description of the specific activities that were undertaken by the City over the past year that document the City has met the measurable goals associated with this BMP. . January 13/ 2004/ Five Public Works Staff members: Reviewed current practices of pesticide and herbicide application, storage and practices. In addition, reviewed procedures for discharge of grass clippings and roadside mowing practices. I hereby certify that the above activities were'completed. ~L,b ~ Signature of Responsible Official Director of Public Works Title 3-10-04 Date Responsible Person: Name: Larry Brown Title: Public Works Director Phone: 952-474-3236 E-mail: lbrown@ci.shorewood.mn.us . BMPs ROAD SALT APPLICATION 6.4 Minimum Control Measures Addressed by This BMP Public education and outreach Public participation and involvement X illicit discharge detection and elimination BMP Description: The CitY will annually review and, if necessary, adjust its practices and policies related to road salt application. 'This review will include the use of alternative products and the need for calibration of equipment, inspection of vehicles and staff training. Construction site runoff controls Post-construction stormwater management Pollution prevention/ good housekeeping X Measurable Goals: The City will document the results of the review and the actions taken. Timeline I Implementation Schedule: This activity will be conducted annually 2003- 2008. Recorded Activities Completed Outlined below is a description of the specific activities that were undertaken by the City over the past year that document the City has met the measurable goals associated with this BMP. . November, 2003, Public Works Personnel: Investigated current costs for utilizing alternative materials such as salt brine solutions and magnesium products. Due to costs, detrmination was made to remain with current deicing practices. . I hereby c~rtify that the above activities were completed. p ~ Signature of Responsible Official Director of Public Works Title 3-10-04 Date . . BMPs STREET SWEEPING PROGRAM 6.5 Minimum Control Measures Addressed by This BMP x Construction site runoff controls Post-construction stormwater management Pollution prevention/ good housekeeping Public education and outreach Public participation and involvement X lllicit discharge detection and elimination BMP Description: The City will sweep streets a minimum of one time annually in an effort to reduce the amount of sediment and trash reaching the storm sewer system. Measurable Goals: The City will record the annual number of times streets are swept as well as document any additional activities that were undertaken regarding this program. Responsible Person: Name: Larry Brown Title: Public Works Director Phone: 952-474-3236 E-mail: lbrown@ci.shorewood.mn.us Timeline I Implementation Schedule: This activity will be conducted annually through the lifetime of the permit (2003-2008). Recorded Activities Completed Outlined below is a description of the specific activities that were undertaken by the City over the past year that document the City has met the measurable goals associated with this BMP. . May, 2003, street sweeping: The City swept all streets to remove sand and residue left on the roadways from the winter season. . October, 2003, street sweeping: The City swept all streets to leaves and debris from the roadway. I hereby certify that the above activities were completed. Director of Public Works Title 3-10-04 Date ature of Responsible Official BMPs NPDES PERMIT FOR INDUSTRIAL ACTIVITY 6.6 Minimum Control Measures Addressed by This BMP x Construction site runoff controls Post-construction stormwater management Pollution prevention/ good housekeeping Public education and outreach Public participation and involvement Illicit discharge detection and elimination BMP Description: The City will evaluate its maintenance facility and apply for a General Storm Water Permit for Industrial Activities in accordance to the NPDES requirements. Measurable Goals: The City will submit Industrial Storm Water Permit Inspection Reports or a No Exposure Exemption as required by the permit. Timeline I Implementation Schedule: The City will submit a permit application by the required March 2003 deadline. Subsequent inspections will be conducted as required by the permit. Responsible Person: Name: Larry Brown Title: Public Works Director Phone: 952-7474-3236 E-mail: lbrown@ci.shorewood.mn.us Recorded Activities Completed Outlined below is a description of the specific activities that were undertaken by the City over the past year that document the City has met the measurable goals associated with this BMP. . + March, 2004, Site inspection and procedure review: Personnel performed an routine inspection for storage of materials and operations as it relates to stormwater runoff. A determination was made tha.t procedures are adequately in place to insure that hazardous chemicals are stored, transported an applied properly. + March, 2004, Industrial Storm water Permit: Application has been submitted for permit with a no exposure exemption requested. I hereby certify that the above activities were completed. ~ji< ~ Signature of Responsible Official Director of Public Works Title 3-10-04 Date ,.. . . CITY OF SHOREWOOD PARK COMMISSION WORK SESSION TUESDAY, MARCH 9,2004 5755 COUNTRY CLUB ROAD CITY HALL 6:00 P.M. MINUTES DRAfT 1. CONVENE PARK COMMISSION WORK SESSION MEETING Chair Arnst convened the meeting at 6:00 P.M. A. Roll Call Present: Chair Arnst; Commissioners Callies, Davis, Meyer, Young, and Farniok; City Engineer Brown; City Council liaison Lizee; and Technician Bailey Absent: Commissioner Gilbertson B. Review Agenda 2. PARK FOUNDATION Commissioner Callies indicated that she requested this meeting, as Park Foundation liaison, to discuss the relationship between the Park Foundation and Park Commission. Many members of the Foundation were concerned about what they were raising money for, and how the Park Commission perceived them. Callies stated that the by-laws do identify what the connection between the Foundation and Commission is, in that the Foundation serves the Park Commission. Since the Park Foundation is raising money for park purposes, it makes sense that the Park Commission shares its vision with the Foundation. Callies stated that it is the Foundation's intent to promote what the parks have and to promote the idea of generating endowments for the parks. She emphasized that ongoing communication needs to continue to promote the parkvision. Meyer indicated that the Commission had recently supplied the Foundation with a numbered list of priorities in January. Meyer asked whether it is legal for the Park Commission liaison to be a voting member on the Park Foundation. Lizee stated that Attorney Keane indicated that the Foundation by-laws do allow for a voting member from the Park Commission on the Board of the Foundation. The Commission requested a formal opinion from the City Attorney on this item. Chair Arnst asked for a directive and clarification from the Council as to the role of each organization. Lizee stated that at the last meeting, the Council discussed the fact that the Foundation is meant to be a fundraising vehicle for Shorewood parks. She stated that the Foundation's connection to the Commission is to work with the Commission to get ideas from the Commission and be able to promote them. Ultimately, the Council must make the. decisions, as the Commission is a recommending body and the Foundation is a fundraising body of volunteers. Lizee stated that, although separate, the two groups should work together. #71t - PARK COMMISSION AGENDA TUESDAY, MARCH 9,2004 PAGE20F2 Discussion ensued regarding the role of the Park Commission liaison to the Parks Foundation, and cooperation between the two organizations. Callies had to depart; however, suggested the Commission continue to discuss the role of the two entities. Chair Arnst asked for definition or clarification regarding interaction between the Commission and the Foundation to be given to the Commission by the Council at the next meeting. Speaking for herself, Lizee stated that the Foundation is a group of volunteers whose mission is to raise funds for park purposes in Shorewood. The Commission is a planning group that works with the parks, has visions for the parks, gets ideas, and generates plans. She stated that she did not view the Commission as a fundraising arm of the City and, in fact, the two groups are two distinct organizations that work together towards the same goals of improving parks in Shorewood made up of volunteers. She agreed that clarification of these rules was necessary to move forward. The Commission requested to see a copy of the by-laws for their review. 3. ADJOURNMENT The Commission adjourned to their Regular Park Commission Meeting. RESPECTFULLY SUBMITTED, Kristi B. Anderson Recording Secretary - ., ~ . . CITY OF SHOREWOOD PARK COMMISSION MEETING TUESDAY, MARCH 9,2004 5755 COUNTRY CLUB ROAD CITY HALL 7:00 P.M. MINUTES DRAFT 1. CONVENE PARK COMMISSION MEETING Chair Arnst called the meeting to order at 7:04. A. Roll Call Present: Chair Arnst; Commissioners Davis, Meyer, Young, and Farniok; City Engineer Brown; City Council liaison Lizee; and Technician Bailey Absent: Commissioners Gilbertson and Callies B. Review Agenda . Young moved, Meyer seconded, approving the Agenda as submitted. Motion passed 5/0. 2. APPROVAL OF MINUTES A. Park Commission Meeting Minutes of February 10, 2004 Meyer moved, Farniok seconded, approving the Park Commission Meeting Minutes of February 10,2004 as submitted. Motion passed 5/0. B. Park Commission Work Session Minutes of February 10, 2004 Young moved, Davis seconded, approving the Work Session Minutes of February 10, 2004, as presented. Motion passed 5/0. 3. MATTERS FROM THE FLOOR . There were none. 4. REPORTS A. Report on City Council Meetings of February 23, 2004 and March 8, 2004 Engineer Brown reported that there was a petition at the February 23rd meeting for the extension of watermain along Timber Lane, the petition was found to be adequate; therefore the City will begin a feasibility report for the extension of water along Timber Lane. The Southshore Senior Center also gave a report. Music in the Parks was brought up to the Council as a Parks item and was received favorably by the City Council. Based on feedback, it seems many people have been excited by the idea since it has been published in the periodicals. Brown stated that there was also a Shorewood Lane resident whois pursuing changes that he desires regarding grading of the South Lake Minnetonka Public Safety facility. Of concern is the north and east slopes, as his rental property backs up to that. On March 8th the resident returned and Council directed him to seek a remedy through the coordinating committees. Brown stated that since the Public Safety Facility is not owned by the City of Shorewood, it is owned by the Fire, Police, coordinating committees comprised of Councils of each City to manage that property. On March 8th, there was discussion about traffic along Radisson Road where residents had requested that changes be made to eliminate cut through traffic. Council did authorize an expenditure of funds PARK COMMISSION AGENDA TUESDAY, MARCH 9, 2004 PAGE 2 OF 5 to study some alternatives for Radisson Road. Finally, Brown stated that he had presented the County Road 19 plan to Council last night without the streetscape items. The landscape firm will be incorporating this portion of the plans into the proposal within the next few weeks. He indicated that he would bring those plans to the next Park Meeting to share with the Commission. He mentioned that the Shopping Center owner has reached a tentative agreement with the County of how their mall and parking will be impacted. The County has indicated that they anticipate having the right of way in hand by August 1st, with construction expected to begin early in the season, mid May. B. Report on Park Foundation Meeting - Park Commissioner Callies Chair Arnst noted that this was addressed in an earlier work session this evening. C. Update on Concessionaire Agreement - Larry Brown, Public Works Director Brown reported that the Concessionaire Agreement was revised to include item 6, regarding unsold items. The one update that was not included in the memorandum was that Charlie Davis has indicated to the City that he does not wish to continue to act as the concessionaire this year. While the contract was revised to include weekends, Brown did not believe this impacted the concessionaire's decision. . Chair Arnst asked if Brown had contacted Girls Softball about the availability to run the concessions. Brown stated that he had not yet notified the sports organizations. Meyer asked if Brown would still be involved in the concessions. Brown stated that he will likely be more involved in the process. Staff has been discussing the . potential of requiring the concessionaire to purchase the product; however, he felt the City would lose the ability to control the inventory and cash flow. Meyer also noted that it would be unlikely the City could fwd an independent contractor to foot the bill for inventory. 5. DOG PARK A. Explore Space Possibilities Chair Arnst explained that a resident had recently encouraged the Commission to consider the introduction of a dog park to Shorewood which, in turn, persuaded the Commission to add it to its goal list for this ear. She suggested this item be considered further in the work session slated after the meeting this evening as the Commission examines the park maps. 6. UPDATE ON MUSIC IN THE PARK Chair Arnst indicated that Park Secretary Grout had done some investigation regarding the Music in the Park concept and suggested the Commission make a motion to recommend to the Council that the City host a series of three music events this summer. PARK COMMISSION AGENDA TUESDAY, MARCH 9, 2004 PAGE 3 OF5 Brown suggested the Commission consider making a second motion to recommend whether this will be a sponsored event. Meyer asked whether the Commission was comfortable with the amount of money estimated for these events. Chair Arnst suggested that a couple of Commissioners determine a budget and what kind of sponsors the City could get for the event and then fit that together with the price estimates. Meyer questioned whether the Commission had the budget to execute the series without a sponsor. . Brown felt there was a great deal of momentum behind this concept, based on the positive feedback he'd received regarding this event. He did not believe gaining sponsored support would be difficult. Brown pointed out that the Commission has park funds and capital improvements funds available. Young felt it was important to launch the series well and not be concerned about cutting comers in order to save money. Farniok moved, Davis seconded, to recommend to the City Council that the City host a series of three Music in the Park concerts, one each in June-July-August. Motion passed 5/0. With regard to the question of sponsorship, Young indicated that he was very comfortable with sponsorship. Davis suggested the Commission layout guidelines for sponsorship. . Farniok agreed with Brown that there are soft benefits for that type of cooperation within the business community which demonstrates how the City and businesses are working together to benefit the community. Davis moved, Young seconded, to recommend to the City Council that the City pursue sponsorships. M?tion passed 5/0. 7. DISCUSS ASSIGNMENTS FOR COMMISSIONERS A. Monthly City Newsletter Articles Chair Arnst indicated that she was feeling overwhelmed by the number of events she has been pursuing on behalf of the Park Commission and asked for assistance from the Commission. As the deadline is approaching on the 15th, Chair Arnst asked for assistance covering the articles for the rest of the year. Davis indicated that she would cover the article for this month. She stated that a series of articles about water quality would be her initiative; whereas, others could just write up notes about the meetings. Davis stated that she could extend her series to cover March-May. PARK COMMISSION AGENDA TUESDAY, MARCH 9, 2004 PAGE40FS Famiok stated that she would help with a "blurb" of the meeting for April and turn that over to Davis. B. March 13 Minnewashta Church Event Chair Arnst explained that the Minnewashta Church, near Cathcart Park, contacted Brown last week to inform him that they will be hosting a health fair next weekend entitled Mind, Body, and Spirit. For the "Body" part, the Church representative suggested the City provide a display that has to do with Shorewood parks and trails, promoting physical health. Gilbertson has volunteered to take the lO-lPM shift and Chair Arnst asked if someone else would be willing to take the second shift. She indicated that Julie Moore has photos, brochures, and information that could be put together for a display. Young indicated that he would be willing to cover the second shift. Chair Arnst suggested he coordinate that with Gilbertson and contact Moore about supplying you with a display for the event. Brown indicated that he would also leave a note for Moore. C. Music in the Park Chair Arnst, Famiok, Davis, and Meyer stated that they would assist with the Music in the Park senes. D. Skate Park Research Brown stated that it would be far easier for City staff to take this effort on and meet with Tim Hughes to determine what updates should be made. E. Park Commissioner Seminars Chair Arnst asked the Commissioners how they felt about trying to delay this until fall or whether the Commission should try to pursue the second in the series for spring. Young stated that he would be inclined to delay the seminar until the fall to give the Commission an opportunity to meet with the new head of the Association and determine if she has the same level of enthusiasm to further the program. Chair Arnst noted that they had not even determined what the agenda would consist of. Meyer stated that she would be interested in including the water quality subject that would be of interest to others. Young suggested they let the other cities know that they are thinking fall for the next in the series and would encourage them to bring some of their examples of 'best practices' to share at the meeting. . . PARK COMMISSION AGENDA TUESDAY, MARCH 9, 2004 PAGE 5 OF 5 Meyer suggested an October timeline. 8. NEW BUSINESS Famiok stated that she had her orientation and found it to be useful. 9. ADJOURNMENT Davis moved, Young seconded, to adjourn to the Work Session. Motion passed 5/0. RESPECTFULLY SffiMITTED, Kristi B. Anderson Recording Secretary . . CITY OF SHOREWOOD PARK COMMISSION WORK SESSION MEETING TUESDAY, MARCH 9, 2004 5755 COUNTRY CLUB ROAD CITY HALL IMMEDIATELY FOLLOWING REGULAR MEETING MINUTES ~nRF' T u ~:\J, 1. CONVENE PARK COMMISSION WORK SESSION MEETING Chair Arnst convened the Work Session immediately after the regular Park Commission meeting. A. Roll Call Present: Chair Arnst; Commissioners Davis, Meyer, Young, and Farniok; City Engineer Brown; City Council liaison Lizee; and Technician Bailey Absent: Commissioners Gilbertson and Callies . B. Review Agenda 2. QUESTIONS I REVIEW OF MASTER PLAN Brown indicated that the task before the Commission is to determine how the City can manage its parks. This is the next step, looking at the master plan to determine how use and development should be guided. The Commission has been charged with holding public hearings, evaluating request that come before them, and saying does this fit within the guidelines of our comprehensive plan or doesn't it. By putting forth a comprehensive planning document and policies and guidelines which govern it, the Commission can make an objective decision. Once this tool has been recommended by the Commission, and receives City Council approval, this tool will act as a planning diagram for the Council when evaluating requests that come in. . Brown acknowledged that this process will take a considerable amount of time in order to determine strong policy statements to accompany the guidelines. Brown stated that the first steps include taking an inventory of what the City has, and what each park offers. With regard to the Badger Park Map, Brown reviewed the inventory list and suggested that the Commission consider setting up a zoning map of sorts for park use, similar to Planning Maps. By identifying areas within parks that are active or passive, the park activity maps will help to differentiate classifications. 3. DISCUSS PARK USE I ACTIVITY MAP A. Define a Balance and What We Want to Achieve Young stated that, within Badger Park, the Commission has not fulfilled any of the recommendations they made to themselves when reviewing the master plan. Bailey explained that the activity maps provide a snapshot of where the parks are at. Brown stated that the proposed 'goals' for the parks will be different than the 'zoning maps' for the parks that they will be developing through this process. Brown admitted that, while the Commission needs to strive to achieve the goals set forth in the master plan, this process will help to direct requests and development of the parks as they work towards those goals. For example, given the park master plan and the activity map, the Commission will know how the park is governed and to be zoned. He suggested three or four colors be used to define high PARK COMMISSION AGENDA TUESDAY, MARCH 11,2003 PAGE20FS intensity use, medium intensity use, low intensity use, or passive on each given park activity map. Chair Arnst compared the high mega intensity use of the little league fields to the appearance of lesser use activity at the other end of Freeman. Farniok asked how open space or green space fit into the equation. Brown gave the example of a sports organization request for additional ball fields in place ofa picnic open space. By building open space into the activity map, the Commission can refer to this as a method or tool which justifies the park activity or lack of activity for a given park. Chair Arnst pointed out that, based on the most recent surveys, open space is one of the most desirable aspects of Shorewood resident's parks'. On the other hand, the ones who will come before the Commission to make requests will be the sports organizations. Brown suggested the Commission consider what is worth preserving in each of the parks, as well as, what the basis is for this assumption. By defming what is most important in a park, for example open space, the Commission has identified a district which guidelines and regulations for that district can follow. While the framework has been set up for these districts, such as neighborhood parks, community parks, community playfields, regional parks, etc. Bailey suggested activity districts be identified by color which could then follow the types of parks. Brown stated that neighborhood parks would consist of Cathcart, Manor, Silverwood, and Badger and serve nearby neighborhoods. Community Playfields consist of Freeman facilities and Minnetonka school district fields. Freeman would also overlap as a community park. Young questioned how open space could be defined. Brown asked what the Commission felt the definition should be for open space. Chair Arnst suggested they refer to the definition supplied by the LCEC for open space. Brown indicated that it would be a passive space, a green open space that could be further defined by the Commission to fit its needs. Brown believed that what constitutes park open space can be reduced through this process. Chair Arnst stated that she envisioned open green space free for use and play without structures, but may be mowed. She indicated that the Freeman woods would not be considered open space. Young agreed the Commission must agree upon a definition for their purposes of both open space and passive use before they proceed. Brown concurred with Arnst that the 'cozy woods' is space that is not high use and still may be a passive use area, but is definitely not open space. He asked others to share their definition for open space. Young stated that, in his opinion, the definition of open space would be the absence of a formally defined play activity or structure. . . PARK COMMISSION AGENDA TUESDAY, MARCH 11, 2003 PAGE30F5 Famiok stated that the open wooded area may be a worthy preservation area which would be 'unavailable' for development. Davis stated that she would identify four areas as undeveloped land, undevelopable land (treed area worth preserving), unstructured park space (open grassy space), and natural space (wetlands! gardens). Young agreed that these would all fit within the sub heading of open space. In this working definition, Chair Arnst stated that the term open space would act as an umbrella for those four sub headings presented by Davis. Brown stated that he did not know of any other community who has gone so far as to' setting up park zoning maps and activity maps which is cutting edge and driven by the demand for intense use. He asked for other comments regarding open space. . Chair Arnst indicated that it would be her desire to preserve what open space the City has. B. How to Accommodate Sport Organizations and Other Activities Brown noted that now is the chance for the Commission set up the comprehensive guidelines of what they wish to see preserved within the park system as the Commission is approached with requests from organizations. While the assumption is that the Commission wishes to preserve what we have, Farniok noted that this might not dictate what development may occur. Brown stated that it would not be unreasonable to say the Commission does not wish to add any more high intense use areas than what currently exists if the Commission is in agreement. . Chair Arnst pointed out that, as demand increases, the existing park land dedicated to high intensity use can be reconfigured to accommodate that use to maintain a balance situation. The example of LaCrosse was discussed for shared field use. Brown stated that as he reviewed Badger and Cathecart parks they both fall within the definition of two park classifications, i.e. neighborhood parks. While he had hoped the Commission could eventually arrive at a percentage for each park classification, Brown acknowledged that there may be overlaps in which parks may need to be classified individually. Chair Arnst stated that it seems to her that the priority expressed by the Commission thus far is to preserve the green space or open space that exists. On the other hand, Famiok suggested that the Commission attempt to maintain the balance of open space to active use, since no one knows what future use might be. Chair Arnst stated that this would make sense, by giving the City some flexibility to move some things around and mitigate for additional use in certain areas while balancing the use in other areas. Brown stated that the flexibility would justify the case for percentages rather than delineated color coded areas. By assigning a certain percentage for designated green open space in each park, the City can therefore preserve the aesthetics of a park, but also allow for flexibility in Davis asked who's jurisdiction the open space falls under. . PARK COMMISSION AGENDA TUESDAY, MARCH 11, 2003 PAGE 4 OF 5 development. One area could be restored to a natural state, while another area is turned into a useable space if necessary. Bailey stated this might be a good way to regain unused developed space for natural habitat in exchange for a different usable location. Davis suggested that the natural space definition within the open space definition should include the term habitat. For clarification, Brown repeated the four sub headings within the open space definition, which included, undeveloped, undevelopable land, unstructured park space, and natural habitat. He felt the next task would be for Bailey to return to the maps and try to calculate the total amount of space within each park today which makes up this open space definition the Commission has created. While this mission may take a bit more time, Brown stated the Commission could continue to develop the definitions for the park activity map. Brown stated that this question has been under debate and was addressed by the Mayor and the LCEC. Since Gideon Glen falls within the open space definition, and once the LCEC was disbanded, the question remained under what jurisdiction open space parcels fall. Although she recalled asking the question, Chair Arnst stated that she was unaware of how this decision was left. Davis stated that the differences would need to be addressed between the various sub headings of open space. Brown indicated that he would find the answer to that question and return with that for the Commission. Davis acknowledged that there are worthy areas to preserve in Shorewood and she questioned how the City would do this. . Brown stated that, although the LCEC was disbanded, it was left that they could be called to action upon request. Chair Arnst asked if the Commission could provide Brown with any further direction this evening. Brown stated that he left the discussion very open this evening and, in fact, he was surprised at how far they'd come with their discussion. He felt the next step would be to look at the designated parking areas to determine if and when they would ever be expanded. After that, Brown suggested they examine the high intensity use areas, and if or how they should be governed. Meyer stated that the neighborhood parks would be far easier to govern based on lighting and noise levels within the residential area. Brown stated that an alternative to creating more field space might be to add lights to make more effective use of the field space available, as one possibility. PARK COMMISSION AGENDA TUESDAY, MARCH 11, 2003 PAGESOFS Chair Arnst asked if the Commission should hold an additional work session to discuss these topics. Brown agreed that might be a worthwhile endeavor. Chair Arnst stated that they could schedule a short work session later this month. She asked Brown if they were at a point at which the wetland tree inventory could be added to an upcoming agenda. Brown stated that he was striving to meet a deadline regarding MS4 storm water plans. In the meantime, Brown indicated that he has learned that Dakota County was awarded a grant for aquatic plantings. He mentioned that inventorying trees at Freeman will be an enormous task, and require much manpower. . Chair Arnst suggested they add the discussion of a dog park to the next work session agenda, as an off shoot of open space planning. Young stated that he was uncomfortable re-examining this new effort of inventorying without whole heartedly completing the goals as laid out for the parks. He felt some time should be devoted within the next work session to evaluate the master plan goals of each park before proceeding with a new effort. Brown asked for suggestions regarding this discussion. The Commission complimented Brown on the forum and discussion which led to the open space definitions. It was agreed that the upcoming work session would be held on March 30, 2004. 4. ADJOURNMENT . The Park Commission Work Session adjourned at 10:05 P.M. 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:. Mayor and City Council Craig Dawson, City Administrator Larry Brown, Director of Public Works ~ February 18, 2004 FROM: . DATE: RE: Music in the Park At the February 10th, 2004, Park Commission Work Session the Commission discuss~ the potential to establish events and dates for "Music in the Park." The discussion focused on music events in Freeman Park using the covered pavilion area of Eddy Station. Three dates were suggested for these events. These dates are: . Friday, June 11 th . Friday, July 9th . Friday, August 13th . The Park Commission returned on March 9th, to the regularly scheduled Park Commission meeting, to formally consider this concept. The Park Commission approved the recommendation that the above dates be established for the events of Music in the Parks. The Park Commission will seek vendors to perform during these dates. It is anticipated that Park Funds would be utilized to help obtain vendors for these events. In addition, the Park Commission also discussed the idea of corporate sponsors for these events. Commissioners had some reservations in brining on corporate sponsors. Concerns raised centered on the potential for "obtrusive signage or unwanted advertising" being posted at the event sites. After considerable discussion, it was recommended that sponsorship for these types of events be allowed. Allowing businesses to sponsor the event builds community in a number of ways. It was recommended that any acknowledgement of sponsors would occur only on the back of any programs printed for such events. ft ~., PRINTED ON RECYCLED PAPER ~7B ..(~ Mayor and City Council Music in the Parks March 17, 2004 Page 2 of 2 Therefore, the item before the City Council is actually two separate motions. The first is to accept or reject the plan for Music in the Parks for the dates specified, and allowing the Park Commission to utilize general Park funds to locate vendors for the events. Assuming the first motion is approved, the second motion is to permit or deny corporate sponsorship as part of these events. Recommendation The Park Commission approved the following recommendations. 1. To establish the Fridays of June 11, July 9, and August 13,2004 as Music in the Park events at Freeman Park. 2. Sponsorships and donations may be accepted to help offset costs of these events. . . ~ . . CITY OF SHOREWOOD SOUTHSHORE SR./COMM. CENTER (ACTIVITY ROOM) PLANNING COMMISSION MEETING 5735 COUNTRY CLUB ROAD TUESDAY, MARCH 9, 2004 7:00 P.M. MINUTES ~~ ~~~ CALL TO ORDER Chair Bailey caned the meeting to order at 7:20 P.M. ROLL CALL Present: Chair Bailey Commissioners Borkon, Conley, and Woodruff; Council Liaison Turgeon, and Planning Director Nielsen Absent: Commissioner Gagne, Packard, and Pisula APPROVAL OF MINUTES . February 17, 2004 Borkon moved, Woodruff seconded, Approving the February 17, 2004, Planning Commission Meeting Minutes as presented. Motion passed 4/0. 1. 7:00 P.M. PUBLIC HEARING - AMENDMENT OF CONDmONAL USE PERMIT FOR MULTIPLE SIGNAGE A1>1>licant: Shorewood Village Shopping Center Location: 23600 - 23800 Highway 7 Chair Bailey opened the Public Hearing at 7:22 P.M., and reviewed the procedures utilized in a Public Hearing, noting items recommended for approval would appear on the March 22, 2004, Regular City Council Meeting Agenda for further discussion and consideration. Director Nielsen explained representatives of the Shorewood Village Center had submitted an application to revise the center's existing conditional use permit for multiple signage. He went on to explain Shorewood's Zoning Code allowed each commercial property up to three signs - one freestanding and two wall signs. Properties with multiple tenants, such as a shopping center, by conditional use permit, could be allowed more signs based upon an overall sign plan approved by the City. The City's regulations allowed the property owner latitude with respect to the design of the signage plan. In the past, the center was quite restrictive, going so far as to specify lettering style and color. The new plan provided for more flexibility in this regard. Tenants were allowed different lettering styles and a broader choice of colors, and under the revised plan, logos were allowed for display as well. Director Nielsen also stated the biggest change in the new plan was that signs would be allowed to be internally lit with LED lighting. Director Nielsen explained the City's primary concerns with respect to signage in this case were the size number of signs. The revised plan spelled out how big and how many signs were allowed for each of two types of tenants. "In-line" and "Interior Mall" tenants were allowed one sign each, to be located within the signage band on the front of the building, not to exceed 20 square feet in area. Major tenants occupying 5000 square feet or more of the center, were allowed additional signage. After clarification of the applicant's determination of appropriate signage planned for each type of tenant, Director Nielsen stated the total sign area for the major tenants remained of some concern. Although the total area of signage was within 10 percent of the building silhouette area, 150 square feet was considered a great deal of signage. This issue may be somewhat self-controlling as long as signage is limited to three in number , PLANNING COMMISSION MEETING MINUTES March 9, 2004 Page 2 of 7 ,/ and all signs are limited to the approved sign band on the building. Also of concern, Director Nielsen explained, were two new tenants' requests to have the business name included with the previously allowed "open/closed" signage. With regard to the plan submitted, Director Nielsen's recommendation was that these signs be allowed, as long as it included only business identification and open/closed information, and remained limited to three square feet in area. Director Nielsen went on to explain this plan did not reference a freestanding sign that had been addressed in the C.U.B. signage approval. He stated the two plans should be considered as one. One item not addressed by either plan was temporary signage. Despite staff s advice to incorporate some sort of message board into the freestanding sign, the developer chose not to do so. Consequently, the center would be limited to two temporary signs per twelve-month period, for seven days at a time. Since the City had no interest in being involved in competition for this signage, any requests for temporary signage must come through the center in the future. He also recommended the sign criteria presented to tenants should be amended to include a provision previously listed in the development agreement for the site that provided the City with the authority to remove signs that had not been approved. Seeing no one present wishing to speak before the Commission, Chair Bailey opened and closed the . Public Testimony portion of the Public Hearing at 7:40 P.M. Various Commissioners clarified the size of signage to be displayed. Commissioner Conley stated the change in lighting the signs by utilizing LED lighting was considered a conventional way to mark the location of a store within the shopping center area, and would make that identification easily displayed. Woodruff moved, Borkon seconded, Recommending Approval of an Amendment to a Conditional Use Permit for Multiple Signage, subject to Staff Recommendations, for Shorewood Village Shopping Center, 23600 - 23800 Highway 7. Motion passed 4/0. Chair Bailey closed the Public Hearing at 7:48 P.M. 2. 7:15 P.M. PUBLIC HEARING - SUBDMSION Applicant: Location: BLUFF SETBACK VARIANCE AND MINOR Thomas Thiss 6110 Ridge Road . Chair Bailey opened the Public Hearing at 7 :49 P.M. Director Nielsen explained Mr. Thomas This proposed subdividing his property at 6110 Ridge Road into two lots. Due to the topography on the eastern half of the lot, Mr. Thiss had also requested a variance to the bluff setback requirement. Director Nielsen also explained the subject site was zoned R-IA1S, Single- Family ResidentiallShoreland and contained 2.42 acres of land. It was occupied by a single-family dwelling and a detached garage. The property was accessed by Ridge Road, a private street. The land was situated between Christmas Lake and Silver Lake, and was relatively wooded and dropped rather dramatically (>40 percent grade) toward Silver Lake. The proposed lots would contain 45,239 square feet (west lot) and 60,145 square feet (east lot). The applicant had provided hardcover calculations showing the lot with the house on it would have 21.7 percent impervious surface. The small garage on the west siPe of Ridge Road was nonconforming with respect to side yard setback requirements. . Although both of the proposed lots met or exceeded the R-IA1S size requirements, the applicant was asked to demonstrate the new lot would be buildable. Driveway grade and bluff impact were two issues raised in the initial review of the proposed division. The applicant was directed to show a driveway e. e PLANNING COMMISSION MEETING MINUTES March 9, 2004 Page 3 of7 serving the new lot could meet a maximum eight percent grade. The proposed building pad shown on the survey provides for a driveway that meets the City's requirements. The slope of the land in the southwest corner of the new lot was more gradual than most of the lot. In spite of that and despite taking advantage of the average setback provision allowing a reduced front yard setback where adjoining structures were closer to the street, the proposed building pad encroached into the 20-foot bluff impact zoned for Silver Lake. Director Nielsen further explained that even if the house pad was reduced to comply with the bluff setback, the driveway would still need to encroach in order to meet the maximum grade requirement. With regard to variance criteria, the proposed division was not considered out of character with the other properties on Ridge Road. The newly created lot would be one and one-half times as large as the R-IA district required, and would be among the largest lots on the road. Also, the new lot was situated between two similar lots, one somewhat more gradual, and the other considerably steeper. The applicant's hardship was considered to be related to topographic constraints. Director Nielsen stated if the variance was to be favorably considered, approval should not be granted without the following conditions. First, a buildable area must be defined. The plan submitted by the applicant proposed to average the building pad between the two adjoining structures. This would place a small part of the building pad within the bluff impact zone. He recommended the building not extend northerly beyond the line shown on exhibits submitted with the application as the bluff. This should be incorporated into a deed restriction and recorded against the property. Director Nielsen stated the proposed division would increase the nonconfonnity of the detached garage. Thus, it was recommended this building either be moved into confonnity with setbacks, or be removed from the site. In addition to the recommendation in the two preceding paragraphs, Director Nielsen also recommended the following: 1. The survey should be revised to eliminate any portion of the building shown forward of the average setback line. The survey should also locate the sewer line and easements along the north side of the lot and extending across the east end of the property near the lake. 2. The applicant's surveyor must show ten-foot drainage and utility easements around each lot and include legal descriptions for the easements 3. The survey should provide for a 10'x 20' pull out on Ridge Road. This must be constructed by 1 July of this year. A letter of credit or cash deposit should be required in order to guarantee completion. 4. If the garage can not be moved or removed before the division was recorded, an estimate for its relocation or removal must be submitted, from which a letter of credit or cash deposit should be required in order to guarantee completion by 1 July ofthis year. 5. Future construction on the new lot should be conditioned upon the grading of the lot and the design of the foundation for the home being designed by a registered professional engineer. No site alteration should be allowed to the east of the 150-foot setback for Silver Lake, and no disturbed slope shall exceed 3: 1. Al Austin, 6140 Ridge Road, questioned how the lake would be accessed from the properties in the future. . PLANNING COMMISSION MEETING MINUTES March 9, 2004 Page 4 of7 6. The applicant's attorney should prepare a deed restriction, suitable for recording, with the City as a signatory, to be recorded with the resolution approving the division. The deed restriction should put future propelty buyers on notice that the lot was restricted. 7. Prior to release of the resolution approving the division and variance, the applicant must pay park dedication ($1500) and local sanitary sewer access charges ($1200) for the new lot. 8. The applicant should provide an up-to-date (within 30 days) title opinion on the property for review by the City Attorney. Director Nielsen noted the applicant was in attendance this evening. Thomas Thiss, 6110 Ridge Road, thanked the Planning Commission for considering this issue this evening. He stated he thought the issues Director Nielsen raised, along with the resolutions for those issues seemed fair and reasonable. Mr. Thiss went on to stated he had spoken with an architect who believed there to be ample room for construction of a home on the newly created lots, and the building pad would be the only sensible place to place a home on that site. Further, Mr. Thiss stated he thought it . important to preserve the ecological conditions, including the bluff, associated with each of the proposed sites. With regard to the garage, Mr. Thiss stated he thought it impractical to remove it from the site, as it had been there for fifty years, was unobtrusive, and served as a place to park his car in the winter when he could not access his house. He also stated to relocate the garage would be difficult as the garage was set into the hillside up to the roofline. Also, two mature trees would suffer as a result of damage to their root systems should the garage need to be removed or relocated. To relocate the garage to a conforming location would include massive amounts of grading, and he stated it just did not seem practical to do so. He also noted other houses closer to the road, and while he understood how the garage became a setback issue in the eyes of the law, the most ecologically sound decision would be to allow the garage to remain in its current location. Chair Bailey closed the Public Testimony portion of the Public Hearing at 8:09 P.M. In response to Mr. Austin's and Commissioner Borkon's question regarding access to the lake, Director Nielsen stated a walking easement could be placed on the property. Each lot would be allowed one dock only to be used by the resident. He stated accessory buildings could not be constructed, however, an easement could be granted to allow persons to walk and access the lake. In response to Commissioner Borkon's question about the existing garage on the site, Director Nielsen also explained the subdivision was increasing the nonconformity due to its proximity to the newly proposed front yard area. Commissioner Conley stated he had no problem with allowing partial encroachment into the 20 foot buffer area for the driveway, as a twenty feet setback was needed from the bluff. Chair Bailey questioned the number of houses on Ridge Road that were allowed to be built within the bluff impact zone. Director Nielsen stated he was uncertain, however, be believed it to be a majority as most of the houses being discussed were built prior to impact requirements. . . PLANNING COMMISSION MEETING MINUTES March 9, 2004 Page 5 of7 Director Nielsen went on to explain the Department of Natural Resources (DNR) has designated bluff impact zones for the purposes of erosion control, and aesthetics, so that buildings would need to be built at a distance from the edge of a bluff, and could not easily be viewed from below. Chair Bailey stated it seemed clear the driveway would need to encroach into the bluff impact zone to maintain appropriate grades, however, he did not see a hardship in this case, and thought the house could be built within the buildable area of the lot. Commissioner Conley agreed, noting a substantially sized house could be placed on the site without encroaching into the buffer area. Commissioner Woodruff also agreed. Borkon moved, Granting a Minor Subdivision with Bluff Setback, except for removal or relocation of the nonconforming garage. Motion failed for lack of a second. Woodruff moved, Borkon seconded, Recommending Approval of a Minor Setback and Bluff Setback Variance, subject to the house being constructed within the buildable lot area and could not be built within. the twenty-foot bluff setback area, with the driveway built as proposed in the application, and the sewer accessing the property from the northerly side of the lot. Commissioner Woodruff stated she thought it imperative the garage be brought into conformity as precedents had been set in the past for this very issue. Commissioner Borkon stated she thought the garage served the purpose of hardship in the winter for the applicant, and had been "grandfathered" in this case. She stated the garage was unobtrusive, attractive, and enhanced the rustic setting of the lot with no impact to the new property. Motion passed 4/0. Chair Bailey closed the Public Hearing at 8:41 P.M. 3. PUBLIC HEARING - BOSWORTH P.U.D.- CONCEPT STAGE PLAN Applicant: Kelly Bosworth Location: 6120 and 6140 Lake Linden Drive Chair Bailey opened the Public Hearing at 8:42 P.M. Director Nielsen explained the Commission had discussed additional uses for the R-C Zoning District at the February 17, 2004, Planning Commission meeting. Also at that meeting, the Commission directed Staff to draft possible language that would set forth the conditions under which a day care center or day spa could be located within a P.U.D. zoning district. Although somewhat premature for concept stage approval, Staff had taken extra time to draft a P.D.D. agreement so the Commission could see how the various elements of approval would ultimately be adopted. Director Nielsen then reviewed the history of the case and the site plan associated with the current request. He went on to explain one of the concerns with the land use aspect of Dr. Bosworth's request was whether day care centers and day spas were in keeping with the types of uses intended for the R-C zoning district. Based on trip generation information, true day spas compared favorably with medical and dental offices. The draft agreement called for health and wellness facilities with cosmetology as incidental services. The agreement attempted to preclude beauty shops, nail or tanning salons by limiting the amount of area devoted these services. Somewhat surprisingly, day care centers generated more trips than medical and dental offices. Director Nielsen stated it was logical then to limit the size of day care centers in R-C types of property. The 4500 PLANNING COMMISSION MEETING MINUTES March 9, 2004 Page 6 of7 square feet maximum suggested in the agreement provided for a slightly smaller-than-average center that would generate approximately the same traffic as 10,000 square feet of office space. He also noted parking requirements for day care centers and day spas were different than those for offices. Also, day care centers required short-term parking or drop-off areas exclusive of required parking. The agreement specified that nurseries (normally allowed in the R-C district) were excluded. It also provided that the future office building should be architecturally compatible, with regard to design and materials, with the first building. He also noted Staff had sent a letter to the mailing list of property owners advising them that the Bosworth hearing will be re-opened on Tuesday, 9 March 2004. Director Nielsen also explained he had spoken with the applicant's consultant regarding these issues, and the applicant offered greater setbacks than what the Code required. Director Nielsen stated one key element of this request allowed for greater architectural control of the building design and character, noting this element was something residents expressed interest in retaining from the original design. Kelly Bosworth stated he thought the proposed recommendations were suitable, and he had worked with . Staff and the City's regulations to be able to leave open the potential areas that would attract others to the new building. Mark Kaltsas, Dr. Bosworth's consultant, landscape architect, and planner for the site, stated the conditions outlined by Staff were workable. Kevin Barnes, 6070 Lake Linden Drive, questioned the proposed height of the buildings on the site, as well as the setback from the Bost house, and how visible the building would be to neighboring residents in the area. Director Nielsen reviewed the history of the case and proposals in response to these questions. Chair Bailey noted the Commission had received two emails, one from the Bosts and another from Mr. James McFarland regarding this case. In response to Commissioner Conley's question, Director Nielsen reviewed the drainage flow patterns for . the future as associated with this case. Chair Bailey close the Public Testimony portion of the Public Hearing at 9: 17 P.M Commissioner Borkon stated this case had progressed significantly from its original submission. She stated she liked the specific ideas being discussed, as well as the proposed signage plans. Woodruff moved, Borkon seconded, Recommending Approval of the Concept Stage Plans for the Bosworth Planned Unit Development, subject to Staff Recommendations from Staff Memorandums dated October 29, 2003, through January 5, 2004, specifically including issues of parking, buffers, landscape, and building height requirements, for Kelly Bosworth, 6120 and 6140 Lake Linden Drive. Motion passed 4/0. 4. MATTERS FROM THE FLOOR Martin Wellens, 4755 Lakeway Terrace, stated he was present this evening to clarify points discussed as part of an editorial letter in the Lakeshore Weekly News from Commissioner Pisula. He submitted a letter of response to the Commission as well as additional documentation supporting his positions in the response letter. He noted the statement he submitted was representative of his neighbor's support as well as a personal response. PLANNING COMMISSION MEETING MINUTES March 9, 2004 Page 7of7 5. DRAFT NEXT MEETING AGENDA Director Nielsen explained Proposed Amendments to the R-C District, and Elements of Each Chapter of the Comprehensive. Plan were slated for the March 16, 2004, Planning Commission Study Session Meeting Agenda. 6. REPORTS · Liaison to Council Chair Bailey and Council Liaison Turgeon reported on the February 23, 2004, Regular City Council Meeting (as detailed in the minutes of that meeting). · SLUC . Director Nielsen noted the topic for the March 31,2004, Sensible Land Use Coalition Meeting was Fiscal Cramdown. This meeting was to be held at the DoubleTree Park Place hotel, in St. Louis Park, Minnesota, from 11:30 A.M. to 1:30 P.M. · Other No other reports were given this evening. 7. ADJOURNMENT Woodruff moved, Conley seconded, Adjourning the Planning Commission Meeting of March 9, 2004, at 9:42 P.M. Motion passed 4/0. RESPECTFULLYSUBNUTTED. Sally Keefe . Recording Secretary CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, MARCH 16, 2004 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES ~*\ ~~r- CALL TO ORDER Chair Bailey called the meeting to order at 7:05 P.M. ROLL CALL Present: Chair Bailey; Commissioners Conley, Packard, and Woodruff; and Planning Director Nielsen Absent: Commissioners Borkon, Gagne, and Pisula; Council Liaison Turgeon . APPROVAL OF MINUTES . March 9, 2004 This item was moved to the April 6, 2004, Planning Commission Meeting Agenda. STUDY SESSION 1. R-C DISTRICT AMENDMENT - DRAFT Director Nielsen reviewed the draft language proposed for the R-C (Residential-Commercial) District Amendment as requested by the Commission at the March 9, 2004, Planning Commission Meeting. . He reviewed the proposed changes from the existing ordinance, noting the inclusion of adult and child daycare facilities within the R-C district. Included were issues pertaining to state guidelines for licensed daycare facilities, and associated issues of off-street parking, adequate short-term parking, issues pertaining to principal or accessory use definitions, and size of the facilities. Director Nielsen also offered draft language for buffer fences or planting screens in this district, as well as a change to the hours of operation within the district previously established as 8:00 A.M. to 9:00 P.M. and now proposed as 7:00 A.M. to 9:00 P.M. Occasional emergency dental services outside of these normal business hours would now be allowed as part of the draft language as well. Final proposed issues related to changes in signage, specifically illuminated signs. llluminated signs would be allowed at least 200 feet from a residential district boundary, and could be located nearer to that boundary with screening from the residential areas. In no case were illuminated signs to be illuminated between the hours of 9:00 P.M. and 7:00 A.M. Director Nielsen noted a Public Hearing on this amendment was scheduled for the April 6, 2004, Planning Commission Meeting. After clarification by members of the Commission regarding the proposed draft language, suggested changes were to include the additional wording of "opaque screening" to the proposed amendment issues of illuminated signage, and Chair Bailey also requested calculations related to the number of children or adults allowable in facilities constructed to be 4500 square foot in gross floor area. Without objection from the Commission, Staff requested modification of the previously defined informational signs for the R-C District to allow signs to be four square feet in area rather than the three square foot signs as previously discussed. PLANNING COMMISSION MEETING MINUTES March 16, 2004 Page 2 of2 2. COMPREHENSIVE PLAN REVISIONS Director Nielsen reviewed the statistics related to the building trends, population, and land use issues as part of the Comprehensive Plan. He noted the land use map shared included a large number of wetlands that made the map seem as though there was a great deal of land left for development within the City when that was not the case. He stated this issue was being revisited to allow for future growth in planning for the City, and at the request of the Metropolitan Council, as many of the two acre parcels remaining could be available for development purposes within the next decade as the City continued to reach saturation levels in its growth. Director Nielsen noted newly updated copIes of the Comprehensive Plan would be available to Commissioners in the near future. 3. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 4. DRAFT NEXT MEETING AGENDA Director Nielsen stated three Public Hearings, including two setback variances, and an amendment to the Conditional Use Permit for special events for the Excelsior Fire District, were slated for the April 6, 2004, Planning Commission Meeting Agenda. A request for a minor subdivision would also be considered as part of that Agenda. 5. REPORTS · Liaison to Council As there had not been a meeting of the City Council since the most recent Planning Commission Meeting, there was nothing to report at this time. · SLUC No report was given as there had not been a meeting of the Sensible Land Use Coalition since the most recent Planning Commission meeting. · Other No other business was presented this evening. 7. ADJOURNMENT Woodruff moved, Packard seconded, Adjourning the Planning Commission Meeting of March 16, 2004, at 8:10 P.M. Motion passed 4/0. RESPECTFULLY SUBMITTED. Sally Keefe 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: Planning Commission, Mayor and City Council FROM: Brad Nielsen DATE: 28 January 2004 RE: Verdom, Daryl, ... Minor Subdivision FILE NO.: 405(03.33) BACKGROUND . Daryl and Carol Verdom own the property at 282HlWoodside Road (see Site Location map - Exhibit A, attached). The Verdoms propose to split off the southerly 11 feet of their lot and convey it to their son, Jim, who owns the property immediately south at 28220 Woodside Road. The proposed division and combination is illustrated on Exhibit B, attached. The northerly parcel contains 113,943 square feet and is occupied by a single-family residence. The southerly parcel is substandard for the R...IA/S, Single-fainily Residential/Shoreland zoning district, containing only 21,636 square feet. 'It is also occupied by a single-family residence. Both lots are accessed by a private road that extends off of Woodside Road. The strip ofland to be conveyed contains approximately 7004 square feet, which will bring the southerly lot to 28,640 square feet. It is the intent of the parties to bring the smaller lotup to at least 70 percent of the R-IA/Slot area requirement that makes a lot buildable. They hope to avoid having to obtain a variance in the event they demolish the smaller house and rebuild. ft ~J PRINTED ON RECYCLED PAPER #8.A. . . Memorandum Re: Verdorn - Minor Subdivision/Combination 28 January 2004 ANALYSISIRECOMMENDATION While it is understandable that the property owners wish to increase the size of the smaller lot to avoid future variances, gerrymandering of lot lines simply to achieve area is not recommended. Shorewood's Comprehensive Plan specifically mentions gerrymandered lot lines and "flag lots" 'as problems to avoid in the subdivision of lots. ,.' To approve a subdivision as proposed by the applicant would run contrary to and defeat the policies adopted in the Comprehensive Plan. Although the II-foot strip adds a little width to the ~maller lot, the easterly 390 feet of the strip does nothing to increase the buildability of the lot. A different alternative exists that accomplishes what the applIcants are seeking. Exhibit G simply pivots the property line from the northeast corner of the smaller lot, making it more 'perpendicular to the shoreline, resulting in better lot design. The owner of the larger parcel has expressed anl.lnwillingness to adjust the lot line in this fashion because it reduces the lerigth of shoreline for the larger lot. It may be worth mentiQning that the two lots as shown on Exhibit C would be among the widest lots on the Shorewood portion of Smithtown Bay. These issues were discussed by the Planning Commission at its 6.January 2004 meeting, at which time staff was directed to prepare findings denying the application as presented. Cc: Craig Dawson Tim Keane Larry arown , Daryl and Carol Verdorn Michael Sharratt -2- ~ UJZ ~o :5 tij z <Ol( Z Z - :E a........"" '''I:.~ ......... a: f ffi Qj o Ql oLl... 0. ~ .....- (,)1::: CD CD ...... c. .co ::s ... tnc. 8 10 o 10 N o Exhibit A SITE LOCATION Verdoom Minor Subdivision \ ., ,\" ".. '-.... ' .......... '-....... ..........., .~................. , ,.............' Z , .. ~ , - o - (/J' - > - C I- .3 . --..--.-- -lIJiI . """'..... ~-t~:, ~ t f ~l I "4 ~. I; ;4 II II; ! IIi i ~--- {1. -1.:- ~1;' 7. u ~! )" II " . Iii ~..~ fil 1-= .-G Sll.. "J .. Ufl! 'Ii u= .~. i ~ {".1 :I ~~ ~I 'I i! 1-- i!~ i '& ! ii' j 5" t ~ I ~ ;.1 -I' !.. I' ... r :Lt ; Iii it. ~t ~p I :. t H ::;;; '111 .. J p .s~fl l-. 1 l' l 1 II! i3~ if; .. :i i 11 ~~~1 } ! ~ "51 ... il... 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Q'~ --~: ~4~~ d II. j~ \ ~, \ \ I I ...... \ \-r \.11II',,-; \ ,. \ _\ II . \ ~ CJ' \ \ \. t:; _-..J-r \ ~ c,--1 \ ~ \ ~-.: Iler' \ I; \ \ r- \ it \ \1 u\-. 0\\ '- \ '---....J. \ s .-~ \ i\ l , \ wI \ \ -3: ~~ \ \ L_ "+...1 l:.) , ,.., , ci " J \ ,\ ~ \~\i '\ \~ " ! II is i i .;i lIt i II 1111 , IISI is II ~ ii ~ * ~ Exhibit C d~sritt n &t gcompany October 8, 2003 Zoning/Subdivision Application 28210 Woodside Road, Shorewood PIN: 31-117-23-31-0027 Reg. Land Survey No.1 099 . 28220 Woodside Road PIN: 31-117-23-31-0012 Reg. Land Survey No. 740 The Verdoom families request to divide a portion of this lot in order "to permit the adding of a parcel of land to an abutting lot so that no additional lots are created and all new lots conform to the Zoning Code minimum lot size standards." Section 1202.08 . The Verdoom families own both parcels at 28210 Woodside Road and 28220 Woodside Road. There are currently existing structures on each lot. The Owner is requesting a portion of 28210 Woodside Road be subdivided and added to 28220 Woodside Road so that 28220 Woodside Road conforms to the City of Shorewood minimum lot standards. They are requesting that 6,094 square feet from the southerly portion of 28210 Woodside Road, a tract 11 feet by 554 feet, be added to 28220 Woodside Road as shown on the attached survey. With the approval of this subdivision, 28220 Woodside Road would have an area of 28,179 square feet, bringing it to 70.4% of the minimum lot size standards, as required for previously permitted lots of record. The lot at 28210 Woodside Road would be 108,199 square feet and remain well above the minimum lot size standard after the subdivision and remain in full zoning code conformance. Both parcels will also exceed minimum lakeshore requirements. The proposed legal descriptions pending City subdivision concept approval. 464 Second Street Suite 100 Excelsior, MN 55331 Phone: 952.470.9750 Fax: 952.470.8407 FINDINGS OF FACT CITY OF SHOREWOOD PLANNING COMMISSION FINDINGS OF FACT REGARDING VERDOORN MINOR SUBDIVISION/COMBINATION WHEREAS, Sharratt Design & Company (Applicant), representing Daryl and Carol Verdoom - the owners of property located at 28210 Woodside Road (the northerly lot), proposes to subdivide said property in order to convey approximately an II-foot strip of land to James Verdoom, the owner of the property at 28220 Woodside Road (the southerly lot); and WHEREAS, the Applicant has requested that the City approve a minor subdivision and combination, allowing the conveyance of the II-foot strip; and . WHEREAS, the application was reviewed by the Planning Commission at its regular meeting on 6 January 2004 and, after deliberation, the Planning Commission recommended denial of the requested division and combination; NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Shorewood as follows: 1. The properties at 28210 (the northerly lot) and 28220 (the southerly lot) Woodside Road are located in an R-INS, Single-Family Residential/Shoreland zoning district. 2. The Shorewood Zoning Code requires that lots in an R-INS zoning district be at least 40,000 square feet in area and 120 feet wide at the front building setback line. . 3. The northerly lot contains 113,943 square feet of area and is occupied by a single-family residential dwelling. 4. The southerly lot is also occupied by a single-family residence and contains 21,636 square feet of area, which does not conform to the minimum size requirements of the Shorewood Zoning Code. 5. The applicant has expressed the owner's intent to reconfigure the lot in order to rebuild the home on the southerly lot. 6. The applicant proposes to convey approximately 7004 square feet from the northerly lot to the southerly lot. 7. The lot configuration proposed by the applicant does not comply with the width requirements of the R-INS zoning district. -2- CONCLUSIONS 1. The Shorewood Subdivision Ordinance recognizes the Shorewood Comprehensive Plan as the policy guide for the regulation of land use and the development of land. 2. The Comprehensive Plan (para. 4, pg. LU-27) states: "As smaller pieces ofland are resubdivided, lot configurations become a problem. Backlot divisions, flag lots and gerrymandered property lines undermine the benefits of building setbacks and disrupt continuity of open spaces. All subdivisions, regardless of size, should adhere to good planning and design principles." . 3. The Planning Commission concludes that the proposed division and combination results in a gerrymandered lot configuration that does not substantially improve the buildability of the southerly lot. 4. The Planning Commission recommends that the Applicant's request for a minor subdivision and combination hereby be denied. ADOPTED BY THE PLANNING COMMISSION OF THE CITY OF SHOREWOOD this 3rd day of February 2004. RESPECTFULLY SUBMITTED . Jeff Bailey, Planning Commission Chair ~.. . /' .. " . . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128 · w\I\(w.cLshorewood.mn.us . cityhall@cLshorewood.mn.us MEMORANDUM TO: Planning Commission, Mayor and City Council . FROM: Brad Nielsen DATE: 29 October 2003 RE: Bosworth, Kelly - Conditional Use for Office Expansion FILE NO.: 405 (03.32) BACKGROUND . D~. Kelly Bosworth owns the two lots at 6120 and 6140 Lake Linden Drive;: (see Site Location map - Exhibit A, attached). He proposes to expand the existing office building on the southerly lot in order to locate his dental practice thery. Since offices are conditional us~s in the R-Gdistrlct, Dr. Kelly has applied for a conditional use permit, a public hearing for which has been scheduled for 5 November. The properties are zoned R-C, Residential Commercial and are both just over one acre in size. Surrounding land uses and zoning are as follows: .. South: West: single-family residential; zoned R-2A, Single and Two-Family Residential CUB Foods/Shorewood Village Center; zoned C-3, General Commercial . office building; zoned R-C single-family residential; zonedR-:IC, Single-Family Residential North: East: The subject properties range in elevation from 1006 on the south end to 974 on the north side, a difference of 32 feet (see Exhibit B). The southerly parcel is currently occupied by an empty office building (formerly Resource Recovery Services) and its two parking ft \1 PRINTED ON RECYCLED PAPER #8. B. , 1. Parking. The site plan shows 96 parking stalls, plus the six garage spaces. The required number of spaces for the two sites is 93. Unfortunately, it is difficult to determine whether the southerly lot has adequate parking on its own. It is recommended that the parking lot configuration be redesigned to address the following issues: . . ~/ Memorandum Re: Bosworth C.U.P. 29 October 2003 lots, the upper one of which does not conform to zoning requirements. The building contains 2940 square feet of area. The north lot is vacant, covered by brushy vegetation with scattered with large deciduous trees, primarily cottonwood and ash. The applicant proposes to renovate and expand the existing building to 10,126 square feet of office space in two and one-half stories, plus an additional 1340 square feet of garage space in the rear. Since the applicant owns both lots, he has attempted to show how the entire site might be developed in the future (see Site Plan - Exhibit C, attached). The site plan shows a second building, containing approximately 9200 square feet of area on two levels. Parking, access and drainage are shown for both sites. . Plans for the building are shown on Exhibits D-I. The applicant proposes to maintain the residential character of the existing building, with pitched rooflines, lapped siding and fieldstone accents. ISSUES AND ANALYSIS Although the applicant's intention of showing the future development of both sites has some merit, it also serves to confuse the review of the first phase. It is not clear as of this writing how much will be done as part of the initial construction. Consequently, this review will address the development of both sites. . The R-C zoning district was established to create land use transitions between higher intensity actiVities (e.g. highways or commercial development) and lower intensity uses such as single-family residential. The district is quite restrictive, allowing two-family dwellings as permitted uses, with other uses categorized as conditional. In addition to specific conditions set forth for offices in Subd. 4.c., Section 1201.19 of the Zoning Code goes on to provide "special district provisions" inSubd. 8. Following is how the applicant's request complies' with the Code: Subd. 4.c. (Professional Offices) a. The proposed entrance to the site has been moved approximately 20 feet to the south of its current location. Presumably this isto minimize grade and create some separation from the westerly entrance to CUB, across the street. b. The pullout "tail" at the south end ofthe southeasterly parking area is inadequate in depth. -2- -3- Memorandum Re: Bosworth C.D.P. 29 October 2003 c. With the exception of the common lot line between the two parcels, parking complies with zoning setbacks. The setback for the side lot line between the parcels is five feet. d. There are inadequate curb islands to control parking. The spaces in the westerly parking area simply "float", relying only on striping which becomes covered with snow in the winter. e. The 12 angled spaces in the north half of the westerly parking area dictate a one- way design. One of the spaces (#76) conflicts with the direction of the rest of the ' spaces. If angled parking is to be maintained, the direction should be reversed so that traffic entering the west lot goes in a counterclockwise direction. . f. The two spaces adjacent to the north entry to the building require either backing in or a trip around the parking lot to go in forward. g. The dimensions of parking spaces and driveways are extremely tight, with many of the parking spacesl)ot complying with the 18-foot depth requirement. h. Driveway grades are shown at seven percent. The Zoning Code maximum for parking lots is five percent. Correction will undoubtedly require additional grading. 1. The north side garage door conflicts with the doors on the west side of the building. . J. The northerly parking area requires an extremely extensive retaining wall system. The plan suggests a grade separation of as much as 18 feet(two, nine-foot walls?). k. Parking appears to be commingled between the two parcels. 2. Access. As mentioned above, the proposed driveway has been relocated 20 feet to the south of its current location. The driveway is shown at 22 feet. Consideration should be given to widening it to 24 feet. Joint access for the two parcels should be encouraged. 3. Collector Street. Country ClubNellowstone Trail/Lake Linden Drive is a designated collector street. The property is in very close proximity to State Highway 7 - an arterial. 4. Buffering/Landscaping. The applicant proposes to maintain existing vegetation on the west and north sides of the site. Beyond that, very little additional landscaping has been proposed. This is one of the most important elements in maintaining e. City water. The applicant cooperated with the Shorewood Village Center to extend municipal water service to his two lots. Memorandum Re: Bosworth C.D.P. 29 October 2003 compatibility between higher and lower intensity land uses. It is recommended that the applicant hire a registered landscape architect to prepare a plan consistent with Shorewood's landscaping requirements. Fencing along the residential boundaries should not be ruled out. Subd. 8. (Special Provisions) 1. Landscaping. (see 4., above). 2. Hours. Commercial activities are limited to between the hours of 8:00 A.M and 9:00 P.M. . 3. Noise. The applicant's plans do not indicate where h.v.a.c. equipment will be located. Consideration should be given to loca~g the equipment on the south side of the building, as far east as possible. The equipment should be contained/screened so as to minimize noise. 4. Signage. No plans have been submitted. 5. Design elements. . a. The building. The design of the building has a north woods lodge appearance that maintains a residential character. The building itself complies with setback and height requirements for the R-C district. The applicant submitted hardcover calculations showing 53.2 percent for the north lot and 61.16 percent for the south lot. While these are well within the 66 percent allowable, the calcs were based on a l'revious site plan that has since changed. , b. Lighting. Additional site lighting is proposed for the rear parking areas. A detailed plan showing light levels in compliance with the Zoning Code should be required, along with details of the fixtures. Lighting should be low in height, downcast and hooded from neighboring residential properties. Lighting should be shut off between 9:30 P:M. and 7:30 A.M. c. Trash. The plan does not include trash enclosures. d. . Drainage. The City Engineer has indicated that the plans for draining the site are generally on the right track, although runoff calculations have not been received as of this writing. The majority of runoff is being conducted to the southeasterly pond, and ultimately to the highway. -4- -5- " Memorandum Re: Bosworth C.D.P. 29 October 2003 RECOMMENDATION Too many issues remain unresolved to recommend approval of the C.D.P. at this time. It is advisable to plan for the development of both sites, however, unless the applicant can provide a plan for the southerly lot that stands on its own, the project should possibly be resubmitted as a commercial P.D.D. The applicant indicates that he can get revised drawings to staffwithin two weeks. If so, the matter should be continued to the December Planning Commission meeting. . Cc: Craig Dawsqn Larry BroWn Tim Keane Kelly Bosworth . - --- __ 1llOllOnO LOM ~ rrTl \ 11 ~\ I - '\ I~ \ ~f--", /@ ~ i3 I.i: ~ )~ U'iJ I- ::l l I C:;~llll\\'l \ llO ~i \ 't \~~ \ \, \ ~ \ )tJ \ \ ==== _~I ~ J ~ ~ -n "\in\ ~~ "\ o~ g o 0... \-- )-- ~ ~- - 1--81--- r-- ~ all Bmo Al:iJ.N~oH ..~~~ \ ~\ ~ r-~ o \% \~ \ ~ \ \ <.J- --.J I I n~ r- .--- !l! I- I--- < f-- ~ l;; I--- l!l If < < ~ 0. ) c " t I i ~ i. ~ \ .,~ .1..) r cnt 9010 AIUNnOO "< ' ~"4\ o f~( ~~~ '\\ ~\ \ \~ C\ V1 'r'll3lAlll ~ I ~I \ --- ~ .. Gl "E o .Q ci (.) .. Gl ~ ca ~ c Q. Gl C C Gl ::I: 'l ~ ~ 1(;;"'- \ ~-~\~ "'" 11 Exhibit A SITE LOCATION Bosworth-Commercial C.D.P. ~ " !lft.5 " 99Z.6 r + Exhibit B EXISTING SITE CONDITIONS l -" - ..... ...------ --......... "\, --....._-~... . . . , , : , . : : , , . . . , . , , , . , , . , ><\..::::,',\..\. "';\, \ \ "', ~\ ik. \. . ..~' \!:!~.. '\, \t. \ \ \ I " , t \ \ \ \ ~ .' \, ,CI' ... ..\~,\\ I ,- \ " , , ' ~ ,.. \ ' ~ '!' 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'.1. t..:..~_...t I ': ...' ,. :1 ,~ t'\ . ~ ,I ;~( : ~I i I r- "'j'1" J.~.,: "'7 _ F,-----1- 1 ' r-r II I I I I I t I I I ", . I, L( l, .... I I I ~===:;::=====-==-";_=---.::;i::...1 ~I I Z'\t ' -iiFr:;:'~,5f, ,m...:ij, ;,~ ~.;- $-7 " ---=1/~+':.Jlwlt- +- ~1t=U~ +'.~ ". ' I -l1~+.III~II-+-tIl-lI~ .'111- - :;::kl- t -111~t t ill r' It '~l~ " ~' . ........ ,,' ," "I' :\" , <' .' ., ,:I:.",..~::- .... . ,'.;: "'.'" ~"I"'" 'O....~u '/0;'....... ._ _.....,_. .............._a_ , " "l'.::.~!"~.LA<t.. . ... ~-. ~ .f,. I L" : ." \ I '~~., .. h~:.' '. 1." . : .......V..~il!i~.. , :~. ., ... ..~~~~. =E......:J...T.,.:.'i--::,.:. .:. . . : '. .~.~. . ... . S.c.:..,-."i..lll\"'-~" . " .,..rx,~- _....lI 'b6'f~.Jl,":r'l. r I I I I I I 'r./. ,I I I ::-.... ~. ",' . .l>Wf.~.!Ii.. ..() 1 ,;.,;i:'.iJ.. ~, ,..~h".~,... . '. :?!s:~;~ ,>' , T I I I I I I 1-1. I f I '. .,...---..,." Exhibit I ELEVATIONS - SIDES ,'I' -.:..... e: 1 (. ~ 0;. '-r ,. l. ' ;, e>' .' . ',,,,,-~, "'~'DI..r ~'..~ . , !,' .' .. ~'I . ,,,t' . -t , " " . .... . . .~. ." '. il .s- o it ,:-, ~ a. . ~ ...: .'. .. \ -- . ~ -4 .. '" \. 1 e r. -ll ~ .-2 .. " .r-. .~ ""'5 it '" }. . ".' '4- ... .. ~ . ~ .. .... J , .:{', 8. ~ .... ..:3- ~ .' .. I(~J ,.c j> """.., W- Exhibit G ELEVATION - FRONT -~. .~... .... 1 """~," 1I . .r \) ~ \ '. 'r f"" . . ~~'."'" .....-- ..-.-.-..... .-- .-...... ,. . \. i..~. . ,; " . ....1.: . .:~ : ~ -.'" r~;.'. ~. :i... l..i - i- o. "J. --t" ~ ~ , JJ .'..... -. " . -.of < !' CJ.- Exhibit H ELEVATION - REAR .~ .. ". 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: 5 January 2004 RE: Bosworth, Kelly - Rezoning to (Commercial) P.U.D.District- Concept Plan Review FILE NO.: 405 (03.36) BACKGROUND . Last November the Planning Commission reviewed plans submitted by Dr. Kelly Bosworth for the expansion ofthe existing office building at 6140 Lake Linden Drive (see staff report, dated 29 October 2003). While generally well received, the request raised numerous issues relative to the site and to the site north of it, also owned by Dr. Bosworth. The matter was continued for 30 days pending receipt of revised plans addressing the issues raised by staff. Dr. Bosworth subsequently withdrew his application in order to reapply with a different request, encompassing both parcels in a commercial planned unit developrnent (P .U.D.), the Concept Plan for which is described in Exhibits A-D, attached. From a site design perspective; the site plans have been revised significantly, as follows: . The northerly building has been relocated to the northeast comer of the site, observing the 40- foot setback requirement. . The northerly building is built into the slope of the site, lessening the need for retaining walls. . Driveway and parking lot grades have been reduced to five percent. . Parking stalls and aisles have been redesigned to comply with minimum size and width requirements. . The parking lot has landscape islands. . The two drainage ponds have been enlarged and connected with a storm sewer pIpe. n ~., PRINTED ON RECYCLED PAPER Memorandum Re: Bosworth P.D.D. - Concept Plan 5 January 2004 . The inside parking garage for the southerly building has been abandoned in favor of a detached garage on the west side of the westerly parking lot. A future similar garage hasbeen shown on the northerly lot. . Additional emphasis has been placed on landscaping adjacent to the residential properties. . A wood fence is now proposed for the south and west sides of the westerly pond. In addition to the site plan changes, Dr. Bosworth requests that additional uses be allowed - for the property such as tanning, exercise, banking, and eating, etc. (see Exhibit A). He also asks that some of the requirements of the R-C zoning district be relaxed for this site. Specifically, he would like the hours of operation expanded to 6:00 A.M., and he asks for additional signage than what is allowed in the R-C district. . In light of the land use issues, Dr. Bosworth has applied for a rezoning to a'commercial P.D.D. district rather than simply a P.D.D. conditional use permit. The district approach allows the zoning requirements, including uses, to be negotiated within a development agreement. This will be explained more,fully in the Issues and Analysis section of this report. ISSUES AND ANALYSIS Since the previous staff report went into great length to address issues associated with site design, this report will simply hi~1ight how the new plans have been revised. Following the discussion on site design, the land use issues will be addressed. A. Site Plan. . 1. Parking. a. . Number of Spaces. Due to some confusion in the last review regarding the number of parking spaces required, following is the complete calculation for the two sites: South Bldg. North Bldg. Gross Floor Area *11,466 sq. ft. **10304 sq. ft. Less 10% -1147 sq. ft. -1030 sq. ft. Net Floor Area 10,319 sq. ft. 9274 sq. ft. Floor Area Per Stall + 200 + 200 Required Stalls 51.59 46.37 * Based upon previous proposal with garage converted to office ** Based upon site plan, assuming two-story building Total Spaces Required: 98 spaces -2- ' Memorandum Re: Bosworth P.D.D. ~ Concept Plan 5 January 2004 The new site plan shows 93 spaces. It should be noted that these calCulations are preliminary and based on concept plans for the buildings. Since the site plan appears to use all available space on the lot, the buildings may have to be reduced in size to comply with parking requirements. To make up for the five parking spaces, the buildings would have to be reduced by 1000 square feet. The applicant should identify how the construction of the parking lot. improvements will be phased. There appears to be a natural break along the north side of the access drive to the westerly parking area. . .' b. Design. With the exception of the number of spaces, the revised plan has resolved the issues raised in the previous report. Specifically: (1) Curb islands are proposed to control parking and provide additional landscaping opportunities. (2) Circulation has been vastly improved. All spaces are shoWn at 90 degrees, eliminating the need for one-way traffic patterns. (3) The dimensions of aisles have been increased to 24 feet, and all parking stalls comply with size requirements; . (4) Driveway and parking grades meet the five percent maximum. It should be noted that the final grading plan should include a two percent landing for the entrance drive. (5) The proposed accessory building(s) are shown as garages. It must be realized, however, that the garages can not be counted as requiredspaces, since access to them is not possible while the parking spaces in front of them are in use. . 2. Buffering and Landscaping. The applicant's consultant has placed additional emphasis on landscaping betWeen the site and the residential properties around it. While the plan relies on preserving the existing . vegetation on the west and north side of the site, it is important to realize that two-thirds or more of the rear yard setback area will be disturbed by grading. In this light, the amount of new landscaping is still not considered adequate. The landsc~pe plan, as proposed should be conside:red conceptual. A detailed landscape plan should be prepared for the development stage review of the request. It should include additional plantings, size and spacing of plant materials and method of irrigation and maintenance. ' 3. Buildings. The residential character ofthe applicant's proposed office' expansion was generally well received. As part of a P.D.D. (either rezoning or C.D.P.), standards for the second building can be negotiated within the development agreement. It should be noted that the northerly building illustrated in the cross-section exhibit is higher that what is allowed in the R-C district (44' vs. 35'). While height is something that -3- , '. Memorandum Re: Bosworth P.U.D. -Concept Plan 5 January 2004 could be negotiated in a development agreement for a P.U.D. zoning, it is not recommended that taller buildings be allowed for this site. B. Uses. The property is currently zoned R-C, Residential Corilmercial. The applicant finds some of the requirements of this district too restrictive and has requested a rezoning to- a P .U.D. district. This is different than a P .U.D. by conditional use permit. Whereas the C.U.P. approach simply allows some flexibility withrespect to site design (e.g. joint access, shared parking, more than one principal building on a lot, relaxed setbacks within the site, etc.), the district approach allows uses that would not otherwise be allowed in the underlying zoning district. In fact, all of the current commercial districts become a menu of land uses from which the City and the developer can negotiatethrough a development agreement. The advantage of this type of rezoning is that failure to comply with the Code or comPlete the project as agreed upon results in the property reverting back to its original zoning. . It has been discussed with the applicant that the property in question is exactly suited forthe R..C district. Theintent of the district being to establish a - transition between higher intensity uses (i.e. the shopping center and Highway 7) and lower intensity uses (in this case, single~family residential). While the City should remain open to new uses for the R-C district, any such discussion should keep the intent of the district in focus. . In discussions with the applicant, it is his intent to broaden the list of allowable uses for the property. Rather than propose to change the R-C district, the applicant has asked for rezoning to commercial P.U.D.. Usingthe R-C district as a base, he has in mind several uses that are more typical of higher zoning classifications, specifically, the C-3, General Commercial district. For example, he has expressed interest in attracting a dermatologist that operates somewhat of a day spa, thus the tanning and exercise services. Some of the requested uses may be acceptable as accessory uses. For example, tanning and facial services for dermatology patients appears to be a natural mix. However, a tanning salon, without going through the doctor's office, is simply a high turnover use that belongs in a higher classification of zoning district. While a small coffee stand for the use ofoccupants of the building may be reasonable, it is questionable that the relatively small office buildings alone could support such Ii use without having to attract outside traffic - again, a high turnover use. '. In fact, all of the proposed additional uses, if operated by themselves, represent high turnover, thus high traffic, activities. This is contrary to the intent of the current zoning, which provides stable (8:00 to 5:00), relatively low traffic activities. Since medical offices are already on the high side of office traffic generators, increasing traffic should be discourage, particularly in light of traffic concerns on Lake Linden Drive. -4- Memorandum Re: Bosworth P.U.D. - Concept Plan 5 January 2004 C. Performance Standards. The applicant has cited two. r~strictions from which he requests relief: 1) signage; and 2) hours of operation. He would like more and illuminated signage than what is allowed in the R-C district. While no specifics have been provided, there may be room for some flexibility within some sort ofP .U.D. For example, perhaps one larger pylon sign may be preferable over two smaller signs. Although the Code does not allow illuminated signs in the R -Cdistrict, such signs have been allowed in residential districts for institutional uses (e.g. the Senior Center and Minnewashta Elementary School). . Although some change in office hours may be reasonable, 6:00 A.M. for office uses is not, particularly when in proximity to residential uses. Invariably, workers will arrive early. Site lighting, building lights, car lights and noise are issues associated with expanded hours. One additional performance issue is trash handling. The site plan makes no reference to where trash enclosures will be located or how. they will be designed. . \. Finally, the applicant must provide impervious!)yrface calculatioIls(66 percent maximum), and storm water runoff calculations that demonstrate that the size of proposed ponds is adequate. . RECOMMENDATION . The development of the site lends itself well to the use ofP.U.D.. The district approach, . however, is not recommended. The proposed uses and expandeci hours of operation are not consistent with the concept of land use transition that occurs under the current zoning. It is recommended that the applicant modify his request, using instead the conditional use approach to planned unit development. This provides the mechanics for shared access and joint use parking, and also the flexibility of reduced parking lot setbacks within the site; With this modification, Concept Plan approval can be recommended, subject to the issues raised herein being resolved in the Development Stage review. Cc:. Craig Dawson Larry Brown Tim Keane Kelly Bosworth Mark Kaltsas -5- . . FROM : TTG FRX NO. :763-479-3200 Dec. 02 2003 03:39PM P2 KELLY B. BOSWORTH, D.D.S Family Dentistry Sullivan Center 24000 Highway 7 Shorewood, Minnesota 55331 Telephone: (952) 474-4123 November 26, 2003 Mr. Brad Nielson and Shorewood City Council (Fax: 952-474-0128) After revie\",'ing options and reconsidering implications on neighbors as it relate$ to items such as possible traffic, appropriate barriers (keeping existing vegetation barrier notwithstanding) and also considering the options to me as the ov.ner of this commercial pro~.rty. I hav" dt'.cided to rescind my oft"er of a CUP development and have followed the advice of Mr. Nielson and OUT consultant, landscape architect and acting city planner, Mr. Mark Kaltsas, to reapply for a PUD district zoning change in hopes that the plans and proposals we have now re(X)nsidered will be met with approval and that we can proceed accordingly along these lines. We are now asking for approval at this time for: 1) Additional commercial uses including the cat~gories of hair, nails. tanning, coffee/sandwich house, banking, and exercise-related services. 2) 'Additional lighted signage facing and immediately across the street from Cub and completely out of site from any residential area. 3) AdditiQ:1aI. carl)' hours 01'6:00 a.m. DJld weekends, if not already allowed. We would also: 1) Create ~tter traffic flow with redesigned si~ plans. 2) ~rease drainage flow off of land considerably by flowing it south to Highway 7. ~ J) Rxtend w~"t lot from 40' to 68' in parts (increasing space barrier). 4) Block lights from what would have been parking spaces with either a fence and landscaping and/or with additional building structUres of garages and a new site location for a proposed building on north lot. 5) [)ocrea..~ the amount of retaining walls by pulling beck parking spots further from lot line. 6) Increasing road from 22 to 24 and/or 29 feet respectively. 7) Making entr)' to south lot JOllier and not having parkins so close to Lake Linden. S) Provide community with nice professional buildings, with character and services they need and desire. Any other questions, Brad, please feel free to let us know and will be submitting pennits and plans for these soon. Please let me know required deadline date for this in order to meet the January meeting. Thank you ver:~ much - look forward to further discussions. Dr. Kelly Bosworth KB:cm cc: Mark KattsaS Exhibit A ----'--.... 1~'r-' :.. I c. \ \ , , II" : :". }.= . . )~. \~ ~ F ~ ~i ,)j";aJ { '! \" \ /-& .t"l ~\ ~!~, 'M S, . I \)l~. ~12 I ~ \\\18" I - I I_ I i- '::l~? \- \. I .-' \ . . I I , I I I i \ rT-; I r\ I I :'M ' ~ I \ I I I, Vi 'r.. l,1 I ",I }.I il :...~t.:\i \- ~.~ ~ ;f9.t- 51 ffl- ~ ,~. \ ..../! .1..._- "--:J! ; ~: , , I I I I I I I I , ,'---e-.__ I I , I I , '--- t.rj ~ =- .,. C" .,. ..... OJ ~- i --L- , i 9 ,&:1 ...\.,z -ll '. --- l~ ~\ J. ... ". -e,I'" r =\{' , if t-) q q -*- m1~ t I' :; . '" ) T N ;. . --' ?-' -_.~.- ./ / -- /' . ---=--"'~-':':':"':-':::==- '1 z: ~ 2 ~ "' ~ .~ :::; " , s ~ ~ '"\1 ~ :3 '<:::\ ~ ~ I ~ ~_. .-.... .... ~ (" -.J ;'<> .1 ~ ~~ Or;;' b~' 'J'~ --'-~' 6120 and 6140 ~ake ~Inden IIrlVe IIr. Kell4l?05wcrth _. L ~'.orewcod, Ivt"l ~and5cape Plan '. 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Ii' 9~ 1.......U1t4.....,Ltl-".,.~...._........ .-.:l.................I......Ait.....~ 1J:tHIfCf "..Ihl....". tw..4-...u. .~ ( 9.... ;~ S- I o g. -t>oZ q ... -ll r:r ... q ..... n 6120 and 6140 L-ake l.lnden I?rlve Dr. Kelh-l [305Worth Mo..L........ L.and5cape Plan ~acwca:l. MN ....~,_.. "'c~ ,~ !5 , , :~ i~ L ~ 1!t :! ~ ,,::L- i ~I 1'-1 t" : ().. . O. - ~ ~ . ~ t!j ~ .... . cr ..... """ t:; . .. ,. ,.- , I': ; -- N'\, \ ~, -\ .~, -;,;, l:..-.R!< iT'1 w~ I fi t' j.:1=..J-T~'- + - - ,.~' " -\r'.l... .lz. . ._-~" -' '--" :i .7 '"' ..- 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 . FROM: Brad Nielsen DATE: 13 February 2004 RE: Bosworth P.D.D. FILE NO. 405 (03.36) As explained at your last meeting, Kelly Bosworth had-second thoughts regarding modifying his P.D.D. request from a district approach to a conditional use approach. The Planning Commission has agreed to hear him at its study session on 17 February 2004. A quick review of the issues: . . The site plan is quite acceptable, although some questions remain relative to parking (e.g. indoor spaces). This item can be resolved in the development . stage review . Dr. Bosworth desires additional uses than what are currently listed in the R-C district. Since the Commission has already agreed to consider daycare centers (see 12 February staff report), it is down to one use - day spas. The information submitted by Dr. Kelly (see Exhibit A) is a bit sketchy. For example, there is no real definition of what a day spa is. Our initial research finds that services ranging from aromatherapyto endermologie (yes, that is the correct spelling) to watsu are offered. Most of the zoning codes we have studied, allow day spas in commercial districts. If this seems to be something that would be appropriate for the R-C district, it will be important to differentiate them from tanning salons, beauty shops, nail salons, etc., that have a high customer turnover. Staff will continue to research this item for next Tuesday's meeting. . The Planning Commission has agreed to recommend an amendment to the R- C district that would allow business to commence at 7:00 A.M. instead of 8:00 n '-J PRINTED ON RECYCLED PAPER 1 Memorandum Re: Bosworth P.D.D. 13 February 2004 A.M. The amendment will also address occasional, after-hours, emergency treatment. This amendment will be processed regardless of what Dr. Bosworth does. . Dr. Bosworth has asked for additional signage as well as an illuminated sign. As recommended previously, the P.D.D. process allows for SOme flexibility. For example, if the applicant were to request that the allowable freestanding sign area be combined for the two sites, this may be worth considering. Staff does not recommend that overall sign area be increased. Sign illumination is another matter. This will require an amendment to the Code,..an issue the Planning Commission, is willing to. consider under certain circumstances. . Staff will be prepared on Tuesday night to discuss the merits ofP.D.D. zoning ys. conditional use permit. Cc: Laura Turgeon Kelly Bosworth Mark Kalstis . << . . S2/r0/2004 05:50 FROM : TTG 4013482 o F~ NO. :763-479-3200 PAGE 02 Feb. 11 2004 lil2: ZilPI1 P:i1 February 11. 2004 Brad: The statistics for .. uy spa similar to the Matsh Dey Spa in MdU\CtOPka of roughly 4.000-9Q.. ft. They have: 4 massage therapists I a:upuncturist 2 nail tcehnic:ian$ 1~~~~ . 2-3 csdleticians - ( f,~.c.,'\ t\ \:- ) The goal of a day spa is obviously to see clicnb for lonset' O'ttelldt'c petiods of time and 1101 neces.Uy fast in and out "PJ,'lOinlments. AppOintlOt' I1ts ~c froln I boW'1O 7. A 4,OOO-aq. A. speQe lib theirs would nuJybe tee 30-40 clients1dai or an f!VCltap ofapproxilnatcly 10I1,O()()..sq. ft.lday. This is act~)' quite colDpU'able to a ",,"leal or dtntal fi.cility and maybe even.less dc:pendinB on type ;,featte oftered. Maybe not now. but soon they might have 8 statl' on duty 8t WlY time and sometin1e.less. Oretchlm. lit the Mar. Spa can and would be happy to ntviflw and wrify tMse numbor$ and I hl.V8 _ed her to do so, .~ # ~bit^ - " CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD 0 SHOREWOOD, MINNESOTA 55331-89270 (952) 474-3236 FAX (952) 474-0128. www.ci.shorewood.mn.us. cityhal!@cLshorewood.mn.us MEMORANDUM TO: Planning Commission . FROM: Brad Nielsen DATE: 4 March 2004 RE: Bosworth P.D.D. - Draft Development Agreement FILE NO.: 405(03.76) . The Planning Commission directed staff to negotiate the possible language that would set forth the co~ditions under which a day care center or day spa could be located within a P;U.D. zoning district. Although somewhat premature for concept stage approval, staff took a little extra time to draft a P.D.D. agreement (attached) so that the Commission could see how the various elements of approval would ultimately be adopted. Hopefully the entire docum.ent will be helpful. For this stage of the process, your attention is directed to paragraphs 1-5 on the first four pages of the agreement. The provisions relative to day care and day spa are based on our research of several sourc~s: 1) zoning codes of other municipalities; 2) the Day Spa Association website; and 3) Trip Generation Manual- Institute of Transportation Engineers. One of the concerns with the land use aspect of Dr. Bos~orth's request was whether day care centers and day spas are in keeping with the types of uses intended for the R-C zoning district. Based on trip generation information, true day spas compare favorably with medical and dental offices. The draft agreement calls for health and wellness facilities with cosmetology as incidental services. The agreement attempts to preclude beauty shops, nail or tanning salons by limiting the amount of area devoted these services. - Somewhat surprisingly, day care centers generate more trips than medical and dental offices. It is logical then to limit the size of day care centers in R-C types of property. ft ~~ PRINTED ON RECYCLED PAPER Memorandum Re: Bosworth PUD Agreement , , '. 4 March 2004 The 4500 square feet maximum suggested in the agreement provides for a slightly smaller-than-average center that would generate approximately the same traffic as 10,000 square feet of office space. Note that parking requirements for day care centers and day spas are different than those for offices. Also, day care centers require short-term parking or drop-off areas exclusive of required parking. . The agreement specifies that nurseries (normally allowed in the R-C district) are excluded. If also provides thatthe future office building shall be architecturally compatible (design and materials) with the first building. . Staff has sent out a letter to the mailing list of property owners advising them that the Bosworth hearing will be re-opened on Tuesday, 9 March 2004. Cc: Tim Keane Kelly Bosworth Laura Turgeon . -2- -D-R-A-F-T- CITY OF SHOREWOOD PLANNED~TDEVELOPMENTAGREEMENT DR. KELLY BOSWORTH THIS AGREEMENTt made this _ day of t 2004t by and between the CITY OF SHOREWOODt a Minnesota municipal corporation (hereinafter the "Cityn)t and DR. KELLY BOSWORTHt (hereinafter the "Developer"). WHEREASt the Developer has an interest in certain lands located at 6120 and 6140 Lake Linden Drivet legally described in Exhibit A, attached hereto and made a part hereof (hereinafter the "Subject Propertit); and . WHEREASt 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 WHEREASt the Developer has made application for a rezoning of the Subject Property from R-Ct Residential Commercial to P.U.D.t Planned Unit Development District (the "Applicationn) with the Zoning Administrator and submitted plans for the redevelopment of the Subject Propertyt the Concept Plan for which was considered by the Shorewood Planning Commission at its meetings of6 Januaryt and 9 March 2004t and at a meeting of the City Council on 23 March 2004t 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 of 6 April 2004, and by the City Council at its 12 April 2004t the minutes of which meetings are on file in the Shorewood City Offices; and . WHEREAS, upon recommendation of the Planning Commissiont 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, THEREFOREt in consideration ofthe mutual covenants and guarantees contained herein, the parties hereto agree as follows: CONDITIONS OF AP.PROV AL 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 Commissionts recommendation, attached hereto as Exhibit B. In additiont development of the Project is subject to the zoning requirements of the R-C, Residential/Commercial Districtt 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. Daycare centers serving more than ten (10) persons may be 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 Administrator. (2) The center 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 the Shorewood Zoning Code. The number of parking spaces required for a daycare center 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. Th~ 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 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) Daycare centers are limited to 4500 square feet in gross floor area. (7) The structure in which the daycare center operates shall comply with all applicable building and fire codes. (8) The provisions of Section 1201.04 Subdivision 1.(d)(I) of the Shorewood Zoning Code must be considered and satisfactorily met. c. Day spas providing an array of health and wellness programs and treatments for individuals, may be 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 gross floor area. 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)(I) 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 Lake Linden Drive 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 feet c. Side: 15 feet d. Setback from "R" District boundary: 40 feet 3. Building Height/Construction. Principal structures shall not exceed two and one- half (2 Y2) stories or 35 feet, whichever is least. Construction of the 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. Plans for construction of the 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, landscaping, and other conditions placed on the property pursuant to the City's approval of the fmal 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: 1 )Gronberg and Associates, Inc., dated 2004, incorporated by reference herein; and 2)MK Land Corporation, dated 2004, attached hereto as Exhibit E, and made a part hereof, all subject to approval by the City Engineer and Planning Director. 7. 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. 8. Standards of Construction - Developer agrees that all of the improvements set forth in paragraph 2 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 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. 9. Materials and Labor - All of the materials to be employed in the making of said improvements and all of the work performed in connection therewith shall be of uniformly good and workmanlike quality, shall equal or exceed City standards and specifications, and shall be subject to 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 4. 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. 10. 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 2004. Upon receipt of written notice from the Developer of the existence of causes over which the Developer has no control, which will delay the completion of the work, the City, at its discretion, may extend the dates specified for completion. 11. 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. . 12. 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. . 13. Occu~ancv 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. 14. 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 final 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. 15. 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. 16. 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 enforcement of this Agreement and the performance thereof by the Developer. Such reimbursement of costs shall be made within thirty (30) days of the date of mailing of the City's notice of costs to the address set forth in paragraph 26 below. 17. Surety for Improvements - Deposit or Letter of Credit. 5. a. Landscaping. The landscape improvements set forth in paragraph 6, shall be constructed, installed and furnished according to the terms of this 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 ofthe landscaping. The deposits or letter of credit may be reduced in an amount in the discretion of the City upon approval by the City of the 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. 18. 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. 19. 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 Minriesota, the Minnehaha Creek Watershed District, and the Metropolitan Waste Control Commission before commencing development of the Project. 20. Local Sanitary Sewer Access Charges. Prior to construction of the first building, Developer agrees to pay to the City local sanitary sewer access charges in the amount of $3600. Credit has been given for the land with the existing structure on it. 21. Stormwater Drainage and Treatment System. Developer has proposed to construct and maintain a stormwater drainage and treatment system as a condition of the Project. 6. . . 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. 22. Hours of Construction. 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. 23. Landscaping and Landscape Buffering. Developer agrees to construct and install not later than , all landscaping and landscape buffering pursuant to the plans and specifications prepared by MK Land Corporation, dated 2004, attached hereto as Exhibit E. Developer acknowledges its ongoing obligation to maintain all 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. 24. Park Fund Payment Developer shall, prior to construction of the first building, make a cash payment to the City in the sum of $4500 for the Park Fund. Credit has been given for the land with the existing structure on it. 25. On-Site Parking Parking for the Subject Property shall be paved, curbed, striped and maintained as depicted on Exhibit C. 26. 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 LARKIN~ HOFFMAN, DALY & LINDGREN, Ltd. 1500 Wells Fargo Plaza 7900 Xerxes Avenue South 7. Minneapolis, Minnesota 55431 (952)835-3800 To the Developer: Dr. Kelly Bosworth Ph: L-J 27. 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 lights 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 ofthe requirements of this Agreement, Developer shall forthwith notify the City of such change in ownership. . 28. 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. 29. 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. . 30. Remedies Upon Default - a. Certificate of Occupancy. Subject to the provisions of paragraph 13, the City may withhold the issuance ofthe final 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 8. 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. 31. 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. . 32. 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. 33. 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. 34. Construction - This Agreement shall be construed in accordance with the laws of the State of Minnesota. 35. 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. 9. . . 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 10. . . THIS INSTRUMENT WAS DRAFTED BY: The Shorewood Planning Department EDITED BY: Larkin, Hoffman, Daly & Lindgren, Ltd. 1500 Wells Fargo Plaza 7900 Xerxes Avenue South Minneapolis, Minnesota 55431 (TJK) 11. Brad Nielsen From: Sent: To: Subject: McFarland, Jim [Jim.McFarland@Rbcdain.com] Tuesday, March 09, 2004 1 :04 PM planning@ci.shorewood.mn.us Bosworth Public Hearing To the Shorewood Planning Commission, AS a long term resident of Shorewood and of Riviera Lane, I wish to voice my support for Dr. Bosworth and his planned development of Lake Linden Drive. I was in Dr. Bosworth's office last month and he shared with me blue prints of the proposed improvements to his properties. I found the designs both tasteful and appropriate. I am encouraged that Dr. Bosworth continues to update and invest in his commercial properties. These proposed facilities will bring welcome and valuable services to our neighborhood, as well as tax dollars to support our local municipal services. In summary, as the Highway 7 & Hwy 41 intersection continues to develop, I am please to see Dr. Bosworth (a long time business resident of our community) taking an active role in ~contributing value added services to our neighborhood. Respectfully, Jim McFarland 6120 Riviera Lane Shorewood MN 55331 H (952) 470-4486 Please note - this is an unsolicited email supporting Dr. Bosworth's proposed development. As a resident of the Shorewood community, I feel it important that all viewpoints are heard from. Unfortunately, due to a scheduling conflict, I will not be able to attend the planning session in person. RBC Dain Rauscher does not accept buy, sell or cancel orders bye-mail, or any instructions bye-mail that would require your signature. Information contained in this communication is not considered an official record of your account and does not supersede .normal trade confirmations or statements. Any information provided has been prepared from sources believed to be reliable but is not guaranteed, does not represent all available data necessary for making investment decisions and is for informational purposes only. This e-mail may be privileged and/or confidential, and the sender does not waive any related rights and obligations. Any distribution, use or copying of this e-mail or the information it contains by other than an intended recipient is unauthorized. If you receive this e-mail in error, please advise me (by return e-mail or otherwise) immediately. Information received by or sent from this system is subject to review by supervisory personnel, is retained and may be produced to regulatory authorities or others with a legal right to the information. (}e. . fJ/~ ~. ?:t; ~:2 c~ B'rad Nielsen From: Sent: To: Subject: Bast, Karl [KarI.Bost@Ajilon.com] Tuesday, March 09, 2004 2:16 PM 'planning@ci.shorewood.mn.us' Tonight's Planning Commission Meeting Importance: High To the member of the Shorewood Planning Commission: I may not be able to attend tonight's meeting, I would like the Commission to know where I stand on the issues to be discussed. 1. The Bosworth property Dr. Bosworth has every right to develop his land - AS LONG AS IT IS IN COMPLIANCE WITH THE EXISTING CODES!!! In previous meetings, it is clear he would like to have the project rezoned, amended, or variances granted. How large would this Day Spa be? How many services would be available? Hair styling, pedicures, manicures, massages, facials, sun tanning, ect ect .suallY run on a tight schedule and serve as many clients many as possible. ow many people would be performing each of these tasks 2, 3, 4 for each task?? With each employee serving 2, 3, possibly 4 clients in an hour it adds up to a significant volume. This brings us back to TRAFFIC on Lake Linden Drive. Dr. Bosworth also would like to have bigger and better signage than what is allowed by the current zoning. He quoted proximity to Highway 7 as one reason, wasn't highway 7 there when he purchased the property with the existing zoning? He also mentioned that increased signage was needed because of the proximity to CUB. variances should not be granted based on keeping up with the Jones/neighbors. Is a sign needed to compete with and lure customers away from CUB? With the current zoning, there should not be any competing businesses. I can not think of a valid reason why a medical building would be in need of increased signage. Commissioners, please remember as you proceed, there are residential neighborhoods with children adjacent on a number of sides to the proposed development. This property is suppose to be a buffer. 2. Shorewood village Shopping Center eAt this time I do not know what their request involves in asking for an' amendment to the conditional use permit for multiple signage. Regardless, once again they want something changed that was put in place for very specific reasons. Did they previously agree to the parameters of the conditional use permit? I would suspect they did. They keep asking, and Shorewood keeps giving in, time and time again. Please drive by the Shopping Center, aren't the signs and MONUMENTS already more than anyone of the Commissioners could have imagined when this all started? In my opinion, some of our city employee's are strong advocates for any development and forget about the impact on the residents. The home owners and the children are rightly protected by the codes and zoning laws of Shorwood. As you make your decisions - don't forget about us. Thank you. Regards, Karl R. Bost 6090 Lake Linden Drive Shorewood, Mn 55331 952-893-6630 952-474-9369 C!~. t?t~ C--~~u rY)~ :....J q~ /I~~ ********************************************************************* Ajilon, LLC, Proprietary & Confidential. The information transmitted is intended only for 1 .'" ~ - 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: - 5 March 2004 RE: Thiss, Thomas - Minor Subdiyisionand Bluff Setback Variance FILE NO.: 405 (04.02) BACKGROUND - . Mr. Thomas This proposes to subdivide his property at 6110 Ridge Road (see Site Location map - Exhibit A, attached) into two lots as shown on Exhibit B. Due to the topography on the east half of the 10t~ Mr.Thiss has also requested a variance to the bluff setback requirement. . The subject site is zoned R-IAJS, Single.,Family ResidentiallShoreland and contains 2.42 acres ofland. It is occupied by a single-family dwelling and a detached garage. The propertyis accessed by Ridge Road, a private street. The land lies between Christmas .. - . . Lake and Silver Lake, is relatively wooded, and drops rather dramatically (>40 percent grade) toward Silver Lake. - _. --- The proposed lots would contain 45,239 square feet (west lot) ~d 60,145 square feet (east lot). The applicant has provided hardcover calculations showing that the lot with the house on it will have 21.7 percent impervious surface. The small garage on the west side of Ridge Road is nonconforming with respect to side yard setback requirements. ANAL YSISIRECOMMENDATION Although both of the proposed lots meet or exceed the R-IAJS size requirements, the applicant was asked to demonstrate that the new lot would be buildable. Two issues were raised in the initial review of the proposed division: 1) driveway grade; and 2) bluff. ft \..1 PRINTEO ON RECYCLEO PAPER :J:I: 8. C. ~ Memorandum Re: Thiss - Minor Subdivision and Variance 5 March 2004 impact. The applicant was directed to show that a driveway serving the new lot could meet a maximum eight percent grade. The proposed building pad shoWn on the survey . provides for a driveway that meets the City's requirements. - The slope of the land in the southwest comer of the new lot is more gradual than most of the lot. In spite of that and despite taking advantage of the average setback provision that allows a reduced front yard setback where adjoining structures are closer to the street, the proposed building pad encroaches into. the 20-foot bluff impact zoned for Silver Lake . (see Exhibit C). Even if the ,house p~d is reducedto comply with the blUff setback, the driveway Inust still encroach in order to meet the maximum grade requirement. . Withregard$to variance criteria, the proposed division is not out of character with t1}e other propertleson Ridge Road. In fact, the newly created lot would be one and one-half tinies,as large as the,R-IA district requires, and w()uldbe among the largest lots on the r03:~i.Also, the new lot lies between two similar lots, one somewhat more gradual, and the other considerably steeper. The applicant's hardship is considered to be related to topographic constr3:ints. If the variance is to be favorably considered, approval should not be granted without some conditions. First, a buildable area must be defined. The plan submitted by the applicant proposes to average the building pad between the two adjoining structures. As shown on Exhibit C, this places a small part of the building pad within the blUff impact zone. It is recommended that the building not extend northerIybeyondthe line shown on. . Exhibit C .as the bluff. This should be incorporated into a deed restriction and recorded against the property. . The proposed division increases the nonconformity of the detached garage. It is recommended that this building either be moved into conformity with setbacks, or be removed from the site. .. In addition to the recommendation in the two preceding paragraphs, the following is ...recomniended:. . 1. The survey should be revised to eliminate any portion of the building shown forward of the average setback line. The survey should also locate the sewer line and easements along the north side of the lot and extending across the C?ast end of the property near the lake. 2. The applicant's surveyor must show ten- foot drainage and utility easements around each lot. ., Legal descriptions for the easements .3. The survey should provide for a 10'x 20' pull out on Ridge Road. This must be constructed by 1 July of this year. A letter .of credit or cash deposit should be required in order to guarantee completion. -2- Memorandum Re: Thiss - Minor Subdivision and Variance 5 March 2004 4. lfthe garage can not be moved or removed before the division is recorded, an estimate for its relocation or removal must be submitted, from which a letter of credit or cash deposit should be required in order to guarantee completion by 1 July of this year. 5. Future construction on the new lot should be conditioned upon the grading of the . lotand the design of the foundation for the home being designed by a registered professional engineer. No site alteration should be allowed to the east bfthe 150- foot setback forSilver Lake, and no disturbed slope shall exceed 3:1. 6. The-applicant's attorney should prepare a deed restriction, suitable for recording, With the City as a signatory, to be recorded with the resolution approving the' division. The deed restriction should put future property buyers on notice that the lot is restricted. .. . 7. Prior to release of the resolution approving the division and variance, the applicant must pay park dedication ($1500)and local sanitary sewer access - charges ($1200) for the new lot. 8. The applicant should provide an up~to-date (within 30 days) title opinion on the property for review by the City Attorney. Cc: Craig Dawson . Tim Keane Larry Brown Thomas Thiss . -3- ~ Ww >~ :::!<( OO...J 0:: w 0 . 0:: 0 CO Z W (j) (j) <( :c w z ~ <( <( 'ai :c ...J g1f U C!- OO ..... <( 0 ~ 0 z~ g 0 I- In 3: 00 0 - In W ~ N 0:: I 0 0 t) :c (j) '... _'boJII ~~~ACA~~6diviSiOn/BIUffVarianCe Thiss Mmor . . o 30 60 L---- I SCAlE IN FEET 90 IL I ",V ~ \t ~! ~, fl ' -_J; , I "'~ ~ \t ~~ ~ \V ~ ~ ,_ ___ (ptr CIrlIIMIlI '" 1IIIe...... 43D174) I I I EXlmni\lG IHAIlmCOVIER CAL.CULAYIOINIS IFOlR TRACY' f (PMClEIL. U) a1UllNClllS IUllf'ACE . 4,,848 8Q, FT. ....... ~.:r.7IlI 8Q, FT. WM1B .. LNlDIIW'E. IDO 8Q, FT. 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Nard ..... u.... .... 2lIlllI3 DaI8 "'.......... ,..., 21.......2l!J3 DatD fIf MWJI __ A - PROPOSED HOUSE AND DRIVEWAY LOCAnONS FOR lRACT 2 PREPARED BY: CHARlES R. 5nNSON ARCHllECTS (952-473-9503) PROPERTY ADDRESS: '''0 .lIJ'JJCI .HtMD SBfJ.IIIlfKJ4 .JIN 66831 FHO.JaS FHISS t(@~ I~ 'flU), J: KOTA.K; So f.Nc. .I .Fi .~ SInrIt1 1"," ~L~JQ",~ IfII' ___ 1. -.------- KIHOR SUB.Dff7SIOH --- I I I ~ 0) '1 0 30 60 90 ~ I I SCALE IN FEET I I I I I ~ / ------; ) ............. 076=- ~ .. ......., ........,.... ..... .. ............ '........ ................................ ~~&6~~..... ~ .....;:s:>.......... ....~ '.... ...............}.... Exhibit D E BUILDING SETBACKS AVERAG ~. I ..... o (j) 9~ ..... o CD ~ w w w.. W .....J <( U U1 ..... FEB 1 0 2004 : ; I ' . ".: ; 8 February 2004 City of Shorewood Planning Department 5755 Country Qub Road Shorewood, MN 55331 Reference: Simple subdivision variance for 6110 Ridge Road This application to separate the Silver lake parcel (Tract 2) from the Christmas Lake home parcel (Tract 1) was filed 213/04. We purchased the properties in 1968. A 1966 survey carried a separate legal description for the two parcels labeled as Tracts 1 and 2. . We have lived at this address for nearly 36 years always with the intent of having the Silver Lake parcel (Tract 2) as an investment. We are requesting a variance so the parcel may be developed as a home site. Egan, Field and Nowak recently completed a survey of the property and Charles R. Stinson Architects sited a footprint of a home on the parcel. The footprint respects all bluff requirements and setbacks with a driveway slope of less than 8%. The development of Tract 2 would not set a precedent because most of the available land on Ridge Road was developed before the bluff ordinance took effect. This development has not had a deleterious effect on Silver Lake and most parcels have steeper slopes than Tract 2. The variance is in accord with the essential character of the ridge and in concert with the homes on both sides. We feel this is reasonable use of the land. To deny a variance would be to discriminate against an owner who has simply held his parcel longer than others. . We thank you for your consideration and hope that the commission would grant a variance for Tract 2. Sincerely, c2~ fL~~ 1Z~s Tom and Cokey ;2: 6110 Ridge Road Excelsior, MN 55331 Exhibit E APPLICANT'S RE~UEST LETTER Dated H }'ebruarv 2 04 8 February 2004 City of Shorewood Planning Department 5755 Country Club Road Shorewoodt MN 55331 . Reference: Simple subdivision variance for 6110 Ridge Road Please refund the escrow funds for the simple subdivision and the bluff setback variance filed 2/3/04. Thank yout rJ / . f'J/' ~d:i//;J$;, d~~ Thomas Thiss 6110 Ridge Road Excelsiort MN 55331 . !'If 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: PI~ing Commission, Mayor' and City Council . FROM: Brad Nielsen DATE: 5 March 2004 ~: Shorewood Village Center - C.D.P. for Multiple Signage FILE NO.: 405 (04.03) BACKGROUND . Representatives of the Shorewood Village Center have submitted an application to revise the center's existing conditional use permit for :multiple signage. A public hearing.to consider this request has been scheduled for 9 March 2004. As you are aware, Shorewood's Zoning Code allows each commercial property up to three signs - one freestanding and two wall signs. Properties with multiple tenants, such as a shopping center may, by conditional use permit, have more signs based upon an overall sign plan approved by the City. . A revised plan for the center is attached in Exhibit A (written criteria) and Exhibit B (graphic illustration). ANAL YSIS/RECOMMENDATION The City's regulations ~low the property owner latitude with respect to the design of the signage plan. In the past, the center was quite restrictive, going so far as to specify lettering style and color. The new plan provides for more flexibility in this regard. Tenants are allowed differentlettering styles and a broader choice of colors. Previously, o PRINTED ON RECYCLED PAPER :# 8. D. Memorandum Re: Shorewood Village Center - Sign Plan 5 March 2004 logos were not allowed. Under the revised plan, they are. Perhaps the biggest change in the neW plan is that signs will be allowed to be internally lit with LED lighting. The City's primary concerns with respect to signage are the size number of signs. The revised plan spells out how big and how many signs are allowed for each of two types of tenants. "In-line" and "Interior Mall" tenants are allowed one sign each, to be located within the signage band on the front of the building, not to exceed 20 square feet in area. Major tenants that occupy 5000 square feet or mote of the center, are allowed additional signage. The criteria on page 5 ofthe applicants written plan is a little confusing with respect to which business get which elevation. Three major tenants are identified: 3. New tenant - One sign, located on sign band of the south elevation, up to 75 square feet of area. Snyders (in process of closing) - Although none of this tenant space is located on the south elevation of the building, it is understandable that a major tenant would _ wanta south-facing sign. As written, however, it appea.r.sthat this tenant would - have two signs facing south, with a total of 150 square feet. This should be clarified, and limited to three signs. Hardware - Again the written description is somewhat confusing, particularly since this business has a relativelYlarge southerly exposure. It seems like this bw.ldfugwould have two south-facing sign. Total sign area is 156 square feet. This should be clarified and. limited to three signs. r: . 2. . The total sign area for the major tenants is of some concern.-Although the total area of signage is within 10 percentofthe building silhouette area, 150 square feet isa lot of signage. For example, if concentrated into one sign it could result in a small billboard (10'x 15'); This issue maybe somewhat self-controlling as long as signage-is limited to three in number and all-signs are limited to the apprQved sign band on the building. One other concern has atisen- with a couple of the new tenants. Some wish to have window signs. In the--past, the only window signs that have been allowed are "open" and "closed" signs. As long as the text has been limited, these have been treated as informational signs and limited to three square feet in area. At least two of the new tenants desire to have the business name included with the open/closed sign. The applicant's sign criteria is too vague in this regard, saying that such signs are allowed at the landlbrd's discretion. It is recommended that these signs be allowed, as long as it includes only business identification and open/closed -information. These signs should remain limited to three square feet in area. This plan does not reference a freestanding sign. This was addressed in the C.U.B. signage approval. The two plans should be considered as one. One item not addressed by either plan is temporary signage. Despite staff s advice to incorporate some sort of message board into the freestanding sign. The developer chose not to do so. Consequently, the center is limited to two temporary signs per twelve-month period, for -2- Memorandum Re: Shorewood Village Center - Sign Plan 5 March 2004 seven days at a time. Since the City has no interest in being involved in competition for this signage, any requests for temporary signage must come through the center. It should be noted that the City has had some difficultly with signage enforcement over the years. So muchso, that the development agreement for the new C.U.B. store and the center provides the City with the authority to remove signs that have not been approved. This is not something we wish to do, however, the sign criteria presented to tenants should be amended to inc1ude.this provision. With the clarifications mentioned herein, the applicant's sign plan should bean improvement over the previous plan. Tenants are allowed ample opportunity to identify their husinesses. The City has an overall plan from which to review sign requests and enforce City requirements. . Cc:. Craig Dawson Tim Keane David Schwebel . -3- . . Januarv 29.. 2004 SHOREWOOD VILLAGE CENTER SIGN CRITERIA AMENDEMENT TO CONDITIONAL USE PERMIT Calculation of Allowable Square Foota2e New infIlI building elevation per plan, Existing Mall retail elevation per plan, South (Hardware) elevation per plan, 912 square feet 4100 square feet 1589 square feet TOTAL SQUARE FOOTAGE: 6,601 square feet 100/0 Available for Signage ALLOCATION: 660 square feet of sign age Exhibit A PROPOSED SIGN PLAN CRITERIA Shorewood VIllage - C.U.P. tor Multiple Signage . . Shorewood Sign Criteria Page 2 INTRODUCTION Weare pleased to present the modified sign criteria for Shorewood Village Center. Although some individual variation will be allowed, the new tenant signage must preserve the crucial uniformity of the newly remodeled center. This criteria has been developed to insure the mutual benefit of Tenant and Landlord. By documenting signage detail and articulating the responsibilities of each partner, we will construct a sign system that meets both economic and aesthetic needs. Economics require that signage be functional and cost effective. Unnecessary costs will be avoided by guidelines which prevent the removal of inappropriate signs and the duplicate cost of sign replacement. Aesthetics require that signage complement the architecture of the complex and contribute to an environment which is attractive not only to customers but also to potential Tenants. . . Shorewood Sign Criteria Page 3 GENERAL GUIDELINES 1. Exterior tenant signage shall consist of store identification only, per specifications attached. Copy shall be restricted to the Tenant's proper name and product or service. 2. Corporate logos, emblems, shields and similar identifying devices shall be permitted only if approved by the Landlord. Fluorescent illuminated light boxes are prohibited. 3. Each Tenant is limited to one exterior building sign, with the exception of those stores which have two or more elevations or two or more exposures. 4. Letter styles are to be selected by the Tenant. The Landlord encourages creative and distinctive use of letter styles subject to Landlord approval. 5. Moving, rotating, flashing, blinking, message-changing, noise-making or odor-producing signs shall not be allowed. 6. Cloth, wood, paper or cardboard signs, stickers, vinyl or decal signs or any identification painted on the window surface are not allowed. Window Neon Signs are allowed with Landlord Approval. 7. The names, stamps or decals of manufacturers or installers shall not be visible except for technical data required by governing authorities. 8. Letter material, color and size requirements, as per attached specifications, must be followed. 9. All lines of lettering shall run horizontally. 10. Signs shall be constructed, mounted and located as determined by this Criteria and the Landlord. 11. The installation of signage and the costs incurred shall be the responsibility of the Tenant, unless otherwise stipulated in the Tenant's contract. 12. No roof signs are allowed. 13. Exposed ballast boxes or transformers are prohibited. Shorewood Sign Criteria Page 4 IN-LINE AND INTERIOR MALL TENANTS (Less than 5,000 Square Feet) There is a maximum of 12 in-line and interior mall Tenants (1 sign per Tenant will be allowed) Maximum allowance of 20 square feet per sign Total of 240 square feet of signage for all interior mall Tenants TOTAL: 240 square feet . 1. All inline and interior mall Tenants with single southern exposure will be allowed exterior fascia mount signs of a size no greater than 20 square feet. All signs will be set back a minimum of two feet (2'-011) from both the left and right tenant property lines where practical. The sign must be centered on the lease space where practical, upper and lower margins shall be at least six inches (611). The location of interior mall tenant signage on the sign band shall be determined by Landlord 2. Sign will consist of individual illuminated letters. Illuminated Logos will be allowed with Landlord approval. Illuminated letters will be internally illuminated by LED or neon only (no incandescent or fluorescent will be permitted). 3. All letters will be set on the designated sign fascia; color for letters faces must be chosen from the following translucent colors list: . Red Blue Green 2030 y ellow203 7 2283 (Rohm & Haas or equal) 2214 (Rohm & Haas or equal) (Rohm & Haas or equal) (Rohm & Haas or equal) All letter returns must be painted to match Dark Bronze. One color per tenant sign is permitted. 4. Letter faces to be of 3/16" thick Plexiglas. All letter faces to be edged in edgebrite or equal. All back and sides shall be constructed of aluminum and be attached to fascia of the building with non-corrosive fasteners. 5. All illuminated letters shall be powered by remote transformers or internal transformers. No raceways are permitted. 6. All illuminated sign fabrication and installation must comply with and display UL Label. . . Shorewood Sign Criteria Page 5 MAJOR TENANTS There are three exterior Tenants with more than 5,000 square feet Maximum of 375 square feet of sign age to be allocated between three major Tenants at the discretion of Landlord Allocation (may be changed at a later date): New Tenant 75 square feet south exposure 1 elevation on south Snyders 150 square feet south & west exposure 2 elevations on south Hardware 150 square feet west & south exposure 2 elevations on west TOTAL 375 square feet 1. All Major Mall Tenants will be allowed One exterior fascia mount signs per elevation or exposure. All signs will be set back a minimum of two feet (2'-0") from both the left and right tenant property lines. The sign must be centered on the lease space where practical, upper and lower margins shall be at least six inches (6"). 2. Sign will consist of individual illuminated letters. TIluminated Logos will be allowed with with Landlord approval. TIluminated letters will be internally illuminated by LED or neon only (no incandescent or fluorescent will be permitted). 3. All letters will be set on the designated sign fascia; color for letters faces must be chosen from the following translucent colors list: Red 2283 (Rolnn & Haas or equal) . . Shorewood Sign Criteria Page 6 Green 2030 (Rohm & Haas or equal) Yellow2037 (Rohm & Haas or equal) All letter returns must be painted to match Dark Bronze. One color per tenant sign is permitted. 4. Letter faces to be of 3/16" thick Plexiglas. All letter faces to be edged in edgebrite or equal. All back and sides shall be constructed of aluminum and be attached to fascia of the building with non-corrosive fasteners. 5. All illuminated letters shall be powered by remote transformers or internal transformers. No raceways are permitted. 6. All illuminated sign letter fabrication and installation must comply with and display UL Label. . . Shorewood Sign Criteria Page 7 TENANT AUXILIARY SIGNAGE 1. Tenant to supply rear door signage. 2. Proper names and address numbers are allowed. All numbers and letters to be 3" in height and copy to be a maximum 14" in width. All copy to be white vinyl, upper case Helvetica, medium typestyle. 3. Address numbers shall be on the top line with Tenant name below. Spacing between lines shall be 1-1/2". 4. Signs will be installed 41-6' from bottom of door to bottom of Tenant name. All copy to be left justified 6" from latch side of door jamb. 5. No additional signage will be allowed. . . Shorewood Sign Criteria Page 8 APPROVAL PROCEDURE 1. Prior to awarding a contract for fabrication and installation of signage, Tenant shall submit drawings and specifications in triplicate for all proposed building facade signage. The drawings shall clearly show location of sign and indicate graphics, color, materials, construction and attachment details. . 2. Tenant shall be responsible for complying with the regulations and ordinances governing the installation and maintenance of signs of governmental authorities having jurisdiction of the Leased Premises. Application for necessary permits and the payment of fees shall be directed to the appropriate governmental authorities by sign contractor and charged to the Tenant. Note that one (1) set of drawings bearing written approval by the Landlord must accompany the sign permit application. 3. Tenant is required by Landlord to have signs in place within 30 days of project completion. 4. Landlord approval is required by the City of Shorewood prior to issuing City permits. . . 4 4 20 SG. FT. OF SIGNAGE . . ~ - (2'-0" X 10'-0" TYPICAL) \:;J ~. ==:::f . . 1----1.. . . . ;o:::=:r ~. .' . ::I .. . . ~ F=I '. I---l ~,',<':-'~IIIII 111111111, 1111111 1IIIIITlTT III I IIIIIIITT Tf 1IIIIIIIIIITTfTIIII I I I::==f. '..1::::::::::1 I T9lANT I I T9lANT I -~ I==i : " . I '- I = .' . . IlltE a==tl'.~ 11=:1 II III III II II I II II I /I II t:=fj - 1l::::=J III ~ ~ 1111 ~ III lTJ'DW,iffl I II mw.irITII Till mwfI'll n lTlINIHTll D I I I I I == TENANT m I m T [ ] [ ] r ] III1II1 ~ / E3 \ I ~ 7 ~ I I I I I I I I I ~ ~ "- ~ ~ - - - - · 050UTH ELEVATION 01 81 16' tFtR:RM I I 6raph/~ S~a/8 321 F Exhibit B-1 BUILDING ELEVATIONS Shorewood VIllage , i 8.. ,':;i,..~;:. ,:'r'",':"---,:~,f~:,''''r~~~*'~J:~~';;!. .~: ,., :'~~ii\-t::::.:;~~;:t ~E eIB . .. 1- 'nl ;i . #!ll P!,t.'f1,.l 1'~ '~ A .- . , . :j ~ ~~,...;t'; ..~.". V,'=:- . , .\ ...q 6-1 llo.t. ~ .. J I - II IIIIIII1 II, . 1111111111 1i ~ I III I 111111111 , J I UTI 5- r" 11111111 ' I i l.l.. I. I I I I. 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A", ',.f~. . .. :: 4t 4t ,Et) CD Pw(IM..- LkcI, ' fWJM~ lS~"o. $ !; . tIl-,.....ft.t..fIo.I.-(~ fMoe;/t" f'U.-f1tJ' ~\Pll-ll( CD ~ :S 11{~ U~~WA', VL...MJ . 110 '4&oALt f.'t~"l-e'r...I, r' f'\Al!:oil'MW' IJ~ CD PMAIW ~* tMlvA1'~ !tP~I'o" I i l; K <l<J<I<J<li 'IIIU IIw nl,l,1 ~.til f uun nUn H!Il! I!4jU dl;H t: I, ~ I)' 1':' Ii; ~i f; : r -j I.: -' [ f ,... : i I' I. , I I 1: I f i f. L l' J ~ ~: l' I ~ DATE: riA-V ~ I fl'l"l SCALI!: ~P:::.I"o" ~: fffll++- ~t.-- CHllCKED II'r. Exhibit B-2 u.' .' :. MAR 1 7 2004 r,...... . A A PrC>fo...,e J ,& . I .~ ~ ~ ..--20 sa, FT. OF 516NAGE~, 0._ . ~ ""' ~\ ~~ '. .-. . ~ (;2'-0" X 10'-0" TYPIC,AL) ~~r'\ ~i\C ~ --- "- ~I~:~ 1 _1 1 _I ~/~;==IIIIIIIIIIIIIII r ~ dllTlilllllllllllllllllllllllllllllllTTTT IIIII III I; ~ = ~. '". . '. . ~III III IIIIII III I III III III 1118:- '.: i~ III iiMot I~ Ill. nNANT _ t1J11 I I UW'II I i WJ _ III iiJoI,oHrlT III I~AUII II ~I- I ~ ~I/~ \1/ ~17~ I I I II : E3 ~ J--I J ~ 13. I- '- '- I~' ~ ~ I [](](] 1111111 . 050UTH ELEVATION 0' 8' 16' lftftRftA I I Graphk: St:a/e 321 F Exhibit A . . (j\ llll~ IJ :U( f7" :'>. J f:.:: G~ () c: .rorrI~ -I :c m == r == I- m - ~ < == )> -= -I '- - () == Z /' == - == -- == I ~~ == - - - lIIr, ~~ ..J.::., G~ ill ill]] ill' . II1ffi - - 1- == - T == - =- :;=; - 11id= 1- ~t:=: I I~ = I--- I I - ~. - == I - == \ i == == iJlV == I- () - ()U\ - == "s;) T X' - _11 T ~ == ():-f - .- () i == q11 - == -tU\ -<- -o@ I - -z - 0)> I f-- - )>@ "- em - ~~ - ~ ~ lJ) 0 ,""\) - == ~~ :: - ~ ~l\- E == b.. - ;=: \Jl - - - - T laffif ~Il! I ~ I r ~II I I nllD II U=- -~ iP"o e:= ~ .... ~ t=: ~ ~ I () ~ ~ G' \\\ CJl tv > I I-' o " ;......- ; ... !iE ::0 ...... -. ~ C> ~ ~ - 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 . Brad Nielsen FROM: DATE: 18 March 2004 RE: Shorewood Village Center - C.U.P. for Multiple Signage FILE NO.: 405 (04.03) A staff report, dated 5 March 2.004, raised a couple of issues to be clarified with respect to a request by Shorewood Village Center to modify their conditional use permit for multiple signage. The property manager has agreed to clarify the number of signs for major tenants in the proposed sign criteria. They will be limited to three. . Also, the issue of window signage was brought back to the Planning Comssion after their initial review and recommendation. The Commission is agreeable to increasing the 'size of window signage to four square feet(instead of three square feet). The property manager has also submitted an updated building elevation, showing how 'signs vn.1l be located on the building (see Exhibit A). If you have any questions relative to this matter, please contact me prior to Monday night's meeting. Cc: Pl~g Commission Craig D awson Tim Keane David Schwebel n \.~ PRINTED ON RECYCLED PAPER . . ,. ,A . , . . CITY OF SHOREWOOD RESOLUTION NO. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR MULTIPLE SIGNS TO SHOREWOOD VILLAGE CENTER WHEREAS, Shorewood Village Center, Inc. (Applicant) has an interest in the real property located at 23680 State Highway 7 in the City of Shorewood, County of Hennepin, State of Minnesota; legally described as: "Lot 2, Block 1, Shorewood Village Addition" WHEREAS, the Applicant has prepared a new signage plan for the shopping center located on the above-referenced property; and WHEREAS, the Applicant has applied for a conditional use pennit, pursuant to Section 1201.03 Subd. ILe.(3)(c) of the Shorewood City Code, to install multiple signs on the above- referenced property; and WHEREAS, Applicants' request was reviewed by the City Planner, and his recommendations were duly set forth in memoranda to the Planning Commission and City Council, dated 5 March 2004 and 18 March 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 9 March 2004, the minutes of which meeting are on file at City Hall; and WHEREAS, Applicant's request for conditional use permit was considered by the City Council at their regular meeting on 22 March 2004, at which time the Planner's memoranda and the minutes of the Planning Commission were reviewed and comments were heard by the Council from the City staff. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shore wood as follows: FINDINGS OF FACT 1. The Subject Property is located in a C-3, General Commercial zoning district. 2. The City Zoning Code allows multiple signage for shopping centers subject to an overall signage plan approved as part of a conditional use permit, and not to exceed ten percent of the area of the building silhouette, as viewed from the street. 3. The shopping center and the attached grocery store are subject to one overall sign plan. The signage for the grocery store, plus the freestanding sign for the site total 862 square feet of area, leaving 560 squa!e feet of sign area for the center. 4. The Applicant proposes to divide its allowable signage up into two categories of signs as follows: .. . . a. b. Maj or tenants: In-line or interior mall tenants: 320 square feet 240 square feet 5. The Applicant proposes to limit the use of window signs on exterior windows of the shopping center. ' 6. That the Applicant, as opposed to individual tenants of the shopping center, will make any applications for temporary signs, pursuant to Section 1201.03 Subd. l1.c.(4) of the Shorewood City Code, as may be amended. CONCLUSIONS 1. That based upon the foregoing, the City Council hereby grants the Applicant's request for a conditional use permit subject to the following: a. All signs on the property shall comply with the Applicant's application, set forth in Exhibits A-I through A-I0, attached, and with the requirements of Shorewood1 s Zoning Code, as may be amended. b. All future sign permits for the subject property will be evaluated based upon consistency with this conditional use permit. c. The Applicant may erect "directional" entrance and exit signs and other traffic control signs as approved by the Shorewood Zoning Administrator. d. The Applicant proposes to prohibit the use of window signs on exterior windows of the shopping center, except that each tenant may have one window sign stating the name of the business and "open/closed". Such window signs shall not exceed four square feet in area, which area shall be included in the tenant's allowable sign area. e. Any temporary sign permits shall be consistent with the Shorewood City Code, and will be controlled and applied for by the Applicant, as opposed to individual tenants of the , shopping center. 2. That the City 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 22nd day of March 2004. Woody Love, Mayor ATTEST: Craig W. Dawson, City Administrator/Clerk -2- New infill building elevation per plan, Existing Mall retail elevation per plan, South (Hardware) elevation per plan, 912 square feet 4100 square feet 1589 square feet March 15" 2004 SHOREWOOD VILLAGE CENTER SIGN CRITERIA AMENDEMENT TO CONDITIONAL USE PERMIT . Calculation of Allowable Square Foota~ TOTAL SQUARE FOOTAGE: 6,601 square feet . 10010 Available for Sign age ALLOCATION: 660 square feet of sign age p ~ /OD#JiL. ~ Gut!Jff3''"''-7 .j4 5'" (PO ~ - ;c- cd! oh.J~ r-- ~ ~ ~~ 50~'J:L' ~J!ad-~;J- ->Y\ d 0"1...- ~ Exhibit A-I Shorewood Sign Criteria Page 2 INTRODUCTION Weare pleased to present the modified sign criteria for Shorewood Village Center. Although some individual variation will be allowed, the new tenant signage must preserve the crucial uniformity of the newly remodeled center. This criteria has been developed to insure the mutual benefit of Tenant and Landlord. By documenting signage detail and articulating the responsibilities of each partner, we will construct a sign system that meets both economic and aesthetic needs. Economics require that signage be functional and cost effective. Unnecessary costs will be avoided by guidelines which prevent the removal of inappropriate signs and the duplicate C0st of sign replacement. Aesthetics require that signage complement the architecture of the complex and contribute to an environment which is . attractive not only to customers but also to potential Tenants. . A-2 . . Shorewood Sign Criteria Page 3 GENERAL GUIDELINES 1. Exterior tenant signage shall consist of store identification only, per specifications attached. Copy shall be restricted to the Tenant's proper name and product or service. 2. Corporate logos, emblems, shields and similar identifying devices shall be permitted only if approved by the Landlord. Fluorescent illuminated light boxes are prohibited. 3. Each Tenant is limited to one exterior building sign, with the exception of those Major Tenants which have two or more elevations or exposures. 4. Letter styles are to be selected by the Tenant. The Landlord encourages creative and distinctive use of letter styles subject to Landlord approval. 5. Moving, rotating, flashing, blinking, message-changing, noise-making or odor-producing signs. shall not be allowed. 6. Cloth, wood, paper or cardboard signs, stickers, vinyl or decal signs or any identification painted on the window surface are not allowed. 7. The names, stamps or decals of manufacturers or installers shall not be visible except for technical data required by governing authorities. 8. Letter material, color and size requirements, as per attached specifications, must be followed. 9. All lines of lettering shall run horizontally. 10. Signs shall be constructed, mounted and located as determined by this Criteria and the Landlord. 11. The installation of sign age and the costs incurred shall be the responsibility of the Tenant, unless otherwise stipulated in the Tenant's contract. . 12. No roof signs are allowed. 13. Exposed ballast boxes or transformers are prohibited. A-3 . . Shorewood Sign Criteria Page 4 IN-LINE AND INTERIOR MALL TENANTS (Less than 5,000 Square Feet) There is a maximum of 12 in-line and interior mall Tenants (1 sign per Tenant will be allowed) Maximum allowance of 20 square feet per sign Total of240 square feet of signage for all interior mall Tenants TOTAL: 240 square feet 1. All inline and interior mall Tenants with single southern exposure will be allowed exterior fascia mount signs of a size no greater than 20 square feet. All signs will be set back a minimum of two feet (2'-0") from both the left and right tenant property lines where practical. The sign must be centered on the lease space where practical, upper and lower margins shall be at least six inches (611). The location of interior mall tenant signage on the sign band shall be determined by Landlord 2. Sign will consist of individual illuminated letters. illuminated Logos will be allowed with Landlord approval. llluminated letters will be internally illuminated by LED or neon only (no incl:\Ildescent or fluorescent will be permitted). 3. All letters will be set on the designated sign fascia; color for letters faces must be chosen from the following translucent colors list: Red Blue Green 2030 Yellow2037 2283 (RobIn & Haas or equal) 2214 (RobIn & Haas or equal) (Rohm & Haas or equal) (RobIn & Haas or equal) All letter returns must be painted to match Dark Bronze. One color per tenant sign is permitted. 4. Letter faces to be of 3/16" thick Plexiglas. All letter faces to be edged in edgebrite or equal. All back and sides shall be constructed of aluminum and be attached to fascia of the building with non-corrosive fasteners. 5. All illuminated letters shall be powered by remote transformers or internal transformers. No raceways are permitted. 6. All illuminated sign fabrication and installation must comply with and display UL Label. A-4 - Shorewood Sign Criteria Page 5 MAJOR TENANTS There are currently three exterior Tenants with more than 5,000 square feet Maximum of 375 square feet of signage to be allocated between three or possibly more major Tenants at the discretion of Landlord. (Maximum of 3 exterior signs will be allowed per Tenant) . Allocation (mav be changed at a later date): New Tenant 75 square feet (Two Signs) south exposure 1 elevation on south Snyders 150 square feet (Three Signs) south & west exposure 2 elevations on south Hardware 150 square feet (Three Signs) west & south exposure 2 elevations on west TOTAL 375 square feet . 1. All Major Mall Tenants will be allowed One exterior fascia mount signs per elevation or exposure with a maximum of three signs. All signs will be set back a minimum of two feet (2'~0") from both the left and right tenant property lines. The sign must be centered on the lease space where practical, upper and lower margins shall be at least six inches (6"). 2. Sign will consist of individual illuminated letters. illuminated Logos will be allowed with with Landlord approval. illuminated letters will be internally illuminated by LED or neon only (no incandescent or fluorescent will be permitted). 3. All letters will be set on the designated sign fascia; color for letters faces must be chosen from the following translucent colors list: A-5 A-6 Shorewood Sign Criteria Page 6 Red 2283 (Rohm & Haas or equal) Green 2030 (Rohm & Haas or equal) Yellow2037 (Rohm & Haas or equal) All letter returns must be painted to match Dark Bronze. One color per tenant sign is permitted. 4. Letter faces to be of 3/16" thick Plexiglas. All letter faces to be edged in edgebrite or equal. All back and sides shall be constructed of aluminum and be attached to fascia ofth.e building with. non-corrosive fasteners. 5. All illuminated letters shall be powered by remote transformers or internal transformers. No raceways are permitted. . 6. All illuminated sign letter fabrication and installation must comply with. and display UL Label. . . . Shorewood Sign Criteria Page 7 TENANT AUXILIARY SIGNAGE 1. Tenant to supply rear door signage. 2. Proper names and address numbers are allowed. All numbers and letters to be 3" in height and copy to be a maximum 14" in width. All copy to be white vinyl, upper case Helvetica, medium typestyle. 3. Address numbers shall be qn the top line with Tenant name below. Spacing between lines shall be 1-1/2". 4. Signs will be installed 4'-6' from bottom of door to bottom of Tenant name. All copy to be left justified 6" from latch side of door jamb. 5. Tenant will be allowed to install an interior window sign with prior Landlord approval. This sign. shall consist of business identification and open/closed information only. Sign will be limited to four square feet. A-7 - . . Shorewood Sign Criteria Page 8 TEMPORARY SIGNAGE 1. Landlord may from time to time allow the installation of temporary signs on a short term basis. Landlord may accept or reject a request for temporary signs based upon its sole and absolute discretion. The City only allows two temporary signs in a twelve month period for seven days at a time for the entire shopping center. A-8 - Shorewood Sign Criteria Page 9 APPROVAL PROCEDURE 1. Prior to awarding a contract for fabrication and installation of signage, Tenant shall submit drawings and specifications in triplicate for all proposed building facade signage. The drawings shall clearly show location of sign and indicate graphics, color, materials, construction and attachment details. . 2. Tenant shall be responsible for complying with the regulations and ordinances governing the installation and maintenance of signs of governmental authorities having jurisdiction of the Leased Premises. Application for necessary permits and the payment of fees shall be directed to the appropriate governmental authorities by sign contractor and charged to the Tenant. Note that one (1) set of drawings bearing written approval by the Landlord must accompany the sign permit application. 3. Tenant is required by Landlord to have signs in place within 30 days of proj ect completion. 4. Landlord approval is required by the City of Sborewood prior to issuing City permits. . A-9 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 MEMORANDUM DATE: March 17, 2004 RE: Mayor and Council Members Craig W:Dawson, City Administrator/Clerk cJ) Planning Commission Appointments TO: . FROM: Recently, Commissioner Jim Pisula resigned from the Planning Commission. Council may consider extending an appoii1tmentto one of the following carididates who interviewed earlier this .year for the Planning Commission. . Kathe White, 27430 Pine Bend . Bruce A. Guiffre, 5995 Ridge Road . Scott Williams, 5955 Country Club Road . David Meyer, 19675 Chartwell Hill . The current Planning Commission vacancy to be filled is for the term ending January 31, 2006. Council Action Should appointments be made at tonight's meeting, a motion to adopt a Resolution making PlaIlning Commission appointments is in order.'. #- '1A ft tJ PRINTED ON RECYCLED PAPER CITY OF SHOREWOOD RESOLUTION NO. 04- A RESOLUTION MAKING PLANNING COMMISSION APPOINTMENTS WHEREAS, the City of Shorewood has advertised for Shorewood residents to apply to serve on the Planning Commission; and WHEREAS, the City Council did complete interviews and selection procedure for appointment to said Commission. NOW, THEREFORE BE IT RESOL YED that the City Council of the City of Shorewood hereby makes the following appointments to the Planning Commission effective April 1, 2004, with the term expiration as indicated: Planning Commission: Member . Term 1. January 31,2006 Said appointments complete the seven member Planning Commission which consists of the following additional members: Member Term 2. Ann Packard January 31,2007 3. Jeff Bailey January 31, 2007 . 4. Kevin Conley January 31, 2007 5. Deborah Borkon January 31,2006 6. Bob Gagne January 31, 2005 7. Donna Woodruff January 31,2005 ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 22th day of March, 2004. WOODY LOVE, MAYOR ATTEST: CRAIG W. DAWSON, CITY ADMINISTRATOR , . . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236 FAX (952)474-0128. www.cLshorewood.mn.us.cityhall@cLshorewood.mn.us MEMORANDUM TO: FROM: City CounciJ . h . . Craig W. Dawson, City Administrator V JJl1/' Larry Brown, Director of Public Works/City Engineer ~ March 18, 2004 Revision to Cooperative Agreement for Gideon Glen Project DATE: SUBJECT: Back2round: Late in 2003, the Minnehaha Creek Watershed District (MCWD) drafted a Cooperative Agreement for the improvements and maintenance of them on the Gideon Glen property. The MCWD Board approved the agreement in December, and the Shorewood City Council approved it on January 12,2004. When the agreement arrived at Hennepin County, staff in the Transportation Department rmsed objections to the provision that made it the County's responsibility to maintain the stoImwatertreatment pond and grit chamber, as County policy strictly assigned this responsibility to Cities. Ne1!otiations: City staff took issue with this policy, as the need for the pond arose frorn'the County's . road improvement project, and as the calculation for contributions to the stormwater system for the whole project was 56 percent by Shorewood and 44 percent by non-Shorewood properties. An MCWD permit needed for the project, and the MCWD requires a maintenance agreement to be in place before the permit is valid. This three-party Cooperative Agreement fulfills that requirement. In the grand scheme of things, the City does not have much of a bargaining position regarding the County policy on maintenance. Without a City/County agreement for maintenance on the stormwater pond andgrit chamber, there is no MCWD permit, and hence {in the worst case) the project is delayed and/or abandgned: The policy also is unifotn:l with respect to Cities throughout Hennepin County . Revisions: The revised Cooperative Agreement woul<i also aSsign maintenance of the stormwater pond and grit chamber to the City. In the draft approved by the MCWD Board and Shorewood City Council, the MCWD would transfer its wetland credits on the Gideon Glen site to Hennepin County. With the County not accepting responsibility for the maintenance of the stormwater pond and grit chamber, the MCWD will not transfer the wetland credits to the County. MCWD staffwill recommend that the MCWD Board transfer these credits to the City. The revised agreement will be on the MCWDBoard agenda for March 25. RECOMMENDATION: Staff recommends that the City Council approve the revised Cooperative Agreement for Gideon Glen, and authorize its execution by the Mayor and City Administrator. {) PRINTED ON RECYCLED PAPER :II=- ~tJ 'I COOPERATIVE AGREEMENT Among the Minnehaha Creek Watershed District, the City of Shorewood, and Hennepin County Hennepin County Agreement No. PW 52-60-03 C.P. 9821 Gideon Glen Water Quality Improvement and Wetland Restoration Project This Cooperative Agreement is made by and among the Minnehaha Creek Watershed District (MCWD), a watershed district created pursuant to Minnesota Statutes Chapter 103D, the City of Shorewood, a Plan A statutory city pursuant to Minnesota . Statutes Chapter 412 ("Shorewood"), and Hennepin County, a political subdivision of the State of Minnesota ("Hennepin County"). Recitals and Statement of Purpose WHEREAS, the MCWD has an approved Water Resources Management Plan (WRMP) that identifies regional stormwater detention and wetland restoration as priority needs for reducing stormwater flow rates, localized flooding and water quality degradation within the watershed; and WHEREAS, pursuant to amendments adopted on July 12, 2001, and December 13, 2001, the WRMP Capital Improvement Program includes the Gideon Glen project (the "Project") providing for public acquisition of a 5.S-acre parcel of land located west of CSAH 19 and north of Smithtown Road in Shorewood (the "Gideon Glen area") and capital investment within the surrounding 140-acre subwatershed ("Glen RoadlCSAH 19 . subwatershed"), delineated on Attachment A incorporated herein, for purposes of wetland restoration, regional stormwater management, public education and other related purposes; and WHEREAS, in 2000, Shorewood purchased the Gideon Glen area and, pursuant to a cooperative agreement between Shorewood and the MCWD, the MCWD thereafter contributed $200,000 to that purchase on the conditions that the area would be preserved for water resource purposes; any improvements would be accomplished and maintained; and the MCWD would own any wetland credits generated by the improvements; and . WHEREAS, the MCWD, Hennepin County and Shorewood have evaluated concepts for achieving within the Glen RoadlCSAH 19 subwatershed the opportunities referenced in the preceding paragraph; and 1 WHEREAS, a review of the Glen Road/CSAH 19 subwatershed, including Hennepin County's programmed reconstruction of the CSAH 19/5mithtown Road intersection, the Shorewood Economic Development Authority's (EDA's), construction of the Excelsior Fire District (EFD) and South Lake Minnetonka Police Department (SLMPD) public safety facility, Shorewood's planned drainage improvements within an area of Shorewood experiencing flooding problems, and the planned redevelopment of a shopping c~nter located at the intersection CSAH 19 and Smithtown Road in Tonka Bay, has led the parties to conclude that it is cost-effective, advantageous from a water resource management and natural resource protection perspective, and in the public interest to coordinate related actiVities within the Glen Road/CSAH 19 subwatershed); and . WHEREAS, the City of Shorewood is working with the EDA to assure that the construction of the South Lake Minnetonka Public Safety Facility and associated surface water management facilities are completed in accordance with the terms of MCWD Permit No. 02-317, approved on November 21, 2002, and in which the EDA will remain responsible for maintenance of those facilities in accordance with permit terms; and . WHEREAS, the parties acknowledge that their ability to achieve these objectives depends on each party satisfactorily and promptly performing individual obligations and working cooperatively with each other party; . THEREFORE, IT IS AGREED by and among the parties that they enter into this Agreement to document in an enforceable manner the understanding of the parties as to the scope of the work to be undertaken; reaffirm the commitment of each party as to the general responsibilities of and tasks to be undertaken by each party; establish procedures for performing these tasks and carrying out these responsibilities; and facilitate communication and cooperation among the parties to ensure successful completion of the work encompassed in the Agreement. AGREEMENT 1. General Responsibilities and Performance Guidelines. 1.1 Each party shall use best efforts to fulfill the terms of this Agreement for those tasks for which they are responsible and to cooperate fully and effectively to carry out the work specified in this Agreement. 1.2 Except as otherwise specifically stated herein, each party retains the final authority concerning implementation of the tasks it assumes under this Agreement, but each other party shall have the opportunity to review and comment on design. plans and specifications, work plans, contractual documents and other documents prepared pursuant to this Agreement. 2 1.3 All designs, written materials, technical data, research and any other work- in-progress shall be shared in a timely manner between the parties on request, except as prohibited by law. " 1.4 Each party shall be responsible for obtaining permits and rights of property use, drainage and acce"ss with respect to each activity for which it is responsible under this Agreement. The parties shall cooperate with each other in the review and processing of any permits, approvals and rights of property access or use one party needs to obtain from another or from a non-party in order to carry out its responsibilities under this Agreement. Any related permit processing fees and administrative fees shall be waived. 1.5 All public information materials concerning work under this Agreement prepared by any party shall identify the work as part of an undertaking of the three parties. All written materials concerning the Gideon Glen area, in addition, shall acknowledge the funding role of the MCWD. . 2. Onzanization. 2.1 The administrator of each party or their designee shall serve on a Project Team. The Project Team shall serve as the administrative body through which the parties coordinate their efforts under this Agreement. 2.2 An MCWD representative to the Project Team shall be the Coordinator. Pursuant to the terms of this Agreement and the direction of the Project Team, the Coordinator shall chair the Project Team; coordinate Project implementation; and . coordinate communication between the parties. 2.3 Within 120 days after this Agreement takes effect, the Project Team shall prepare a plan for public participation, communication and education that contains specific objectives and activities and that identifies implementing agencies/organizations, funding requirements and sources, and an implementation timeline for on-going public education at the Gideon Glen site. Activities under the plan shall be carried out individually or together as the plan may specify. Project Team members may not commit to expenditures for plan implementation that otherwise requires approval of their respective governing bodies unless that approval has been obtained. 3 3. Svecific Tasks and Resvonsibilities. 3.1 MCWD. . 3.1.1 The MCWD shall be responsible for pre-design, design, permitting, construction and construction management of wetland restorations, plantings and landscaping, interpretive trails, overlook platforms and informational structures within the Gideon Glen area. The MCWD shall afford the other parties at least thirty (30) days to review and comment on design plans and specifications and an operation and em. aintenance plan for the restored wetlands, plantings and landscaping. The MCWD will own any wetland credits created by this work but will take actions as necessary to give effect to paragraph 3.2.7. 3.1.2 The MCWD shall bear the costs of all activities for which it is responsible under paragraph 3.1.1, up to a total of $172,500 for project design, project management~ construction and site restoration, and contingencies and up to a total of $11,130 for trails, overlooks and other facilities. The value of wetland credits shall not be considered in determining total costs. Authorization for expenditures in excess of $172,500 will require MCWD Board approval. 3.1.3 The MCWD shall provide up to a total of $5,250 for the implementation of the plan for public participation, communication and education concerning stormwater and surface water protection as contained under subsection 2.3. Authorization for expenditures in excess of$5,250 will require MCWD Board approval. . 3.1.4 The MCWD shall be responsible for maintenance of wetland and wetland buffer plantings within the Gideon Glen area for an initial term of 5-years after the plants are installed. 3.1.5 The MCWD will pursue required procedures in good faith to accomplish the goals set forth in this agreement. 3.2 Shorewood. 3.2.1 Shorewood will provide ongoing maintenance of interpretive trails, overlook platforms, informational structures and other park facilities. Shorewood grants permission to the MCWD to install in a suitable and mutually agreeable location and to maintain during construction, at MCWD expense, signage describing work under this Agreement and the MCWD's participation in it.. Shorewood may place reasonable restrictions on the size or location of signage in accordance with the Shorewood City Code. Shorewood shall record a conservation easement on that portion of the Gideon Glen area encompassed, post-restoration, by wet1~d and wetland buffer. 4 3.2.2 Shorewood shall proceed diligently to program and construct stormwater management capital improvements to address flooding issues within the area labeled as Flooding Problem Area on Attachment A to this Agreement. These improvements shall be subject to all applicable permit requirements, including those of the MCWD. 3.2.3 Shorewood shall prepare and implement within the Glen Road/CSAH 19 subwatershed a Best Management Practices plan that includes the following: street sweeping at least twice yearly, after snowmelt and leaf fall; storage and use of sand and de-icing materials, and snow removal and storage, in a manner that minimizes potential impact to surface waters; and minimization of unnecessary or improper fertilizer use. 3.2.4 Shorewood shall bear the costs of all activities for which it is responsible . under subsection 3.2. 3.2.5 Shorewood shall use $75,000 received from the Metropolitan Council Environmental Partnership Grant program consistent with requirements for wetland restoration and water quality improvements in the Gideon Glen area. Authorization for expenditures in excess of $75,000 will require City Council approval. 3.2.6 Shorewood shall be responsible for maintenance, at its own costs, the retention pond and grit chamber identified in paragraph 3.3.1 of this Agreement. 3.2.7 In recognition of the surface water treatment facilities the County will install and the City will maintain in excess of the requirement of MCWD Rules, the MCWD shall allow the City to use any wetland credits created by this project within the 5.8-acre Gideon Glen area for the purpose of wetland mitigation within the Lake . Minnetonka sub-watershed. The City shall be responsible for all costs associated with the recording, maintenance, and use of wetland credits. 3.3 Hennepin County. 3.3.1 Hennepin County shall construct the CSAH 19/5mithtown Road improvements and associated surface water management facilities, including a retention pond and a grit chamber within the Gideon Glen area, in accordance with the terms of MCWD Permit No. 02-034, approved on March 29, 2002, attached hereto and by this [reference made a part hereof. It is understood and agreed that Shorewood shall be responsible for maintenance, at its own cost, of the above-mentioned retention pond and grit chamber. This shall not diminish the authority of Hennepin County to determine the terms under which it will accept peak flow or volume from other properties into the surface water management facilities beyond the amounts determined in the modeling accepted by the MCWD for the purpose of Permit No. 02-034. 5 4. Remedies The parties recognize that each element of work under this Agreement depends on performance of each other element for the full benefit of the work to be realized. Accordingly, specific performance and damages in the form of cost to complete are remedies for any breach of this Agreement. The parties waive immunities as necessary, and only as necessary, to give effect to this paragraph. This paragraph grants no right and waives no immunity as to any third party. . 5. Amendments This Agreement may be amended only by a writing signed by all parties. 6. Effective Date and Termination The effective date of this Agreement is the date on which it has been duly executed by each party. The Agreement shall terminate five years thereafter. Any obligations incurred under this Agreement before the date oftermination shall survive termination. IN WITNESS WHEREOF, the parties have executed this Cooperative Agreement. . CITY OF SHOREWOOD (Seal) By: Mayor Date: And: Administrator Date: 6 MINNEHAHA CREEK WATERSHED DISTRICT By: President, Board of Managers Date: , Approved As To Form and Execution . By: Its Attorney Date: . 7 COUNTY OF HENNEPIN ATTEST: By: Deputy/Clerk of the County Board Date: . APPROVED AS TO FORM: By: Assistant County Attorney Date: APPROVED AS TO EXECUTION: APPROVAL . By: Assistant County Attorney Date: By: Chair of its County Board Date: And: Assistant/Deputy/County Administrator Date: And: Assistant County Administrator, Public Works and County Engineer Date: RECOMMENDED FOR By: Director, Transportation Department Date: 8 . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128 . www.cLshorewood.mn.us . cityhall@cLshorewood.mn.us MEMORANDUM TO: FROM: DATE: SUBJECT: City Council ct> Craig W. Dawson, City Administrator January 8, 2004 Cooperative Agreement for Gideon Glen Work on the Gideon Glen project is scheduled to begin in 2004 and fInish in 2005. The Gideon Glen . project and the County Road 19 intersection project are intertwined with respect to drainage and water quality management. Planning efforts tointegrate'and coordinate these common elements were essentially completed during the last four months of 2003. The Minnehaha Creek Watershed District (MCWD) has taken the lead in developing a cooperative agreement betweenits~lf, the City of Shorewood, and Henn~in County. City staff believes the terms of the agreement are reasonable and withinthe City's capabilities. The MCWD Board of Managers approved the cooperative agreement at its December 18, 2003, meeting. Hennepin County has not yet acted on the agreement. Maior responsibilities under the terms of the agreement are as follows: MCWD · Will perform pre-design, design, permitting, construction and construction management of . wetland restorations, plantings 'and landscaping, interpretive trails, overlook platforms and informational structures. · Will commit up to $188,880 to project costs (characterized above). · Of the $188,880, will use not more than $11,130 to design and install trails, overlooks, ~~~~~. - · Of the $188,880, will provide up to $5,250 to prepare and implement the public education plan. ..' · Will maintain wetland and wetland buffer plantings for an initial term of fIve years after plants are installed. City of Shorewood · Will perform ongoing maintenance of interpretive trails, overlook facilities, informational structures and other park facilities. · Will approve signage for the MCWD subject to the City's customary regulations · Will record a conservation easement for the post-restoration wetland and wetland buffer areas. ,. .- ~" PRINTED ON RECYCLED PAPER Gideon Glen Cooperative Agreement January 12,2004, City Council Meeting Page Two . Will "proceed diligently" to program and construct stormwater management capital improvements to address flooding issues within the larger Gideon Glen area. . Will implement a Best Management Practices plan for the Glen Road/County Road 19 subwatershed. . Will use the $75,000 Metropolitan Council Environmental Partnership Grant program consistent with its requirements. . Will, with the exception of the signage mentioned above, bear for all costs of activities for which it is responsible. . Hennepin County . Will construct the roadway improvements and associated surface water management facilities, including a retention pond and a grit chamber. . Will be responsible for maintenance of facilities required in its MCWD permit (including the retention pond and grit chamber). . Will be allowed to use any wetland credits created by this 5.8-acre project. All parties . Shall participate on a Project Team. . Within 120 days, will prepare a plan for public participation, communication, and education, for the construction of the project as well as on-going public education thereafter. . The stormwater retention pond has been reshaped in a manner consistent with the City Council's stated expectations. Plans have been and will continue to be revised in order to place it the furthest east on the property as practical. RECOMMENDATION: Staff recommends that the City Council approve the Cooperative Agreement regarding the Gideon Glen Water Quality Improvement and Wetland Restoration Project, and authorize the Mayor and City Administrator to execute the Agreement.