080802 CC Reg AgP
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CITY OF SHOREWOOD
CITY COUNCIL REGULAR MEETING
MONDA Y, JULY 8,2002
5755 COUNTRY CLUB ROAD
COUNCIL CHAMBERS
7:00 P.M.
AGENDA
1. CONVENE CITY COUNCIL MEETING
A. Roll Call
Mayor Love_
Garfunkel_ .
Lizee _
Zerby _
Turgeon _
B. Review Agenda
2. APPROVAL OF MINUTES
A. City Council Regular Meeting Minutes of June 24, 2002 (Att.-#2A Minutes)
B. City Council Work Session Minutes of June 24, 2002 (Att.-#2B Minutes)
3. CONSENT AGENDA - Motion to approve items on Consent Agenda & Adopt Resolutions
Therein:
NOTE: Give the public an opportunity to request an item be removed from the
Consent Agenda. Comments can be taken or questions asked following removal from
Consent Agenda.
A. Approval of the Verified Claims List (Att.-#3A Claims List)
B. Approval of the 2003 Budget of the Lake Minnetonka Conservation District (Att.#3B
Administrator's memorandum)
4. MATTERS FROM THE FLOOR (No Council action will be taken.)
5. PARKS
6. PLANNING - Report by Representative
A. 7:15 p.m. . Public Hearing for Disposition of Surplus Real Estate - Church Road (Att.-
#6A Planning Director's memorandum)
B. 7:30 p.m. - Public Hearing for consideration of request to vacate right-of-way - Maple
Avenue (Att.-#6B Planning Director's memorandum)
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CITY COUNCIL AGENDA - July 8, 2002
PAGE20F2
C. Comprehensive Plan Amendment, Zoning District Amendment, Conditional Use Permits,
and Final Plat - Shore wood Village Shopping Center (Att. #6C Draft Ordinance, Draft
Resolution)
D. Setback Variance (Att.-#6D Draft Resolution)
Applicant:
Location:
James Quandt
22425 Murray Street
E. Setback Variance (Att.-#6E Draft Resolution)
Applicant:
Location:
Mark and Kathy Simanek
25625 Wild Rose Lane
7. GENERAL
8. ENGINEERINGIPUBLIC WORKS
A. Authorize Mayor and City Administrator to Enter into an Agreement with MnDOT for
Freeman Park Parking Lot Improvements (Att-#8A Public Works Director's
memorandum, Resolution)
B. Authorizing Expenditure of Funds for Glen Road Drainage Repairs (Att.-#8B Public
Works Director's memorandum)
C. South Concession Operation at Freeman Park (Att.-#8C Administrator's memorandum)
9. REPORTS
A. Administrator & Staff
1. Gideon Glen
2. County Road 19 Intersection
3. Christmas Lake Road Sewer (Metropolitan Council Project)
B. Mayor & City Council
10. ADJOURN
CITY OF SHOREWOOD
REGULAR COUNCIL MEETING
July 8, 2002
PUBLIC SIGN-IN SHEET
For the record, please print your name and address below. Thank you.
Name
Address
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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
Executive Summary
Shorewood City Council Regular Meeting
Monday, 8 July 2002
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The Liquor Committee will meet at 6:00 p.m. this evening
Agenda Item #3A: Enclosed is the Verified Claims List for Council approval.
Agenda Item #3B: The Lake Minnetonka Conservation District (LMCD) Board has adopted
its 2003 Budget. Unless Council wishes that the LMCD hold a public hearing regarding
its 2003 Budget, staff recommends that the Council accept the 2003 Budget of the
LMCD.
f.r
Agenda Item #6A: The City Council agreed at its 10 June meeting to hold a public hearing to
consider selling excess City property on the east side of Church Road to John Pastuck.
He proposes to combine the land with his property to the east to create four single-family
residential lots. An issue was raised at the 10 June meeting as to whether the property
should be considered for conservation open space. Staff expresses skepticism as to the
quality of this site for open space and suggests that more suitable open space or
conservation easements could be purchased with the proceeds from the sale. The City
Assessor has been asked to comment as to whether $27,787 is a fair price for the land in
today's market. Per Council direction, staff has sent notices to area residents regarding
the public hearing.
Agenda Item #6B: Part of the Shorewood Village Center proposal (CUB Foods), the
developer has requested the vacation of the easterly 50 feet of Maple Street. The right-
of-way is not used or planned for use as a street. The developer has agreed to construct a
fire department approved turn-around at the end of the current dead end street. Approval
of the vacation requires a simple majority vote by the Council.
Agenda Item #6C: Enclosed are the formal documents for the Shorewood Village Shopping
Center (CUB Foods) proposal, including a resolution approving the comprehensive plan
amendment, conditional use permits, site plan review, preliminary and final plat. The
resolution adopts by reference the Findings of Fact prepared by the Planning Commission
and includes a development agreement for the project. An ordinance amendment
ft
~~ PRINTED ON RECYCLED PAPER
Executive Summary - City Council Meeting of 8 July 2002
Page 2 of2
changing the zoning of the Koehnen property from R-IC to C-3 is also enclosed.
Approvals are subject to the review and approval of the Minnehaha Creek Watershed
District and the Metropolitan Council. Approval of both the resolution and the ordinance
require a four-fifths vote by the City Council.
Agenda Item #6D: At its 10 June meeting the City Council directed staff to prepare a
resolution approving a setback variance for James Quandt at 22425 Murray Street. The
enclosed resolution requires a simple majority vote.
Agenda Item #6E: At its 10 June meeting the City Council directed staff to prepare a
resolution approving a setback variance for Mark and Kathy Simanek at 25625 Wild
Rose Lane. The enclosed resolution requires a simple majority vote.
Agenda Item #8A: Staff has been working with the Minnesota Department of Transportation
(MNIDOT) to complete the cooperative agreement for the Freeman Park access closure
to Trunk Highway 7 (TH 7), and construction of a parking lot at the south end of
Freeman Park. As compensation for the access closure of the park, MNIDOT will pay
the City of Shorewood NlDot amounts to $75,600. The estimated construction cost for
the project is $169,000. The remainders of the funds are recommended to come from the
Local Roadway fund. Staff is recommending approval of the resolution which authorizes
the Mayor and City Administrator to enter into the cooperative agreement with
MNIDOT.
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Agenda Item #8B: For the second time in two months, the Public Works Department has
been called to Jim and Diane Buranen's residence located at 24735 Glen Road to clear an
obstruction in the drainage system which serves this property.
It is anticipated that Staff will present a quote for the placement of a manhole structure in
Glen Road and repairs to the existing pipe at Monday's meeting. If obtained in time and
found to be in order, Staff will be seeking authorization for expenditure of funds from the .
stormwater management fund for said improvements.
In addition, a letter of petition has been received from Jim and Diane Buranen, property
owners of 24735 Glen Road. This letter is requesting that the City of Shorewood install a
"permanent fix" for the drainage system. This will be discussed in greater detail at the
City Council meeting.
Agenda Item #8C: At its June 24 meeting, the City Council requested information regarding
the operations by South Tonka Little League at the south concession building in Freeman
Park. The attached staff report outlines the history of the building. City Attorney Tim
Keane has reviewed the situation and recommends the preparation of an agreement with
South Tonka Little League.
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CITY OF SHOREWOOD
CITY COUNCIL REGULAR MEETING
MONDAY, JUNE 24, 2002
5755 COUNTRY CLUB ROAD
COUNCIL CHAMBERS
7:00 P.M.
MINUTES
DRAFT
1. CONVENE CITY COUNCIL MEETING
Mayor Love called the meeting to order at 7:00 P.M.
A.
Roll Call
Present:
Mayor Love; Councilmembers Garfunkel, Lizee, Turgeon, and Zerby; Administrator
Dawson; Attorney Keane; Engineer Brown, and Finance Director Burton
Absent:
Planning Director Nielsen
B.
Review Agenda
Mayor Love reviewed the Agenda, noting Staff had requested Item 8B, Christmas Lake Road Parking
Permit Request, be added to the Agenda for this evening.
Lizee moved, Zerby seconded, Approving the Agenda as presented. Motion passed 5/0.
2. APPROVAL OF MINUTES
A. City Council Special Meeting Minutes, June 10,2002
Zerby moved, Turgeon seconded, Approving the City Council Special Meeting Minutes of June 10,
2002, as presented. Motion passed 5/0.
B. City Council Regular Meeting Minutes, June 10, 2002
Garfunkel moved, Lizee seconded, Approving the City Council Regular Meeting Minutes of June
10, 2002, as presented. Motion passed 5/0.
3. CONSENT AGENDA
Garfunkel moved, Zerby seconded, Approving the Motions Contained on the Consent
Agenda and Adopting the Resolutions Therein:
A. Approval of the Verified Claims List
B. Adopting RESOLUTION NO. 02-054, "A Resolution Approving the Appointment of
an Election Clerk for the 2002 Primary and General Elections."
C. Authorize Termination of the City's Membership with the Local Government
Information Systems (LOG IS) Group
D. Adopting RESOLUTION NO. 02-055, "A Resolution Accepting Bids and Awarding
Contract for 2002 Bituminous Seal Coat Project."
E. Adopting RESOLUTION NO. 02-056. "A Resolution Accepting Quote and
Authorization of Expenditure of Funds for Seal Coat Rock."
Motion passed 5/0.
4t~fI
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REGULAR CITY COUNCIL MEETING MINUTES
JUNE 24, 2002
Page 2 of 4
4
4. MATTERS FROM THE FLOOR
Tom Schneider, 5000 Suburban Drive, speaking on behalf of approximately ten neighbors in that area,
stated there was a problem with barking dogs in his neighborhood. He stated the police had been
contacted on several occasions without remedy, as the law was very specific with regard to the amount of
barking the dogs were doing prior to being in violation. He was present this evening to find out what
could be done to remedy the situation.
Administrator Dawson stated quantification of barking was difficult in this situation and noted the police
could be contacted to explore ways to strengthen the ordinance. He stated this would not solve the
immediate concern, as this process would take time to change.
Mayor Love questioned Mr. Schneider if concerned neighbors had contacted the owner. Mr. Schneider
stated this was difficult due to a poor relationship with the owner. Mayor Love stated the most solid and
long-lasting solution, in situations such as this one, involved discussion with the owner and other
neighbors. While the City could and would review the ordinance, he explained, to handle this situation
through ordinance often could exacerbate the difficult relationship further. Mayor Love asked Staff to
report back on the ordinance at a later meeting. Councilmember Zerby suggested contacting Chief Litsey
to determine difficulties with enforcement.
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Linda Murrell, Shorewood resident and executive director of the Excelsior Area Chamber of Commerce,
reminded all present of the upcoming Fourth of July celebration, noting the Minnesota Orchestra would
play at 8:30 P.M. She stated she was present to ask for contributions from the public for the public
fireworks event. In addition, she reminded and encouraged people to leave all sparklers and new legal
non-aerial fireworks at home that evening for safety reasons. In the event it would rain, she noted
fireworks would be displayed July 5, 2002, and alJ other Fourth of July events would be cancelled.
Mayor Love thanked her for the valuable community contributions made as part of this Fourth of July
celebration.
5. PARKS
A.
Report on Park Commission Meeting Held June 11, 2002
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Commissioner Palesch reported on matters considered and actions taken at the June 11, 2002, Park
Commission Meeting.
Councilmember Turgeon questioned Engineer Brown regarding the implications from the Hennepin
County Health Department regulations regarding various concession foods and the impact these
regulations would have on the concession stand run by South Tonka Little League at Freeman Park.
Engineer Brown stated the regulations would apply uniformly, and he was uncertain whether the South
Tonka Little League Concession Stand had been licensed by the Health Department. Attorney Keane
stated various operations agreements would need to be in place with regard to liability for third party
operation of the stand.
6. PLANNING
While there had not been a meeting of the Planning Commission since the most recent Regular City
Council meeting, Commission Gagne addressed the Council. He stated, with regard to the development
agreement for the recently approved Comprehensive Plan Amendment for the Shorewood Village
Shopping Center, the Planning Commission had requested the pedestrian trail and trees for neighbors to
the site along Lake Linden Drive would be constructed and planted as soon as possible.
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REGULAR CITY COUNCIL MEETING MINUTES
JUNE 24, 2002
Page 3 of 4
Mayor Love stated he appreciated the efforts of the Planning Commission in this matter, and would ask
Staff to follow through on this issue in the development agreement.
7. GENERAL
A. Requests from Residents Regarding Goose Control
Administrator Dawson explained that the City had two requests from residents for goose control: one at
Manor Park, and a second on private property along Christmas Lake. He reviewed the history of the
City's actions regarding this matter, noting Council would need to determine whether the City or
residents would need to pay for collection and removal of the geese as part of a program offered by Dr.
Jim Cooper, of the Minnesota Department of Natural Resources.
Administrator Dawson explained the cost of the removal program was approximately $1000 dollars per
site per year for three consecutive years, as the migratory pattern of the geese would necessitate their
return over that time period. He then noted the use of landscaping and lakescaping as a deterrent, and
also other cities' participation with the program.
Greg Frankenfield, 5750 Merry Lane, and Jim Bruce, 5755 Merry Lane, were in attendance this evening.
Mr. Frankenfield addressed the Council stating there were approximately 15-40 geese on his property in
the season. He had tried the use of landscape barriers, but the geese were able to get through the
landscaped hedge. He stated this also just seemed to move the problem to another property nearby. He
stated, if the City would not fund the program, he would like permission to be able to utilize the program
on his private property.
Mayor Love encouraged consideration for addressing this issue through the Lake Association for that
area. Council came to a consensus for allowing private property owners to deal with the geese. Mayor
Love also suggested the City facilitate speakers regarding lakescaping as a long-term solution for the
problem in the area.
B. Future of Land Conservation and Environment Committee (LCEC)
Garfunkel moved, Lizee seconded, Extending the Land Conservation and Environment Committee
sunset date to August 31, 2002, and for purposes thereafter, to create an ad hoc committee
consisting of one Planning Commissioner, one Park Commissioner, and one member of the City
Council. Motion passed 5/0.
8. ENGINEERINGIPUBLIC WORKS
A. Request for "No Parking" signs - Gideon Woods Townhome Association
Engineer Brown reviewed the, request by Ms. Nancy Clegg, speaking on behalf of the Gideon Woods
Townhome Association, at the June 10,2002, Regular City Council meeting regarding concern for the
number of vehicles parking and loitering at the comer of Glen Road and County Road 19. At that
meeting, Director Nielsen stated the City Code required a 30-foot sight triangle to be free from structures
or plantings in excess of 30 inches in height, as within this triangle they would create an obstruction for
motorists making turning movements. Staff had investigated and reviewed this issue in the Glen Road.
Findings show mature trees located on the comer of the property already obstruct the sight triangle.
Whether vehicles park in the shoulder area or not would be immaterial to the sight distance, unless the
mature trees were removed. With regard to these findings, the Engineering Department reviewed the site
and recommended the shoulder area along Glen Road remain undesignated with regard to parking
restrictions. There were no additional comments by Council on this matter.
REGULAR CITY COUNCIL MEETING MINUTES
JUNE 24, 2002
Page 4 of 4
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C. Christmas Lake Road Parking Permit Request
Engineer Brown explained Jeff Ripley of Streeter and Associates had submitted a request for a Parking
Permit to cover the No Parking signs in front of 5980 Christmas Lake Road. His firm was planning a
remodeling project and since additional room for parking was needed on the roadway, he was requesting
2-3 bags to cover the current No Parking signs in place currently. Staff contacted the South Lake
Minnetonka Police Department (SLMPD) and the Excelsior Fire District for a recommendation on this
matter. The SLMPD required safe passage of the roadway be maintained at all times in order for school
buses, fire trucks, and other emergency vehicles to pass. The Fire Marshal was recommending denial of
the request, as he did not believe vehicles would be able to adequately park off the roadway in order to
allow emergency vehicles through the area. There were no additional questions or comments from the
Council.
Turgeon moved, Lizee seconded, to deny a request for Parking Permit on Christmas Lake Road.
Motion passed 5/0.
9.
REPORTS
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A. Administrator & Staff
1. Gideon Glen
2. County Road 19 Intersection
Administrator Dawson stated slow and steady progress continued on both these items, and more
information would be made available at the Council Work Session meeting later this evening.
B. Mayor & City Council
Councilmembers Garfunkel and Zerby would be the liaisons for the Planning Commission and Park
Commission, respectively, for the remainder of the year.
10. ADJOURN
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Turgeon moved, Zerby seconded, adjourning the Regular City Council Meeting of June 24, 2002, at
7 :44 P.M. Motion passed 5/0.
RESPECTFULLY SUBMITTED,
Sally Keefe,
Recording Secretary
Woody Love, Mayor
ATTEST:
Craig W. Dawson, City Administrator
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CITY OF SHOREWOOD
CITY COUNCIL WORK SESSION MEETING
MONDAY, JUNE 24, 2002
5755 COUNTRY CLUB ROAD
COUNCIL CHAMBERS
8:00 P.M. or immediately following
EDA meeting
MINUTES
\) Rf\f't
1.
CONVENE CITY COUNCIL WORK SESSION MEETING
Mayor Love called the meeting to order at 8: 15 P.M.
A.
Roll Call
Present:
Mayor Love; Councilmembers Garfunkel, Lizee, Turgeon, and Zerby; Administrator
Dawson; Attorney Keane (departed 8:20 P.M.), Engineer Brown, and Finance Director
Burton
Absent:
Planning Director Nielsen
B. Review Agenda
Mayor Love reviewed the Agenda for the meeting, and without objection from Council, moved forward
to Item 2.
2. PRE-BUDGET GOALS DISCUSSION
Administrator Dawson stated the City's budget process was beginning for preparation of the 2003
Annual Budget. As part of this process, he noted, it was valuable to include important matters for
consideration in the development of the budget. He reviewed the budget schedule, also noting levy
limits, state revenue shortfalls, new laws on funding roadways, the City auditor's recommendations, and
various areas City staff identified as being important for inclusion within the budget. Administrator
Dawson also reported on the progress on the 2002 Goals and Priorities for Council.
Council encouraged exploration of options for the addition of a full-time position to be potentially shared
with the City of Excelsior in bringing the City's utility maintenance "in house." Additionally, Council
suggested options for consideration of an additional staff person in the finance department. Mayor Love
requested clarification on. the building improvements for City Hall. With regard to entry monuments to
the City, Councilmember Turgeon stated she would like to see a final summary of the Community
Visioning project prior to their being considered for budget preparation. Councilmember Zerby
suggested the purchase of additional 800 megahertz base units for the radio system for use at the Public
Works Department and City Hall. Also, he asked that additional data communication technology be
explored for the upcoming budget. Council also indicated support for replacement of the existing well
house in the Badger area of the City, and additional water capacity for the southeast area water system.
3. UPDA TES/GENERAL DISCUSSION
With regard to the County Road 19 project, progress was noted in that Hennepin County stated the
project was anticipated to be underway this year. Discussions ensued regarding the fate of the Tonka
Bay Liquor Store operations as part of this project.
"4f:- J. 8
CITY COUNCIL WORK SESSION MEETING MINUTES
June 24, 2002
Page 2 of2
With regard to Smithtown Road project, Engineer Brown stated he was finalizing drainage issues of
concern with WSB and Associates. Upon completion and resolution of these drainage and access issues,
easements would be sought in order for the project to move forward smoothly.
Engineer Brown also noted the firefighting training for confined space rescue taking place in various
parts of the City in the past weeks. He stated this training was taking place to allow certification of new
standards for the firefighters within the Excelsior Fire District. He thanked the firefighters for their
immense investment of personnel time and dedication with regard to their training.
4. ADJOURN
Zerby moved, Lizee seconded, adjourning the Work Session Meeting of June 24, 2002, at 9:08 P.M.
Motion passed 5/0.
RESPECTFULLY SUBMITTED,
Sally Keefe,
Recording Secretary
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ATTEST:
Woody Love, Mayor
Craig W. Dawson, City Administrator
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PAYROLL APPROVALS
For 7/08/02 Council Meeting
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Prepared by{31i.e1Im-~ 177 Clk
Catherine EIke, r. Accountant
Reviewed by: ~
Bonnie Burta
son, City Administrator
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Date: 7- 3--0;;2.
Date: ~Jo2.--
Date: (}1ti?~z,
#3A
Payroll Register
Check # Last Name First Name MI Check Amt Check Date
1623 BAILEY BOYD C 1,110.07 7/2/02
1624 BURTON BONNIE M 1,768.99 7/2/02
1625 DA VIS CHARLES S 1,046.25 7/2/02
1626 EISCHENS JAMES E 801.17 712/02
1627 ELKE CATHERINE M 752.10 7/2102
1628 FASCHING PATRICIA L 770.40 7/2/02
1629 GROUT TWILA R 766.12 7/2/02
1630 HIRSCH DANA M 204.60 7/2/02
1631 JOHNSON DENNIS D 1,160.00 7/2/02
1632 LUGOWSKI JOSEPH P 980.53 712/02
1633 MASON BRADLEY J 1,031.82 7/2102
1634 MOORE JULIE K 527.93 712/02
1635 MOTTER BROOKE A 473.74 7/2/02
1636 NIELSEN BRADLEY J 933.57 712/02 .
1637 PANCHYSHY JEAN M 1,078.12 712/02
1638 PAZANDAK JOSEPH E 1,416.91 7/2102
1639 RANDALL DANIEL J 1,183.36 712/02
1640 SCHMID CHRISTOPHER E 645.69 7/2/02
1641 SCHNEEWIN JACQUELYN K 187.71 712/02
1642 STARK BRUCE H 985.62 7/2/02
1643 SWANDBY DONALD R 1,202.40 7/2/02
1644 TOWER TERRY R 946.13 7/2102
217340 ARNST CATHRYN E 150.56 7/2/02
217341 BAILEY STEPHEN J 62.65 7/2/02
217342 BAKER RICHARD M 82.78 7/2/02
217343 BROWN LAWRENCE A 1,864.12 7/2/02
217344 CARLSON ERIK M 729.74 7/2102 .
217345 CURTIS JOHN N 27.05 7/2/02
217346 DAWSON CRAIG W 1,649.14 7/2/02
217347 DUFFY DAVID C 109.72 712/02
217348 FIELD DALE F 440.52 7/2102
217349 GRAHN SUZANNE M 55.87 7/2102
217350 HELGESEN PATRICIA R 1,278.24 7/2102
217351 HESSE ONA C 55.84 7/2/02
217352 KLEIN JENNIFER S 297.53 712/02
217353 LATTERNER SUSAN M 329.06 7/2/02
217354 MARRON RUSSELL R 41.72 7/2102
217355 MELCHER THOMAS J 132.63 712/02
217356 MOEDE PETER R 275.61 7/2102
217357 OLIVEIRA CHRISTOPHER L 239.34 712/02
217358 PARENT MICHELLE L 253.58 7/2/02
Wednesday, July 03, 2002
Page 1 of2
Check # Last Name First Name MI Check Amt Check Date
217359 PLATHE CRAIG V 86.37 7/2102
217360 THURSTON DOROTHY M 259.63 7/2/02
217361 WYATT NATASHA L 70.06 712/02
Total of Checks $28,464.99
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Wednesday, July 03, 2002
Page 2 of2
PAYABLESAPPROVALS
For 7/08/02 Council Meeting
17 ,--1 _ c/!1 [II 1,
Prepared by: ( ::tTJli!7Aj;np /l II ( C06~
Catherine Elke, Sr. Accountant
.~ ~.fL /J
Reviewed by: ~ ~
Bonnie Burton, Finane
Date: "7- 3-0(;;'
Date: 7f/02-
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Date: ~t 03,o"{,. .
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Check Approval Listfor 7/08/02 Council Meeting
33116
Check # Vender Name
6/25/02
33117
33118
33118
33118
33118
33118
33118
33118
33119
33119
33119
.
33120
33121
33121
33121
33121
33122
33122
33122
33122
33122
33123
.
33124
33124
33124
33124
33124
33124
33125
33125
33125
33126
33127
33127
33128
33128
33128
Description
Check Date Invoice #
US POSTMASTER PSTG FOR JULY NEWSLETTER
TOTAL FOR US POSTMASTER
ADAM'S PEST CONTRO QTRL Y SVC 6/27/02 56640
TOTAL FOR ADAM'S PEST CONTROL, INC
ARCTIC GLACIER INC 6/27/02 MB216510
ARCTIC GLACIER INC 6/27/02 MB216609
ARCTIC GLACIER INC 6/27/02 MB216811
ARCTIC GLACIER INC 6/27/02 MB216817
ARCTIC GLACIER INC 6/27/02 MB216819
ARCTIC GLACIER INC 6/27/02 MB217210
ARCTIC GLACIER INC 6/27/02 MB217310
TOTAL FOR ARCTIC GLACIER INC
AT&T WIRELESS SERV
AT&T WIRELESS SERV
AT&T WIRELESS SERV
TOTAL FOR AT&T WIRELESS SERVICES
BURTON, BONNIE GFOA EXP/MILEAGE EXP
TOTAL FOR BURTON, BONNIE
ELKE, CATHERINE JUNE MILEAGE/CASH REG FOR CO
ELKE, CATHERINE JUNE MILEAGE/CASH REG FOR CO
ELKE, CATHERINE JUNE MILEAGE/CASH REG FOR CO
ELKE, CATHERINE JUNE MILEAGE/CASH REG FOR CO
TOTAL FOR ELKE, CATHERINE
G & K SERVICES
G & K SERVICES
G & K SERVICES
G & K SERVICES
G & K SERVICES
TOTAL FOR G & K SERVICES
LOCAL LINK USA BUSI INTERNET SVC 6/27/02 952204663-0
TOTAL FOR LOCAL UNK USA BUSINESS SERVIC
MARLIN'S TRUCKING 6/27/02 11106/11137
MARLIN'S TRUCKING 6/27/02 11106/11137
MARLIN'S TRUCKING 6/27/02 11107/11138
MARLIN'S TRUCKING 6/27/02 11107/11138
MARLIN'S TRUCKING 6/27/02 11108/11139
MARLIN'S TRUCKING 6/27/02 11108/11139
TOTAL FOR MARUN'S TRUCKING
MIDWEST COCA-COLA 6/27/02 62926066
MIDWEST COCA-COLA 6/27/02 63207100
MIDWEST COCA-COLA 6/27/02 63207142
TOTAL FOR MIDWEST COCA-COLA BOTTLIN
MINN NCPERS GROUP JULY PREMIUM 6/27/02
TOTAL FOR MINN NCPERS GROUP LIFE INS
MN SUN PUBLICATION ORDINANCE 386 6/27102 516766
MN SUN PUBLICATION ORDINANCE 387 6/27/02 516768
TOTAL FOR MN SUN PUBIJCATIONS
PRUDENTIAL INS CO 0 JULY LIFE PREMIUMS
PRUDENTIAL INS CO 0 JULY LIFE PREMIUMS
PRUDENTIAL INS CO 0 JULY LIFE PREMIUMS
6/27/02 2893733-061
6/27/02 4160966-061
6/27/02 4160966-061
6/27/02
6/27/02
6/27/02
6/27/02
6/27/02
6/27/02 199924
6/27/02 206867
6/27/02 213810
6/27/02 220674
6/27/02 227645
6/27/02
6/27/02
6/27/02
Wedlle~da.~,:j,IlYiJj;io02
Amount
$735.68
$735.68
$63.78
$63.78
$62.40
$57.36
$104.40
$27.60
$15.00
$58.32
$30.60
$355.68
$11.38
$92.81
$41 .23
$145.42
$27.78
$27.78
$3.60
$5.85
$24.46
$264.63
$298.54
$129.35
$98.25
$130.75
$101.96
$127.96
$588.27
$87.95
$87.95
$61.65
$61.65
$75.60
$75.60
$39.60
$39.60
$353.70
$91.85
$242.44
$135.44
$469.73
$12.00
$12.00
$60.77
$89.37
$150.14
$4.60
$75.35
$4.55
": "" '..,..,......,..'.'.'"
".'".'___''' ..........0_'.,..,..",.,......
Page 1 018
Check # Vender Name Description Check Date Invoice # Amount
33128 PRUDENTIAL INS CO 0 JULY LIFE PREMIUMS 6/27/02 $4.55
33128 PRUDENTIAL INS CO 0 JULY LIFE PREMIUMS 6/27/02 $2.60
33128 PRUDENTIAL INS CO 0 JULY LIFE PREMIUMS 6/27/02 $48.75
TOTAL FOR PRUDENTIAL INS CO OF AMERICA $140.40
33129 QUALITY WINE & SPIRI 6/27/02 128552-00 ($75.46)
33129 QUALITY WINE & SPIRI 6/27/02 137733-00 $89.10
33129 QUALITY WINE & SPIRI 6/27/02 137733-00 $768.13
33129 QUALITY WINE & SPIRI 6/27/02 137767-00 $531.37
33129 QUALITY WINE & SPIRI 6/27/02 137767-00 $562.47
33129 QUALITY WINE & SPIRI 6/27/02 137788-00 $395.75
33129 QUALITY WINE & SPIRI 6/27/02 137789-00 $118.75
TOTAL FOR QUALITY WINE & SPIRITS CO $2,390.I1
33130 QWEST DEX 6/27/02 01151059700 $5.50
33130 QWEST DEX 6/27/02 01151059800 $197.70
TOTAL FOR QWEST DEX $203.20
33131 QWEST 6/27/02 $51.57
TOTAL FOR QWEST $51.57
33132 ROGERS, DON DELIVER COUNCIL PKTS 6/27/02 $125.00
TOTAL FOR ROGERS, DON $125.00 .
33133 SUN PATRIOT NEWSP ORDINANCE 386 6/27/02 208 $40.00
33133 SUN PATRIOT NEWSP ORDINANCE 387 6/27/02 209 $72.00
TOTAL FOR SUN PATRIOT NEWSPAPERS INC $I12.00
33134 TONKA BAY-CITY OF 2ND QTR CRESENT BEACH EXP 6/27/02 $154.58
33134 TONKA BAY-CITY OF JULY RENT 6/27/02 $1,175.00
TOTAL FOR TONKA BAY-CITY OF $1,329.58
33135 TOWLE REAL ESTATE JULY RENT 6/27/02 $4,825.44
TOTAL FOR TOWLE REAL ESTATE COMPANY $4,825.44
33136 WATERFORD CENTER JULY RENT 6/27/02 0702F $4,806.94
TOTAL FOR WATERFORD CENTER $4,806.94
33137 US POSTMASTER SEALCOAT MAILING 6/28/02 $72.09
TOTAL FOR US POSTMASTER $72.09
33138 AFSCME COUNCIL 14 JULY UNION DUES 7/3/02 $189.35
TOTAL FOR AFSCME COUNCIL 14 $189.35 .
33139 ANCHOR PAPER COMP 7/3/02 139212301 $102.52
33139 ANCHOR PAPER COMP 7/3/02 139273201 $310.65
TOTAL FOR ANCHOR PAPER COMPANY $413.17
33140 ARCTIC GLACIER INC 7/3/02 MB217307 $38.88
33140 ARCTIC GLACIER INC 7/3/02 MB217308 $45.00
33140 ARCTIC GLACIER INC 7/3102 MB217509 $153.60
33140 ARCTIC GLACIER INC 7/3/02 MB217609 $45.00
33140 ARCTIC GLACIER INC 7/3102 MB217610 $80.40
33140 ARCTIC GLACIER INC 7/3102 MB218009 $79.76
TOTAL FOR ARCTIC GLACIER INC $442.64
33141 BERRY COFFEE CO 7/3/02 292330 $22.00
33141 BERRY COFFEE CO 7/3/02 292331 $22.00
TOTAL FOR BERRY COFFEE CO $44.00
33142 BIFFS, INC. RENTALS 7/3/02 W161321-32 $725.80
TOTAL FOR BIFFS, INC. $725.80
33143 CHAMPION AMERICA I MARKING FLAGS FOR LOCATES 7/3102 R108974-01 $77.35
TOTAL FOR CHAMPION AMERICA INC $77.35
33144 EAST SIDE BEVERAGE 7/3/02 252777 $19.60
Wednesday,
Check # Vender Name
33144
33144
33144
33145
33145
33145
33146
33146
33147
33148
.
33149
33149
33149
33150
33150
33150
33151
33152
33153
33153
33154
.
33155
33156
33156
33157
33158
33158
33158
33158
33158
33158
33158
33158
33159
33160
EAST SIDE BEVERAGE 7/3/02 2527n
EAST SIDE BEVERAGE 7/3/02 252778
EAST SIDE BEVERAGE 7/3/02 252778
TOTAL FOR EAST SIDE BEVERAGE COMPAN
HERMEL WHOLESALE 7/3/02 360041
HERMEL WHOLESALE 7/3/02 360043
HERMEL WHOLESALE 7/3/02 360044
TOTAL FOR HERMEL WHOLESALE
HOPKINS PARTS COM GLASS CLEANER
HOPKINS PARTS COM OIL FILTERS
TOTAL FOR HOPKINS PARTS COMPANY
HYDRO TECH SERVICE SE WELL PCWPIPING
TOTAL FOR HYDRO TECH SERVICE
ICMA RETIREMENT TR 07/02/02 PAYROLL DEDUCTIONS 7/3/02 302131-0702
TOTAL FOR ICMA RETIREMENTTRUST.457
JUNE STMT 7/3/02
JUNE STMT 7/3/02
JUNE STMT 7/3/02
TOTAL FOR KEEFE, SALLY
MARRON, RUSSELL MILEAGE 6/3 - 6/28/02
MARRON, RUSSELL MILEAGE 6/3 . 6/28/02
MARRON, RUSSELL MILEAGE 6/3 - 6/28/02
TOTAL FOR MARRON, RUSSELL
MIDWEST COCA-COLA 7/3/02 63212134
TOTAL FOR MIDWEST COCA-COlA BOT1'LIN
MN CHILD SUPPORT P CHILD SUPPORT - C SCHMID 7/3/02
TOTAL FOR MN CHILD SUPPORT PMT CTR
MN SUN PUBLICATION FREEMAN PK BIDS 7/3/02 518416
MN SUN PUBLICATION 2001 DRINKING WATER REPORT 7/3/02 519143
TOTAL FOR MN SUN PUBUCATlONS
MTJ DISTRIBUTING CO GEAR/PINION SET 7/3/02 133366-01
TOTAL FOR MTI DlSTRIBUl1NG COMPANY
PAZANDAK, JOSEPH MILEAGE 6/17 - 6/28 7/3/02
TOTAL FOR PAZANDAK, JOSEPH
7/2/02 PAYROLL DEDUCTIONS
7/2/02 PAYROLL DEDUCTIONS
TOTAL FOR PERA
PITNEY-BOWES INC. TAPE SHEETS
TOTAL FOR PITNEY-BOWES ING.
QUALITY WINE & SPIRI
QUALITY WINE & SPIRI
QUALITY WINE & SPIRI
QUALITY WINE & SPIRI
QUALITY WINE & SPIRI
QUALITY WINE & SPIRI
QUALITY WINE & SPIRI
QUALITY WINE & SPIRI
TOTAL FOR QUAUTY WINE & SPIRITS CO
Description
KEEFE, SALLY
KEEFE, SALLY
KEEFE, SALLY
PERA
PERA
QWEST DEX
TOTAL FOR QWEST DEX
SWANDBY, DONALD JUNE MILEAGE/CELL
Check Date Invoice #
7/3/02 80496
7/3/02 82482
7/3/02 314
7/3/02
7/3/02
7/3/02
7/3/02
7/3/02
7/3/02 329042
7/3/02 13n34-00
7/3/02 13n34-00
7/3/02 13n35-00
7/3/02 13n90-00
7/3/02 137957-00
7/3/02 140433-00
7/3/02 140435-00
7/3/02 140435-00
7/3/02 01151060100
7/3/02
Amollnt
$1,782.70
$1,682.80
$9.80
$3,494.90
$329.60
$791.04
$1,265.96
$2,386.60
$25.18
$35.30
$60.48
$2,700.00
$2,700.00
$824.28
$824.28
$150.00
$405.00
$150.00
$705.00
$6.68
$6.68
$6.68
$20.04
$170.46
$170.46
$173.51
$173.51
$134.06
$414.70
$548.76
$457.04
$457.04
$113.15
$113.15
$2,283.59
$2,106.04
$4,389.63
$127.19
$127.19
$840.51
$2,568.23
$407.84
$79.15
$7.15
$1,017.12
$201.99
$805.52
$5,927.51
$79.30
$79.30
$13.33
'.~;'...^.^:,..;-,...-'--'. ,~
Page 3 018
Check # Vender Name Description Check Date Invoice # Amount
33160 SWANDBY, DONALD JUNE MILEAGE/CELL 7/3/02 $13.33
33160 SWANDBY, DONALD JUNE MILEAGE/CELL 7/3/02 $13.33
33160 SWANDBY. DONALD JUNE MILEAGE/CELL 7/3/02 $32.12
33160 SWANDBY, DONALD JUNE MILEAGE/CELL 7/3/02 $32.12
33160 SWANDBY, DONALD JUNE MILEAGE/CELL 7/3/02 $32.12
TOTAL FOR SWANDBY, DONALD $136.35
33161 THORPE DISTRIBUTIN 7/3/02 263847 $23.00
33161 THORPE DISTRIBUTIN 7/3/02 263847 $1,588.05
33161 THORPE DISTRIBUTIN 7/3/02 263969 $52.85
33161 THORPE DISTRIBUTIN 7/3/02 263969 $1,843.80
TOTAL FOR THORPE DISTRIBUTING COMPA $3,507.70
33162 TOTAL PRINTING SERV BLDG PERMIT FORMS 7/3/02 2294 $84.07
TOTAL FOR TOTAL PRINTING SERVICES $84.07
33163 VIKING LAND TREE CA HANGING LIMB REMOVAL-MTKA BL 7/3/02 24n $259.75
33163 VIKING LAND TREE CA CHIPPING OF TREE-EUREKA RD 7/3/02 2482 $175.00
TOTAL FOR VIKING LAND TREE CARE INC $434.75
33164 XCEL ENERGY 7/3/02 0145-009-26 $19.05
33164 XCEL ENERGY 7/3/02 0408-607-95 $79.64
33164 XCEL ENERGY 7/3/02 0615-308-36 $3.14 .
33164 XCEL ENERGY 7/3/02 06n-702-26 $598.34
33164 XCEL ENERGY 7/3/02 1285-101-66 $17.91
33164 XCEL ENERGY 7/3/02 1373-808-26 $8.09
33164 XCEL ENERGY 7/3/02 1440-708-46 $317.13
33164 XCEL ENERGY 7/3/02 1564-303-36 $8.16
33164 XCEL ENERGY 7/3/02 1605-305-56 $112.31
33164 XCEL ENERGY 7/3/02 1724-866-54 $90.06
33164 XCEL ENERGY 7/3/02 2001-503-26 $21.02
TOTAL FOR XCEL ENERGY $1,274.85
33165 ARCTIC GLACIER INC 7/9/02 MB217908 $83.40
33165 ARCTIC GLACIER INC 7/9/02 MB218011 $57.00
TOTAL FOR ARCTIC GLACIER INC $140.40
33166 BELLBOY BAR SUPPLY 7/9/02 3559nOO ($2.54)
33166 BELLBOY BAR SUPPLY 7/9/02 35699500 $15.60
33166 BELLBOY BAR SUPPLY 7/9/02 35699500 $74.10
33166 BELLBOY BAR SUPPLY 7/9/02 35699600 $65.93 .
33166 BELLBOY BAR SUPPLY 7/9/02 35740300 $12.49
33166 BELLBOY BAR SUPPLY 7/9/02 35740300 $34.38
TOTAL FOR BELLBOY BAR SUPPLY $199.96
33167 BELLBOY CORPORA TI 7/9/02 23985700 $342.00
33167 BELLBOY CORPORATI 7/9/02 23985800 $81.95
33167 BELLBOY CORPORA TI 7/9/02 23985900 $418.95
33167 BELLBOY CORPORATI 7/9/02 24007300 ($4.00)
33167 BELLBOY CORPORA TI 7/9/02 24007400 ($5.00)
33167 BELLBOY CORPORATI 7/9/02 24007500 ($4.00)
33167 BELLBOY CORPORA TI 7/9/02 24031500 $166.35
33167 BELLBOY CORPORA TI 7/9/02 24031600 $498.65
33167 BELLBOY CORPORA TI 7/9/02 24031700 $402.30
TOTAL FOR BELLBOY CORPORATION $1,897.20
33168 DAY DISTRIBUTING 7/9/02 180581 $18.40
33168 DAY DISTRIBUTING 7/9/02 180581 $785.90
33168 DAY DISTRIBUTING 7/9/02 180582 $1,294.35
33168 DAY DISTRIBUTING 7/9/02 180583 $925.75
33168 DAY DISTRIBUTING 7/9/02 180583 $19.20
m "",. _,_m" ...,.-..,'...........,-... "'. c'..." .. u:_. ,,,,,.,,,,,.,
,::. ..'"." .'m..._._m....'_'.,~^ ..._........."....,. ,""....._..,"........",_"""" ......-.,:. _ __,
Wedllesday, July 03, 2002
Check # Vender Name
Description
Check Date Invoice #
33168
33168
33168
33168
33169
33170
33171
33171
33171
33171
33171
33172
.
33173
33173
33173
33173
33173
33173
33173
33173
33173
33173
33173
33173
33173
33173
33173
33173
33173
.
33174
33176
33176
33176
33176
33176
33176
33176
33176
33176
33176
33176
33176
33176
33176
33176
33176
DAY DISTRIBUTING
DAY DISTRIBUTING
DAY DISTRIBUTING
DAY DISTRIBUTING
TOTAL FOR DAY DISTRIBUTING
DELL MARKETING L.P. FINANCE COMPUTER
TOTAL FOR DELL MARKETING L.P.
E-Z RECYCLING INC. JUNE SVC
TOTAL FOR E-Z RECYCLING INC.
EAST SIDE BEVERAGE 7/9/02 255022
EAST SIDE BEVERAGE 7/9/02 255789
EAST SIDE BEVERAGE 7/9/02 255789
EAST SIDE BEVERAGE 7/9/02 255790
EAST SIDE BEVERAGE 7/9/02 258082
TOTAL FOR EAST SIDE BEVERAGE COMPAN
ELECTRIC SERVICE C SVC CALL TB SIREN 7/9/02 118572
TOTAL FOR ELECTRIC SERVICE CO
GRIGGS, COOPER & C 7/9/02 556661
GRIGGS, COOPER & C 7/9/02 556662
GRIGGS, COOPER & C 7/9/02 556663
GRIGGS, COOPER & C 7/9/02 556854
GRIGGS, COOPER & C 7/9/02 556858
GRIGGS, COOPER & C 7/9/02 556865
GRIGGS, COOPER & C 7/9/02 559801
GRIGGS, COOPER & C 7/9/02 559803
GRIGGS, COOPER & C 7/9/02 559804
GRIGGS, COOPER & C 7/9/02 559992
GRIGGS, COOPER & C 7/9/02 559993
GRIGGS, COOPER & C 7/9/02 559994
GRIGGS, COOPER & C 7/9/02 559998
GRIGGS, COOPER & C 7/9/02 559999
GRIGGS, COOPER & C 7/9/02 560008
GRIGGS, COOPER & C 7/9/02 560009
GRIGGS, COOPER & C 7/9/02 560009
TOTAL FOR GRIGGS, COOPER & COMPANY
HENNEPIN COUNTY TR 2ND HALF ASSESSOR SVC-2002 7/9/02 CA2220
TOTAL FOR HENNEPIN COUNTY TREASURER
JOHNSON BROS L10U 7/9/02 1416796
JOHNSON BROS L10U 7/9/02 1416797
JOHNSON BROS L10U 7/9/02 1416797
JOHNSON BROS L10U 7/9/02 1416798
JOHNSON BROS L10U 7/9/02 1416799
JOHNSON BROS L10U 7/9/02 1416799
JOHNSON BROS L10U 7/9/02 1416804
JOHNSON BROS L10U 7/9/02 1416805
JOHNSON BROS L10U 7/9/02 1417516
JOHNSON BROS L10U 7/9/02 1417517
JOHNSON BROS L10U 7/9/02 1417518
JOHNSON BROS L10U 7/9/02 1419785
JOHNSON BROS L10U 7/9/02 1419786
JOHNSON BROS L10U 7/9/02 1419787
JOHNSON BROS L10U 7/9/02 1419788
JOHNSON BROS L10U 7/9/02 1419789
7/9/02 181457
7/9/02 181457
7/9/02 181458
7/9/02 181459
7/9/02 847850567
7/9/02 3908
Wednesday, July 03, 2002
Amount
$18.40
$609.38
$1,218.45
$965.35
$5,855.18
$1,055.43
$1,055.43
$5,973.00
$5,973.00
$2,218.10
$1,429.60
$19.60
$1,047.80
$1 ,426.20
$6,141.30
$357.08
$357.08
$1,228.96
$1,486.32
$730.38
$406.04
$126.53
$32.35
$658.20
$232.20
$438.00
$51.95
$500.58
. $608.07
$312.57
$567.18
$121.85
$113.45
$812.19
$8,426.82
$40,288.84
$40,288.84
$708.80
$148.70
$2,227.52
$1,017.77
$117.55
$3,151.14
$409.50
$1,351.32
$151.44
$151.44
$151.44
$197.99
$79.99
$79.99
$206.30
$131.55
Check # Vender Name Description Check Date Invoice # Amount
33176 JOHNSON BROS L1au 7/9/02 1419790 $693.05
33176 JOHNSON BROS L1au 7/9/02 1419791 $31.00
33176 JOHNSON BROS L1au 7/9/02 1419791 $350.84
33176 JOHNSON BROS L1au 7/9/02 1419796 $217.15
33176 JOHNSON BROS L1au 7/9/02 195965 ($6.03)
33176 JOHNSON BROS L1au 7/9/02 195966 ($10.00)
33176 JOHNSON BROS L1au 7/9/02 195967 ($9.10)
33176 JOHNSON BROS L1au 7/9/02 195968 ($3.47)
33176 JOHNSON BROS L1au 7/9/02 196789 ($12.00)
33176 JOHNSON BROS L1au 7/9/02 196790 ($11.20)
33176 JOHNSON BROS L1au 7/9/02 4149797 $319.66
TOTAL FOR JOHNSON BROS LIQUOR CO. $11,842.34
331n KAR PRODUCTS SHOP SUPPLIES 7/9/02 96210 $97.81
TOTAL FOR KAR PRODUCTS $97.81
33178 LARKIN, HOFFMAN, DA GENERAL MATTERS 7/9/02 409727 $1,750.00
33178 LARKIN, HOFFMAN, DA AUDIT RESPONSE 7/9/02 409728 $72.00
33178 LARKIN, HOFFMAN, DA PERSONNEL MATTERS 7/9/02 409729 $78.66
33178 LARKIN, HOFFMAN, DA PERSONNEL MATTERS 7/9/02 409729 $78.67
33178 LARKIN, HOFFMAN, DA PERSONNEL MATTERS 7/9/02 409729 $78.67 .
33178 LARKIN, HOFFMAN, DA HOWARDS PT MARINA 7/9/02 409730 $480.00
33178 LARKIN, HOFFMAN, DA ICO/ELLER 7/9/02 409730 $288.00
33178 LARKIN, HOFFMAN, DA EAGLE CREST 7/9/02 409730 $336.00
33178 LARKIN, HOFFMAN, DA APPLE RIDGE 7/9/02 409730 $64.00
33178 LARKIN, HOFFMAN, DA 5620 STAR LANE 7/9/02 409730 $112.00
33178 LARKIN, HOFFMAN, DA CONVERSION TO WARD SYSTEM 7/9/02 409731 $50.00
33178 LARKIN, HOFFMAN, DA RON JOHNSON ET AL V CITY ET AL 7/9/02 409732 $112.50
33178 LARKIN, HOFFMAN, DA TH 7/41 ROW CONDEMNATION 7/9/02 409734 $229.00
33178 LARKIN, HOFFMAN, DA PUBLIC SAFETY FACILITY 7/9/02 409736 $2,262.08
33178 LARKIN,HOFFMAN, DA CUB FOODS-SHOREWOOD VILLAG 7/9/02 409737 $795.00
33178 LARKIN, HOFFMAN, DA SMITHTOWN RD-STREET/TRAIL RO 7/9/02 410920 $200.00
TOTAL FOR LARKIN, HOFFMAN, DALY... $6,986.58
33179 LONG LAKE POWER E SPOOULlNE 7/9/02 35714 $15.96
TOTAL FOR LONG LAKE POWER EQUIPMENT $15.96
33180 MARK VII 7/9/02 422424 $736.45
33180 MARK VII 7/9/02 422426 $1,485.65 .
33180 MARK VII 7/9/02 422427 $77.75
33180 MARK VII 7/9/02 422428 $55.05
33180 MARK VII 7/9/02 422439 $1,080.35
33180 MARK VII 7/9/02 425072 $2,648.63
33180 MARK VII 7/9/02 425074 $1,987.10
33180 MARK VII 7/9/02 425075 $70.50
33180 MARK VII 7/9/02 425076 $22.00
33180 MARK VII 7/9/02 425077 $2,168.50
33180 MARK VII 7/9/02 425078 $12.80
33180 MARK VII 7/9/02 426360 $42.25
TOTAL FOR MARK VII $10,387.03
33181 MCES, YOUTH PROGR LIFEGUARD SVC PYMT 7/9/02 $1,115.10
TOTAL FOR MCES, YOUTH PROGRAMS $1,115.10
33182 MIDWEST COCA-COLA 7/9/02 63214106 $181.61
33182 MIDWEST COCA-COLA 7/9/02 63214114 $87.08
TOTAL FOR MIDWEST COCA-COLA BOTTLIN $268.69
33183 MINNEGASCO 7/9/02 $59.45
33183 MINNEGASCO 7/9/02 $80.29
{. - .' --..:..:-^
Wednesday, July 03, 2002
~
Check # Vender Name Description Check Date Invoice # Amount
33183 MINNEGASCO 7/9/02 $77 .51
33183 MINNEGASCO 7/9/02 $32.91
33183 MINNEGASCO 7/9/02 $66.73
33183 MINNEGASCO 7/9/02 $14.10
33183 MINNEGASCO 7/9/02 $12.97
33183 MINNEGASCO 7/9/02 $12.97
33183 MINNEGASCO 7/9/02 $12.97
33183 MINNEGASCO 7/9/02 $21.06
TOTAL FOR MINNEGASCO $390.96
33184 MTI DISTRIBUTING CO SPINDLE 7/9/02 145250-00 $120.53
TOTAL FOR MTI DISTRIBUTING COMPANY $120.53
33185 NATIONAL BUSINESS F FIRE-PROOF VERTICAL CABINET 7/9/02 YI3483-FIR $1,434.00
TOTAL FOR NATIONAL BUSINESS FURNITURE $1,434.00
33186 NEXTEL COMMUNICATI 7/9/02 062202 $38.28
33186 NEXTEL COMMUNICATI 7/9/02 062202 $38.27
TOTAL FOR NEXTEL COMMUNICATIONS $76.55
33187 NORTHERN WATER W MISC SUPPLIES 7/9/02 3117370 $505.59
TOTAL FOR NORTHERN WATER WORKS SUP $505.59
. 33188 OFFICE DEPOT 7/9/02 161208534-0 $151.96
33188 OFFICE DEPOT 7/9/02 161493080-0 $300.93
33188 OFFICE DEPOT 7/9/02 161656383-0 $22.68
33188 OFFICE DEPOT 7/9/02 161837570-0 $181.20
33188 OFFICE DEPOT 7/9/02 162131788-0 ($22.68)
TOTAL FOR OFFICE DEPOT $634.09
33189 ORONO, CITY OF JULY ANIMAL CONTROL 7/9/02 2166 $1,533.09
TOTAL FOR ORONO, CITY OF $1,533.09
33190 PAUSTIS WINE COMPA 7/9/02 191872 $591.00
TOTAL FOR PAUSTIS WINE COMPANY $591.00
33191 PHILLIPS WINE & SPIRI 7/9/02 843463 $60.00
33191 PHILLIPS WINE & SPIRI 7/9/02 843463 $244.25
33191 PHILLIPS WINE & SPIRI 7/9/02 843464 $60.00
33191 PHILLIPS WINE & SPIRI 7/9/02 843464 $403.70
33191 PHILLIPS WINE & SPIRI 7/9/02 843464 $177.99
. 33191 PHILLIPS WINE & SPIRI 7/9/02 843466 $65.00
33191 PHILLIPS WINE & SPIRI 7/9/02 843466 $159.25
33191 PHILLIPS WINE & SPIRI 7/9/02 843466 $224.47
33191 PHILLIPS WINE & SPIRI 7/9/02 845619 $775.10
33191 PHILLIPS WINE & SPIRI 7/9/02 845620 $1,927.28
33191 PHILLIPS WINE & SPIRI 7/9/02 845620 $80.25
33191 PHILLIPS WINE & SPIRI 7/9/02 845620 $419.29
33191 PHILLIPS WINE & SPIRI 7/9/02 845623 $169.05
33191 PHILLIPS WINE & SPIRI 7/9/02 845623 $618.00
TOTAL FOR PHILLIPS WINE & SPIRITS $5,383.63
33192 POTTS, KENNETH N. JUNE PROSECUTIONS 7/9/02 $1,608.33
TOTAL FOR POTTS, KENNETH N. $1,608.33
33193 SPEEDWAY SUPERAM 7/9/02 062402STMT $1,208.82
TOTAL FOR SPEEDWAY SUPERAMERICA $1,208.82
33194 THORPE DISTRIBUTIN 7/9/02 264238 $1,112.10
33194 THORPE DISTRIBUTIN 7/9/02 264497 $12.85
33194 THORPE DISTRIBUTIN 7/9/02 264497 $1,500.40
33194 THORPE DISTRIBUTIN 7/9/02 264498 $11.50
33194 THORPE DISTRIBUTIN 7/9/02 264498 $879.80
'Wed;i~sd~y;'Jiliy..oj;2(Jiii
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:;;;::,::..,":.~:.:;':'..::;;_:_ _.;n ....-. _;;;:::.:::' ( :: ~:_:;.:'.:-:;': ;.:~.:';':::" ~:. ,_ ...:., .h,.,
Page 7 of 8
~
Check # Vender Name Description Check Date lnvoice # Amount
33194 THORPE DISTRIBUTIN 7/9/02 264499 $29.85
33194 THORPE DISTRIBUTIN 7/9/02 264499 $478.90
33194 THORPE DISTRIBUTIN 7/9/02 264764 $47.35
33194 THORPE DISTRIBUTIN 7/9/02 264764 $2,185.00
33194 THORPE DISTRIBUTIN 7/9/02 265229 $2,050.20
33194 THORPE DISTRIBUTIN 7/9/02 265231 $23.00
33194 THORPE DISTRIBUTIN 7/9/02 265231 $680.20
TOTAL FOR THORPE DISTRIBUTING COMPA $9,011.15
33195 TRI COUNTY BEVERAG 7/9/02 119661 $185.00
TOTAL FOR TRI COUNTY BEVERAGE & SUPPLY $185.00
33196 VERIZON WIRELESS, B 7/9/02 061802 $45.81
TOTAL FOR VERIZON WIRELESS, BELLE VUE $45.81
33197 WINE COMPANY (THE) 7/9/02 80702 $206.71
TOTAL FOR WINE COMPANY (THE) $206.71
33198 WORLD CLASS WINES, 7/9/02 121160 $333.89
33198 WORLD CLASS WINES, 7/9/02 121161 $730.00
33198 WORLD CLASS WINES, 7/9/02 121162 $281.00
TOTAL FOR WORLD CLASS WINES,INC $1,344.89
33199 WSB AND ASSOCIATE SHADY ISLAND BRIDGE INVENTOR 7/9/02 01074-400-0 $no.oo .
33199 WSB AND ASSOCIATE FREEMAN PK DRIVEWAY CLOSURE 7/9/02 01074-483-1 $919.00
33199 WSB AND ASSOCIATE SEAMANS ESTATES PLAT REVIEW 7/9/02 01074-561-0 $185.00
33199 WSB AND ASSOCIATE SMITHTOWN RD PVMT REHAB 7/9/02 01074-583-1 $7,090.50
33199 WSB AND ASSOCIATE CUB FOODS SITE REVIEW 7/9/02 01074-591-1 $2,064.00
33199 WSB AND ASSOCIATE CSAH 19 @ SMITHTOWN RD 7/9/02 01388-001-0 $11,604.18
TOTAL FOR WSB AND ASSOCIATES $22,632.68
33200 XCEL ENERGY 7/9/02 0356-200-16 $21.31
33200 XCEL ENERGY 7/9/02 1966-609-83 $163.91
TOTAL FOR XCEL ENERGY $185.22
TOTAL CHECKS $194,999.65
.
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Page 8 of 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 db
Craig W.Dawson, City Administrator .
July 3, 2002
LMCD 2003 Budget
.
The Lake Minnetonka Conservation District (LMCD) Board has adopted its 2003 Budget. By
statute, it is required to hold a public hearing on its budget if so requested by one of the city councils
in the District.
The 2003 Budget shows revenues of $244,995, only $374 more than the 2002 Budget. The
Shorewood share in the budget drops from $26,317 in 2002 to $25,824 in 2003.
The 2003 Budget is attached. The Executive Director summarizes the changes in the budget in his
two-page memorandum. Additional explanations are given on the last page of the budget.
RECOMMENDATION:
.
Unless the Council wishes that the LMCD hold a public hearing regarding its 2003 Budget, staff
recommends that the Council accept the 2003 Budget of the Lake Minnetonka Conservation
District.
=It-38
{) PRINTEO ON RECYCLED PAPER
BOARD MEMBERS
Bert Foster
Chair, Deephaven
Craig Nelson
Vice Chair, Spring Park
UIi McMillan
Secretary, Orono
Tom Skramstad
Treasurer, Shorewood
Bob Ambrose
Wayzata
Douglas E. Babcock
Tonka Bay
Orv Burma
Mound
Tom Gilman
Excelsior
Paul Knudsen
Minnetrista
Tom Seuntjens
Minnetonka Beach
Herb J. Suerth
Woodland
Katy Van Hercke
Minnetonka
Sheldon Wert
Greenwood
o
50% Recycled Content
20% Post Consumer Waste
LAKE MIN
18338 MINNETONKA BL
June 27, 2002
TO:
LMCD Member Cities 1
Greg Nybeck, Executive Director 6A1j ~
Adopted 2003 LMCD Budget
FROM:
SUBJECT:
Enclosed is a copy of the 2003 LMCD Budget, which was recently
adopted and certified by the LMCD Board. Minnesota State Statute
103B.635, Subd. 1 requires the LMCD Board, on or before July 1 of each
year, to prepare and submit a detailed budget of the District's needs for
the next calendar year to the governing body of each municipality in the
District with a statement of the proportion of the budget to be provided by
each municipality.
.
The 2003 LMCD Budget consists of these parts:
1. One page that outlines the city-by-city levy allocation
2. Three pages of budget detail
3. Two pages of budget assumptions
4. One page of notes (Appendix A)
Let me provide some background on how LMCD activities are funded.
The LMCD maintains five reserve fund accounts (Administration,
EWM/Exotics, Save the Lake, New Equipment Acquisition, and Equipment
Replacement). Administration, EWM Exotics, and New Equipment .
Acquisition funds are derived from tax dollars, which are levied to the 14
member cities. Administration and EWM/Exotics funds are used for
operating purposes. New EquipmentAcquisition funds have been
established to either replace or refurbish depreciated capital equipment
used in conjunction with the EurasianWatermilfoil harvesting program.
The levy for the adopted 2003 LMCD Budget will, therefore, be allocated
for these three reserve fund accounts. The remaining two reserve funds,
Save the Lake and Equipment Replacement, are funded by private
donations, not from member cities' contributions.
Back in the early 1990's, the member cities agreed with the LMCD to
place money in reserve funds for both the Administration and
EWM/Exotics programs. This was done to provide financial resources in
the event that something out-of-the-ordinary occurred in a given year. The
agreement stated that the Administration fund should have a six-month
reserve (50% of the annual budget) and the EWM/Exotics program should
have a 12-month reserve (100% ofthe annual budget). At year-end in
Web Page Address: http://www.lmcd.org
E-mail Address: Imcd@lmcd.org
LAKE MINNETONKA CONSERVATION DISTRICT
2001, the reserve fund balances for Administration and EWM/Exotics were
below these levels (a 33% reserve for the Administrative Fund, which
should be 50%, and a 38% reserve for the EWM/Exotics Fund, which
should be 100%).
Expenditures in the 2003 LMCD Budget remained relatively constant
when compared to the 2002 LMCD Budget. Expenditures in the 2003
LMCD Budget ($427,295) decreased approximately 1.5% from the 2002
LMCD Budget ($433,921). The levy to the member cities in the 2003
LMCD Budget ($244,995) has remained relatively constant compared to
the 2002 LMCD Budget ($244,621).
.
If your city has an objection to the adopted 2003 budget, please let me
know. We are glad to discuss this further, and are required by statute to
schedule a public hearing on this matter, if requested.
On behalf of the LMCD Board, I would like to thank all 14-member
communities for their continued participation and support for District
related activities. Feel free to contact me at the District office if you have
questions or concerns.
.
.
.
LAKE MINNETONKA CONSERVATION DISTRICT
2003 BUDGET AND LEVY
(ADOPTED)
2001 2001 Taxable 2001 Net Tax % of Total Net Sh fAd' Share of Share of Total Share of Total
City Population . are 0 mln Ex t' B d Budget in
Market Value Capacity Tax Capacity B d t' 2003 OICS U ge Budget in 2003
Estimates (Note 1) u ge In in 2003 2002
DEEPHAVEN 3,853 546,598,600 5,920,747 4.4% 11 ,864.36 5,881.6 17,746.0 17,981.55
EXCELSIOR 2,393 173,645,000 2,187,206 1.6% 4,382.86 2,172.7 6,555.6 6,492.23
GREENWOOD 729 123,533,300 1,350,300 1.0% 2,705.82 1,341.3 4,047.2 3,993.87
MINNETONKA 51,301 5,353,997,700 70,364,868 51.8% 32,759.00 16,240.0 48,999.0 48,924.20
MTKA BEACH 614 128,266,000 1,407,527 1.0% 2,820.49 1,398.2 4,218.7 4,248.30
MINNETRISTA 4,358 579,965,600 6,034,195 4.4% 12,091.70 5,994.3 18,086.0 17,879.34
MOUND 9,435 626,437,900 6,603,765 4.9% 13,233.04 6,560.1 19,793.21 18,791.74
ORONO 7,538 1,268,413,600 13,847,495 10.2% 27,748.48 13,756.0 41 ,504.5 41,324.57
SHOREWOOD 7,400 817,063,900 8,615,895 6.3% 17,265.07 8,559.01 25,824.0 26,317.18
SPRING PARK 1,717 107,819,100 1,456,935 1.1% 2,919.50 1,447.3 4,366.81 4,102.56
TONKA BAY 1,547 240,047,300 2,592,813 1.9% 5,195.64 2,575.7 7,771.3 7,846.14
VICTORIA 4,025 387,101,900 4,027,058 3.0% 8,069.67 4,000.4 12,070.1 11,404.68
WAYZATA 4,113 746,201,200 9,774,924 7.2% 19,587.61 9,710.3 29,298.0 30,603.95
WOODLAND 480 139,733,100 1,572,843 1.2% 3,151.76 1,562.4 4,714.2 4,710.69
99,503 11,238,824,200 135,756,571 100.0% $163,795.00 $81,200.00 $244,995.0 $244,621.00
Maximum Levy Per MN statute 1038.635 (Total Taxable Market Value * .00242%): $271,979.55
(Note 1) Per MN statute 103B.631, no city may pay more than 20% of the total levy. The City of Minnetonka would pay a constant 20% of any amounts to be levied.
Remaining cities factor for determining levy amounts is computed as: (City Net Tax Capacity I ( Total Net Tax Capacity - Minnetonka Net Tax Capacity) ) · 80%
Total Net Tax Capacity
less Minnetonka Net Tax Capacity
Net Tax Capacity for remaining 13 cities
135,756,571
(70,364,868)
65,391,703
Page 1
ilil~IN~};~iliUi;Wl:i~if&~K~i~i.~j2;~:{:~~_.';8.:::;::_L~~b":';;:~:it:;LJ
1. Administration
a) LMCD Communities Admin Levy
b) Reserve Fund Contribution
c) Court Fines
d) Licenses
e) Other Public Agencies
f) Interest, Public Funds
g) Other Income (Including BWSE)
SUB-TOTAL ADMINISTRATION
2. Exotics Management
a) LMCD Communities Exotics Mgmt Levy
b) Other Public Agencies
c) Private Solicitation
d) Reserve Fund Allocation
e) Interest
SUB-TOTAL EXOTICS MANAGEMENT
TOTAL REVENUES
Total Levy
Reserve Fund Allocations
~~._Jt.m,r~~~~~~t~~~~-~.~~}~~~;~~2~~::~~:~:}:~~'~~~~Iii16~fiat~
ADMINISTRATION
1. Personnel Services:
a) Salaries (includes Milfoil related Staff time)
b) Planning/Special Projects Intern
c) Employer Benefit Contributions
SUB-TOTAL PERSONNEL SERVICES
2. Contractual Services:
a) Office Lease & Storage
b) Professional Services
SUB-TOTAL CONTRACTUAL SERVICES
LAKE MINNETONKA CONSERVA TtON DISTRICT
2003 BUDGET DETAIL (ADOPTED)
2000 2000 2001 2001 2002 2003
Budget Actual Budget. Actual Budget Budget
128,679 128,679 120,521 120,521 146,543 163,795
0 0 8,412 8,412 0 0
40,000 22,519 35,000 31,691 30,000 34,000
105,000 125,080 105,000 102,928 110,000 110,000
0 0 0 24,000 8,500 0
8,000 10,481 8,000 5,289 7,500 7,000
4,000 3,078 3,500 14,788 3,000 2,500
285,679 289,837 280,433 307,629 305,543 317,295
62,000 62,000 97,000 97,000 98,078 81,200
24,000 23,804 24,000 23,803 23,800 23,800
0 0 0 0 0 0
10,000 10,000 0 0 0 0
8,000 8,048 8,000 3,413 6,500 5,000
104,000 103,852 129,000 124,216 128,378 110,000
389,679 393,689 409,433 431,845 433,921 427,295
190,679 190,679 217,521 217,521 244,621 244,995
10,000 10,000 8,412 8,412 0 0
105,500 107,123 111,000 106,578 119,000 125,000
0 0 0 0 0 0
19,979 22,225 21,466 21,546 24,258 28,110
125,479 129,348 132,466 128,124 143,258 153,110
18,960 16,696 17,547 17,423 18,105 21,005
11,000 13,966 12,000 12,290 14,000 12,000
29,960 30,662 29,547 29,713 32,105 33,005
Page 1
.
.
Page 2
Page 3
.
.
LAKE MINNE~ CONSERVATION DISTRICT .
2003 BUDGIIP'ASSUMPTIONS (ADOPTED)
The following assumptions were made in the preparation of the adopted 2003 LMCD Budget:
Page 1
<< ')* < ='-~.
EWM Salaries & Employer
Taxes/Insurance (1a)
Salaries
F.I.C.A. & Medicare (7.65%)
Insurance (Auto & Workers Comp.)
2002
12/31/01 Balance
Desiginated Expense- W.P. Project
Reserve Fund Contribution
Reserve Fund Allocation
Transfer to Equip. Rep!. Fund
2003
Projected 12/31/02 Balance
Reserve fund Contribution
Reserve Fund Allocation
Transfer to Equip. Rep!. Fund
Projected 12/31/03 Balance
Projected % of 2002 Annual Budget
Target % of 2002 Annual Budget
"...
"
.
Administration
125,684
(11,450)
o
o
o
$114,234
114,234
3,500
o
o
$117,734
38.5%
50.0%
Page 2
30,937.00
2,563.00
3,500.00
$37,000.00
EWM/Exotics
67,620
o
9,378
o
o
$76,998
76,998
o
o
o
$76,998
60.0%
100.0%
.
.~
,
LtAMINNETONKA CONSERVATION DIS.
AtWJDlX A - 2003 BUDGET NOTES (ADO )
ADMINISTRATION
$125,000 has been budgeted for Salaries for three full-time employees and one part-time employee at current salaries and hourly rate (line
item 1 a). Salary adjustments for these employees have been budgeted for as part of Contingency (line item 7).
$21,005 has been budgeted for Office Lease & Storage (line item 2a). It is projected that Office Lease & Storage expenses for 2003 will cost
the District $27,314. These expenses will be partially off-set by $6,309 in funds received from the Freshwater Foundation in the Fall of 1998 move,
which will be depleted in September 2003.
$12,000 has been budgeted for Professional Services (line item 2b). This includes funds for the District Bookkeeper and the cleaning service
for the District office.
$4,500 has been budgeted for Printing, Publications, & Advertising (line item 3d). This includes for the re-printing of Summer Rules and other
District literature.
$10,000 has been budgeted for Insurance, Bonds (line item 3h) with the LMCIT. Higher costs compared to recent years are out of the control of
the District.
Boat and Water Safety Education (BWSE) expenses (line item 3j) generally offset revenues received (line item 19) for this twice a year course
for boaters who get BWl's on Lake Minnetonka.
$3,000 has been budgeted for Computer Software & Hardware expenses (line item 4b). This includes operating systems and word processing
software upgrades, and the replacement of one desktop computer.
$31,000 has been budgeted for legal services (line item 5a), which will be partially off-set by charging expenses back to applicants.
$34,000 has been budgeted for Prosecution Services (line item 5b), compared to $35,000 in 2002.
Projects are planned every four years, with an estimated cost of $5,000 - $8000 per year for the District.
No reserve fund contribution above and beyond the Freshwater Foundation lease offset has been budgeted for 2003. With a projected
Administrative reserve fund balance of $114,234 by 12131/02, the District should be below the agreed upon six-month reserve for the Administrative
EWM/EXOTICS MANAGEMENT
It is anticipated that the MN DNR will fund the District with a grant of approximately $23,800 to assist in the management of Eurasian
Watermilfoil.
$5,000 has been budgeted for Zebra Mussel expenses (line item 2). These funds will be spent on the "Let's Keep Zebra Mussels Out of Lake
Minnetonka" project.
No reserve fund contribution has been budgeted. With a projected EWM reserve fund balance of $76,998 by 12/31/02, the District should be
below the agreed upon 12-month reserve for the EWM/Exotics Management program.
Page 1
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.
'It'.
,.'1#.
i.
5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236
FAX (952) 474-0128 · www.cLshorewood.mn.us . cityhall@Cl.shorewood.mn.us
CITY OF
SHOREWOOD
MEMORANDUM
TO:
Mayor and City Council
FROM:
Brad Nielsen
DATE:
8 July 2002
RE:
Church Road - Requestto Purchase Excess Property
FILE NO.
Streets - Church Road
At tonight's meeting, the Council will conduct a public hearing to consider the
disposition of excess land that was acquired by the City for the construction of the
Church Road cul-de-sac. At the meeting at which the hearing date was set, two issues
arose regarding the possible sale of the land to the adjoining property owner: 1) staff
was to ask the City Assessor if the previously discussed price of $27,787.54 (equal to
two assessments from the Church Road project) was reasonable; and 2) might the
remnant land be suitable for conservation open space?
Surpri~ingly, the City Assessor indicated that somewhere in the neighborhood of
$50,000 to $60,000 would not be unreasonable, given today's land prices. He took
into consideration the fact that the land is not buildable by itself. There may be some
risk in setting too high a price, since the land owner is not required to purchase the
land, in which case the City would not recoup its costs from the Church Road project.
The Council may wish to give the interested party, Mr. John Pastuck, the opportunity
to obtain an appraisal and make an offer on the site.
With respect to conservation open space, staff suggests that the value of this site for
that purpose is low. Both the original Land Conservation Committee and now the
Land Conservation and Environment COmmittee have suggested that land should not
be acquired simply to stop development. As part of the LCEC's report due in August,
there will likely be a recomm:dation that the City establish a fund for the purch2se -JJ IA A.
~J PRINTED ON RECYCLED PAPER ~ er'"
".
)
I
I.'
Memorandum
Re: Church Road Excess Property
8 July 2002
of conservation easements. Whether the City gets $27,000, $50,000 or something in
between, it is suggested that the money could go much further in purchasing
conservation easements adjoining meaningful open space areas (adjacent to parks or
Gideon Glen for instance) than to maintain approximately 9000 square feet of land at
the end of a street. Mr. Pastuck has indicated that he would be willing to convey a
parcel of land from the plat as conservation open space. A drawing of this proposal
will be presented at the meeting tonight.
Cc: Craig Dawson
Tim Keane
Bonnie Burton
.
.
-2-
CITY OF SHOREWOOD
RESOLUTION NO.
RESOLUTION V ACA TING A PORTION OF THE PUBLIC RIGHT -OF- WAY OF
MAPLE STREET
WHEREAS, Notice of Public Hearing on the proposed vacation of a portion of the
public right-of-way of Maple Street in the City of Shorewood, Hennepin County, Minnesota, was
published in the ExcelsiorlShorewood edition of the SUN'SAILOR NEWSPAPER on the 26th
day of June and the 3rd day of July, 2002; and
WHEREAS, said Notice of Public Hearing was posted in three (3) locations in the City
of Shorewood; and
WHEREAS, the Council of the City of Shorewood heard all interested parties on the
question of vacation at a Public Hearing on the 8th day of July, 2002, in the Council Chambers at
. the City Hall.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood, Minnesota, that the public right-of-way legally described as
"That part of Maple Street as shown in the plat of Linden Park, Hennepin County,
Minnesota, described as lying easterly of the southerly extension of the west line of Lot
11, said Linden Park and westerly of a line drawn from the most southwesterly corner of
said Lot 11 to the most northeasterly corner of Lot 13, said Linden Park, Hennepin
County, Minnesota."
be and hereby is vacated.
BE IT FURTHER RESOLVED, that the City Clerk is directed to notify the County
. Offices in accordance with Minnesota Statutes.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 8th
day of July, 2002.
ATTEST:
WOODY LOVE, MA YOR
CRAIG W. DAWSON, CITY ADMINISTRATOR/CLERK
If~&
.
.
CITY OF SHOREWOOD
RESOLUTION NO.
A RESOLUTION APPROVING A COMPREHENSIVE PLAN AMENDMENT,
CONDITIONAL USE PERMITS, SITE PLAN, PRELIMINARY AND FINAL PLAT FOR
THE REDEVELOPMENT OF THE SHOREWOOD VILLAGE SHOPPING CENTER
WHEREAS, Shorewood Village Shopping Center, Inc. (Applicant) has an interest in
four parcels of land (Subject Property) located at 23680, 23780, and 23800, State Highway 7 and
6095 Lake Linden Drive, legally described in Exhibit A, attached hereto and made a part hereof;
and
WHEREAS, the Applicant proposes to demolish approximately 10,380 square feet of the
existing grocery store in the shopping center located at 23680 State Highway 7, then build a new
CUB Foods store extending from the west end of the shopping center onto the three parcels to the
west; and
WHEREAS, the Applicant has applied to the City for a Comprehensive Plan
amendment, a rez~i>ning of one of the subjectparcels from R-l C toC-3, replattil1g of the four
parcels into one parcel, conditional use permits, and a vacation of ~ por:tionofMaple Street, ~n
order to build the CUB Foods store and related site improvements; and . .
WHEREAS, the Applic~t's appliqation was reviewed by the Shorewood Planning
. OJ' . " . .:. '" ."..' .' " . -. .' I
Director, whose recommendations have been set forth in memoranda tQth,e I?lai:min,g:,
Commission, Mayor and City Council, dated 14 February 2001, 13 March 2002,"14 March' 2002
and 21 May 2002,; all of which are on file at the Shorewood City Hall; and :'. .,
WHERE~S, the Applicant's application was reviewed by the Shorewood City Engineer,
and the City's engIneering consultant and their recommendations have been set forth in
memoranda to the Planning Commission, Mayor and City Council, dated 15 February 2002, 15
March 2002, and 20 May 2002 all of which are on file at the Shorewood City Hall; and
WHEREAS, a public hearing was held and the Applicant's application was reviewed by
the Planning Cominission on 19 February 2002, the minutes of which meeting are on file at the
Shorewood City Hall; ,
WHEREAS, the Applicant's application was considered by the City Council at its 10
June 2002 meetin~ at which time the Counci,l reviewed memoranda prep~ed by City staff, the
record of the public hearing and the Findings of Fact recommended by the Planning Commission.
Additional testimony was heard from individuals having an interest in the project. The minutes
of the meeting are' on file at the Shorewood City Hall;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood, Minnesota as follows:
:#~C
.
1. The Findings of Fact and Conclusions recommended by the Planning Commission on 4
June 2002, included as Exhibit B of the attached Development Agreement Shorewood
Village Shopping Center, Inc. (Attachment 1), is hereby adopted by reference.
2. The Applicant's request for Comprehensive Plan amendment, conditional use permits,
site plan review, preliminary and fmal plat are hereby approved subject to the following:
a. The redevelopment of the property is subject to the approval of the Minnehaha
Creek Watershed District, and the Metropolitan Council.
b. The Developer shall record the Development Agreement attached hereto as
Attachment I, and made a part hereof, with the Hennepin County Recorder.
3. That the Mayor and City Administrator/Clerk are authorized to execute the Certificate of
Approval for the plat on behalf of the City Council.
~.
That the final plat, together with this resolution, and the Development Agreement shown
as Attachment I, shall be recorded within thirty (30) days of the date of celtification of
this Resolution.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 8th day of
July, 2002.
WOODY LOVE, MAYOR
ATTEST:
. CRAIG W. DA ~SON, CITY ADMINISTRATOR/CLERK
-2-
.
.
CITY OF SHOREWOOD
DEVELOPMENT AGREEMENT
SHOREWOOD VILLAGE SHOPPING CENTER, IN"C.
THIS AGREEMENT, made this day of July, 2002, by and between the CITY OF
SHOREWOOD, a Minnesota municipal corporation (hereinafter the "City"), and
SHOREWOOD VILLAGE SHOPPIN"G CENTER, INC., a Nevada corporation (hereinafter the
"Developer").
WHEREAS, the Developer has an interest in certain lands legally described in Exhibit A,
attached hereto and made a part hereof (hereinafter the "Subject Property"); and
WHEREAS, the Developer has filed with the City the Final Plat for "Shorewood Village
Addition", a copy:ofwhich plat is attached hereto as Exhibit C and made a part hereof.
NOW, THEREFORE, in consideration of the mutual covenants and guarantees contained
herein, the parties hereto agree as follows:
GENERAL CONDITIONS
1.) Conditions of Approval- The Developer shall comply with the conditions of
approval as adopted by the City Council and set forth in the Planning Commission's
recommended Findings of Fact, attached hereto as Exhibit B, and made a part hereof. In
addition, development of the Project is subject to the zoning requirements of the C-3, General
Commercial District, as may be amended.
2.) 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:
Attachment I
Public Improvements:
(01) Street grading, stabilizing and bituminous surfacing;
. (02) Concrete curb and gutter;
(03) Stonn sewer, surface water drainage and stonnwater treatment facilities;
(04) Traffic control signs;
(05) Required landscaping;
(06) Lake Linden Drive trail;
(07) Lake Linden neighborhood entrance monuments.
(hereinafter "Public Improvements")
.
Private Improvements:
(08) Parking lot grading, bituminous surfacing, perimeter concrete curbing, and
striping;
(09) Required landscaping and landscape buffering;
(10) Storm sewer, surface water drainage and stormwater treatment facilities;
(11) Sanitary sewer connections;
(12) Water storage reservoir.
(hereinafter "Private Improvements")
. consistent with the plans and specifications prepared by: 1) Parsons Transportation Group, dated
" 2002, incQrpo.r~te,dby,reference herein, 2) KKEArchitects, dated _ June 2002,
incorporated by reference herein; and 3) Dahlgren, Shardlow, Uban, Inc., dated _ July 2002,
attached hereto as Exhibit D, and made a part hereof, all received and approved by the City
Engineer on . July 2002.
3.) 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.
4.) Standards of Construction - Developer agrees that all ofthe 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
subj ect to final inspection and approval by the City Engineer or his designee.
2.
5.) 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
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.
6.) 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 2 shall be
performed to be completed by 30 November2003. 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.
.
7.) As-Built Plan - Within sixty (60) days after the completion of construction of the
Public hnprovements described in paragraph 2 above, Developer shall cause its engineer to
prepare and file with the City a full set of "as-built" plans, including a mylar original, an
electronic copy and two (2) black line prints, showing the installation of the Public
hnprovements within the Project. Failure to file said "as-built" plans within said sixty (60) day
period shall suspend the issuance of building permits and certificates of occupancy for any
further construction within the Project.
.
8.) 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.
9.) Staking. Surveying and Inspection - It is agreed that the Developer, through its
engineer, shall provide for all staking and surveying for the above-described improvements. In
order to ensure that the completed improvements conform to the approved plans and
specifications, the City will provide for resident inspection as determined necessary by the City
Engineer.
10.) Traffic Control Signs - Developer, atits 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. .
11.) Occupancy Permits - The City shall not issue a certificate of occupancy until all
hnprovements set forth in paragraph 2 are completed and approved by the Planning Director and
the City Engineer. A certificate of occupancy will not be withheld if internal parking lot
landscaping and landscaping within the State Highway 7 right-of-way have not been completed
due to weather. All such landscaping shall be completed no later than 15 October 2003.
12.) Final Inspection - At the written request of the Developer, and upon completion of
the hnprovements set forth in paragraph 2 above, the City Engineer, the contractor, and the
3.
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.
13.) Conveyance of Improvements - Upon completion of the installation by Developer
and approval by the City Engineer of the improvements set forth in paragraph 2 above, the
Developer shall convey all Public hnprovements to the City free of all liens and encumbrances
and with warranty of title, which shall include copies of all lien waivers. Should the Developer
fail to so convey said improvements, the same shall become the property of the City without
further notice or action on the part of either party hereto, other than acceptance by the City.
.
14.) Replacement- All work and materials performed and furnished hereunder by the
Developer, its agents and subcontractors, found by the City to be defective within two years after
acceptance by the City, shall be replaced by Developer at Developer's sole expense.
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 21 below.
17.) Claims for W ork- The Developer or its contractor shall do no work or furnish no
materials not covered by the plans and specifications and special conditions of this Agreement,
for which reimbursement is expected from the City, unless such work is first ordered in writing
by the City Engineer as provided in the specifications. Any such work or materials which may
be done or furnished by the contractor without such written order first being obtained shall be at
its own risk, cost and expense.
18.) Surety for Improvements - Deposit or Letter of Credit -
(01) Public Improvements and Landscaping. The Public Improvements set
forth in paragraph 2 and the landscape and landscape buffering
improvements set forth in paragraphs 2 and 26 shall be constructed,
installed and furnished according to the terms of this Agreement. To
ensure that the Developer completes said Public hnprovements aud
landscaping, submits to the City as-built plans as required in paragraph 7,
and that the Developer pays all claims for work done and materials and
supplies furnished for the performance of this Agreement, the Developer
agrees to furnish to the City either a cash deposit, certificate of deposit or
4.
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.
SPECIAL CONDITIONS
21.) Local Sanitary Sewer Access Charges. Prior to recording the final plat,
Developer agrees to pay to the City local sanitary sewer access charges in the amount of
$1.1,760. Credit has been given for the laild with the existing shopping center on it.
22.) Stormwater Drainage and Treatment System. Developer has proposed to
construct and maintain an underground stormwater drainage and treatment system as a condition
of the Project. Developer agrees, for the life of this Agreement, to submit reports monthly or on
such periodic basis as may be approved by the City Engineer, signed by a registered professional
engineer, to the City Engineer relating to the operation and performance of the Alum Injection
Water TreatmentSystem. Prior to issuance ofa Certificate of Occupancy, developer will
provide to the City Engineer a reference manual maintenance plan (the "Manual"). In the event
the Developer fails to submit periodic reports on a timely basis or fails to maintain the treatment
system within operating parameters as described in the Manual, 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 a civil penalty of$100.00 per
day for each day of continuing violation, which penalty may be charged against the Subject
Property as an assessment. The City Engineer may reasonably extend the cure period in his
discretion. The Developer acknowledges its ongoing duty and responsibility to comply with the
requirements contained herein. If the Developer fails to maintain the storm drainage system, the
City may contract the work to be done and assess the Subject Property accordingly. The
Developer hereby waives the right to appeal said assessment.
23.) Lake Linden Drive Trail. City and Developer acknowledge as a reasonable
condition to mitigate traffic impacts to the surrounding area, Developer shall construct, at its
expense, a six-foot wide bituminous trail (the "Trail") within the existing right-of-way of Lake
Linden Drive, or within easements acquired by the City, consistent with the plans and
specifications prepared by WSB and Associates, Inc., dated 2002. The Trail shall be
completed prior to the issuance of the certificate of occupancy for the Project.
24.) Hours of Construction. Developer acknowledges no equipment, construction
traffic or other construction activity will take place except during the following hours:
. .
. .
Weekdays,'7:00 ~.m; to 7:00 p.m. and
Saturdays, 8:00 a.m. to 6:00 p.m.
The Developer agrees to pay liquidated damages in favor of the City of$500.00 per day for each
day in violation of the hours of construction provided herein.
25.) On-Site Signage. Developer agrees to comply at all times with the on-site sign
regulations as provided in the Shorewood Code of Ordinances and the signage plan for the
Project approved by the City. Developer and City acknowledge sign enforcement, particularly
temporary tenant signage, has been an ongoing maintenance issue with the Subject Property.
Developer agrees to, at all times, to undertake its best efforts to insure compliance of all sign
regulations for itself as well as its tenants. Developer does hereby consent to provide access to
6.
the City or its agents at all times to the Subject Property to remove temporary signs in violation
of the Shorewood Code of Ordinances and the signage plan for the Subject Property.
26.) Landscaping and Landscape Buffering. Developer agrees to construct and install
not later than 15 November 2002, all perimeter landscaping and landscape buffering pursuant to
the plans and specifications prepared by Dahlgren, Shardlow and Uban, Inc., dated
,2002. 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.
27.) Construction Traffic. Developer agrees to exercise its best efforts to ensure that
no construction truck traffic will access the Subject Property from thenorth by way of Lake
Linden Drive or Yellowstone Trail. The Developer agrees to pay liquidated damages in favor of
the City of $500 per day for each day in violation of this provision.
.
28.) Motor Vehicle and Boat Sales. Developer acknowledges a historic ongoing issue
of code compliance with the City relating to exterior vehicle and boat sales in the parking lot of
the Subject Property. Developer agrees to undertake at all times its best efforts to prohibit and
remove all vehicles and boats for sale on the Subject Property. Developer acknowledges and
does authorize the City to order removal of all vehicles posted for sale on the Subject Property
after four hours notice to the property manager of the Subject Property.
29.) Cart Storage. The Developer agrees to install and comply with the shopping cart
storage plan and cart storage locations as provided by the Developer and on file with the City.
Cart storage shall not be allowed to take up required parking spaces as depicted on Exhibit D.
30.) Temporary Outdoor Sales. Developer agrees and acknowledges that temporary
outdoor sales of goods on the Subject Property are not permitted without first obtaining approval
of a conditional use permit from the City. Developer further acknowledges that any temporary
outside sales, if allowed, will not result in a reduction of parking spaces from that depicted on
Exhibit D.
.
31.) Litter Control- Developer agrees to at all times comply with the litter control plan
prepared by the Developer and filed with the City.
32.) Park Fund Pavment - Developer shall, prior to release of the finalpl~t by the City,
make a cash payment to the City in the sum of$27,032 forthe Park Fund. C~edit has beeugivell
for the land with the existing shopping center on it. .
33.) 24-hour Operation - The Developer agrees to comply with the provisi.ons the
Shorewood Zoning Code with respect to business hours. Failure of the Developer to comply
with these provisions shall result in a civil penalty of $100.00 per day for each day of continuing
violation, which penalty may be charged against the property as an assessment. The Developer
hereby waives the right to appeal such assessment.
34.) On-Site Parking - Parking for the Subject Property shall be paved, curbed, striped
and maintained as depicted on Exhibit D.
7.
35.) Snow Removal- Snow shall be removed from the Subject Property according to
a plan submitted by the Developer and approved by the City. Snow shall not be stockpiled on
the required parking area for longer than 72 hours. Failure of the Developer to remove snow
stockpiled on the parking lot within 72 hours shall result in a civil penalty of$100.00 per day for
each day of continuing violation, which penalty may be charged against the property as an
assessment. The Developer hereby waives the right to appeal such assessment.
36.) Notices - Except for notice of vehicles for sale pursuant to paragraph 28, 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
Minneapolis, Minnesota 55431
(952)835-3800
To the Developer:
Shorewood Village Center, Inc.
6600 France Avenue So., Suite 275
Edina, Minnesota 55435
Ph: (952)253-2500
.
With a Copy to:
Developer's Counsel
c/o David Sellergren
Fredrickson and Byron, P .A.
4000 Pillsbury Center
200 South Sixth Street
Minneapolis, MN 55402
37.) Proof of Title - Developer shall furnish a title opinion or title insurance
commitment addressed to the City guaranteeing that Developer is the fee owner or has a legal
right to become fee owner of the Subject Property upon exercise of certain rights and to enter
upon the same for the purpose of developing the property. Developer agrees that in the event
Developer's ownership in the property should change in any fashion, prior to the completion of
the project and the fulfillment of the requirements of this Agreement, Developer shall forthwith
8.
notify the City of such change in ownership. Developer further agrees that all dedicated streets
and utility easements provided to City shall be free and clear of all liens and encumbrances.
38.) 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 orthe performance and completion of the
work and Improvements hereunder.
.
39.) 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.
40.) Remedies Upon Default-
(01) Certificate ofOccupancv. Subject to the provisions of paragraph 11, the
City may withhold the issuance of the 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; 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; c) failure to pay the City accrued liquidated
damages or civil penalties as provided herein.
.
(02) 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 2 above to be
constructed and installed or may take action to cure such other default and
may cause the entire cost thereof, including all reasonable engineering,
legal and administrative .expense incurred by the City to be recovered as a
special assessment under Minnesota Statutes Chapter 429, in which.case
the Developer agrees to pay the entire amount of such assessment within
thirty (30) days after its adoption. 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.
9.
(03) 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:
a. The cost of completing the construction of the improvements
described in paragraph 2 above.
b. The cost of curing any other default by the Developer in the
performance of any of the covenants and agreements contained
herein.
c. The cost of reasonable engineering, legal and administrative
expenses incurred by the City in enforcing and administering this
Agreement.
.
(04) 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.
41.) 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.
.
42.) Severabilitv - 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.
43.) Execution of CounteI:Parts - 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.
44.) Construction - This Agreement shall be construed in accordance with the laws of
the State of Minnesota.
45.) Successors and Assigns - It is agreed by and between the parties hereto that the
Agreement herein contained shall be binding upon and inure to the benefit of their respective
legal representatives, successors, and assigns.
10.
.
.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed
on the day and year first above written.
SHOREWOOD VILLAGE SHOPPING
CENTER, INC.
CITY OF SHOREWOOD
By:
Its: President
By:
Its: Mayor
ATTEST:
By:
Its: City Administrator/Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this day of , 2002, before me, a Notary Public within and
for said County, personally appeared Woody Love and Craig Dawson tome 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 , 2002, before me, within and for said County,
personally appeared , of Shorewood Village Shopping
Center, Inc., the Developer, described in and who executed the foregoing instrument and
acknowledged that it executed the same as its free act and deed.
Notary Public
11.
.
.
THIS INSTRUMENT WAS DRAFTED BY:
Larkin, Hoffman, Daly & Lindgren, Ltd.
1500 Wells Fargo Plaza
7900 Xerxes Avenue South
Minneapolis, Minnesota 55431
(TJK)
777671.1
12.
.
(Insert Legal Description as
Exhibit A)
.
'.
SHOREWOOD PLANNING COMMISSION
FINDINGS OF FACT
REGARDING CUB FOODS PROPOSAL
WHEREAS, Shorewood Village Shopping Center, Inc. (Applicant) has an interest in
four parcels ofland (Subject Property) located at 23680,23780, and 23800, State Highway 7 and
6095 Lake Linden Drive, legally described in Exhibit A, attached hereto and made a part hereof;
and
WHEREAS, the Applicant proposes to demolish approximately 10,380 square feet of the
existing grocery store in the shopping center located at 23680 State Highway 7, then build a new
CUB Foods store'extending from the west end of the shopping center onto the three parcels to the'
west; and
.
WHEREAS, the Applicant has applied to the City for a Comprehensive Plan
amendment, a rezoning of one of the subject parcels from R-1C to C-3, replatting of the four
parcels into one parcel, conditional use permits, a variance and a vacation ofa portion of Maple
Street in order to build the CUB Foods store and related site improvements; and
WHEREAS, the Applicant's application was reviewed by the Shorewood Plmmmg
Director, whose recommendations have been set forth in memoranda to the Planning
Commission, Mayor and City Council, dated 14 February 2002, 13 March 2002, 14 March 2002
and 21 May 2002, all of which are on file at the Shorewood City Hall; and
WHEREAS, the Applicant's application was reviewed by the Shorewood City Engineer,
and the City's engineering consultant and their recommendations have been set forth in
memoranda to the Planning Commission, Mayor and City Council, dated 15 February 2002, 15
March 2002, and 20 May 2002 all of which are on file at the Shorewood City Hall; and
WHEREAS, a public hearing was held and the Applicant's application was reviewed by
the Planning Commission on 19 February 2002, the minutes of which meeting are on file at the
. Shorewood City Hall;
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
Shorewood as follows:
FINDINGS OF FACT
1. The lot area, zoning and existing use of the four parcels that constitute the Subject
Property are as follows:
23800 S.T.H. 7:
6095 Lake Linden Drive
.8.32 acres; zoned C-3, General Commercial; occupied by
existing shopping center
.24 acres; zoned C-3, occupied by an existing bank (to be
demolished)
3.52 acres; zoned C-3 and R-IC; undeveloped
.72 acres; zoned R-1C, Single-Family Residential; occupied
by a single-family residential dwelling
23680 S.T.H. 7:
23780 S.T.H. 7:
Exhibit B
2. Zoning and land use surrounding the Subject Property is as follows:
North:
East:
South:
West:
single-family homes and vacant land; zoned R-1 C
vacant land; zoned R-1 C
State Highway 7, then commercially zoned shopping center in Chanhassen
single-family home, then two-family home and two offices zonedR-IC,
R-3A, Multiple-Family Residential, and R-C, Residential/Commercial,
respectively
3. The Subj ect Property is lower in elevation than land to the east and west, but somewhat
higher than land to the northwest.
. . .
4. The Applicant's plans propose the addition ofa.60,OSO square foot grocery store to the
west end of the shopping center, resulting in a total area for the shopping center of
129,203 square feet.
.
5.
The Applicant has requested that the Shorewood Comprehensive Plan be amended to
change the land use classification of 6095 Lake Linden Drive from "Low to Medium
Density Residential" to "Commercial".
6. The Applicant has requested that the Shorewood Zoning Map be amended to change the
zoning classification of 6095 Lake Linden Drive from R-1C to C-3.
7. The Applicant has requested that the four parcels that constitute the Subj ect Property be
replatted into one parcel. .
8. The Applicant has requested that a small triangle of right-of-way at the end of Maple
Street be vacated by the City. At present there is no turn-around at the end of Maple
Street.
9.
The Applicant proposes to replace the existing natural buffer on the west and north sides
of the site with landscaping as illustrated on Exhibit B, attached.
.
10. The Applicant's plans include the construction of an undergroundstormwater storage and
treatment facility, plans for which have been reviewed by the City's engineering
consultants.
11. The Applicant's landscape plans include 240 new trees. Shorewood's Tree Preservation
and Reforestation Policy requires a minimum of 103 replacement trees for the size of the
subject property.
12. The Applicant has reduced the hardcover on the property to 75 percent of the total site
area by eliminating .unnecessary parking stalls to the east of the building.
13. The parking layout for the Subject Property contains 604 parking spaces. The common
area for the shopping center has been deducted from the total area of the ,building for
purposes of determining the required number of spaces.
-2-
14. The Shorewood Zoning Code requires a 50-foot buffer between commercial and
residential property. The Applicant has revised his original plans to comply with the
required setback.
15. There is relatively little room for onsite storage of snow. The Applicant has agreed to
haul away temporary piles of snow from the parking lot within 48 hours of the last snow
fall.
16. The Applicant's traffic study indicates that daily traffic on Lake Linden
DrivefYellowstone Trail/Country Club Road would be higher than if the vacant parcel of
the Subject Property were developed to include an expansion of retail space at the
existing shopping center.
.. .
. 17.. . The proposed entrY on the so:uth side of the Subj e~t Property has been redesigned to be
consistent with the City's plans for the reconstruction of the intersection at State
Highways 7 and 41.
.
18.
The circulation for the site has been reversed to a counter-clockwise direction pursuant to
the recommendation of the Minnesota Department of Transportation. The southeast entry
into the site will be designated as a right-in only. The driveway on the west side of the
site will be designated as a right-inIleft out only.
19. To date the Applicant has not submitted plans for signage for the grocery store addition.
Any additional signage on the property requires an amendment to the existing sign plan
for the shopping center.
CONCLUSIONS
A.
Based upon the findings contained herein, the Planning Commission determines that the
Applicant's Plans are consistent with the following policies of the Shorewood
Comprehensive Plan 2000 (hereinafter the "Plan") and recommends that the City Council
approve the Applicant's request for a Comprehensive Plan amendment:
.
1. Land Use General Policy #5: All development proposals shall be analyzed on an
individual basis from a physical, economic, and social standpoint to determine the
most appropriate uses within the context of the Planning District in which it is
located and within the community as a whole.
2. Land Use General Policy # 11: Transitions between distinctly differing types of
land uses shall be accomplished in an orderly fasmon, which does not create a
negative (economic, social, or physical) impact on adjoining developments.
3. Land Use Residential Policy #2: Low density residential neighborhoods shall be
protected from encroachment or intrusion of high types and by adequate buffering
and separation .from other residential as well as non-residential use categories.
4. Land Use Commercial Policy#l: The City of Shore wood's commercial
development shall be oriented toward "convenience" type of shopping geared
toward neighborhood or community scale markets.
5. Land Use Commercial Policy #2: Commercial and service centers shall be
developed as cohesive, highly interrelated units with adequate off-street parking.
-3-
.
.
6. Land Use Commercial Policv #3: Existing and proposed service and commercial
uses shall be adequately and appropriately landscaped according to community
requirements as amended.
7. Land Use Commercial Policv #4: All existing and proposed service and
commercial uses shall be adequately screened or buffered from"any adjacent
residential development.
8. Land Use Commercial Policy #14: It shall be the responsibility of existing
commercial developments to assume the burden of making necessary
improvements to insure compatibility with surrounding residential uses.
B. The Comprehensive Plan amendment is subject to the Metropolitan Council detennining
that the proposed amendment has no metropolitan significance.
C. The Planning Comri:1ission recommends the Applicant's request for rezoning be
approved, since it is consistent with the Shorewood Comprehensive Plan.
D.
The Planning Commission recommends the Applicant's request for preliminary plat
approval be approved, since it is consistent with the Comprehensive Plan as would be
amended and with the location of Lake Linden Drive.
1. The preliminary plat includes the dedication of street right-of-way for Lake
Linden as depicted on Exhibit C.
2. . The Applicant agrees to enter into a stipulation of dismissal in Condemnation.
CaSe No. CD2618, to include release of the quick-take deposit, and
acknowledgement of each party's responsibility for its own fees and costs.
E. The Planning Commission recommends the Applicant's request for vacation of a portion
of Maple Street be approved, subject to the Applicant constructing a turnaround at the .
east end of Maple Street, consistent with the recommendations of the City Engineer and
the Excelsior Fire District Fire Marshal. .
F.
The Planning Commission recommends the Applicant's requests for conditional use
permits be approved, since they are consistent with the Comprehensive Plan and zoning,
as would be amended, subject to the recommendations set forth in memoranda from the
Planning Director, dated 14 February, 13 March, 14 March, and 21 March 2002.
Approval is also subject to the recommendations set forth in the City Engineer's
memoranda, dated IS February, IS March and 20 May 2002. These recommendations as
well as provisions for maintenance of storm water runoff facilities, landscaping and snow
removal shall be set forth in a development contract between the developer and the City.
The development contract shall be recorded with the Hennepin County Recorder and
shall stipulate that the Applicant shall construct trail facilities abutting his property and
extending.north along the west side of Lake Linden Drive to Yellowstone Trail. .
G. This approval does not include a conditional use pennit for multiple signage. Upon
receipt of the Applicant's plans for signage the City will consider an amendment to the
current conditional use permit for the Subject Property.
H. Approval of the conditional use permits is subject to the review and recommendations of
the Minnehaha Creek Watershed District.
-4-
.
.
ADOPTED BY THE PLANNING COMMISSION OF THE CITY OF SHOREWOOD this
4th day of June, 2002.
Respectfully submitted
Jim Pisula, Vice Chair
-5-
... ........ .... .........;
..:......Olliii02i:io.2..12.i.S2 FAX 6123375
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........ ..... ......DAGH'LGR: "siiARD'LOW.&..tiBiU-" 'l6I 005
. . NO.12l47 [;103
IliIUU4
JJEXm::Jttt A.n
Cub Foods
SHORJiWOOD, MN
(Par Certitic.ate Clf,.,tl~ No. 85'0653) THe PARCEL,
The parcel es desc:ri~ ~s fl:lflows:
Par 1: t,.pt 172,
.
11ntt p~rt or Lot 170 lvlng &:Uh af the Westeny extenslao of the North line of \.Qt 172;
That part of lot 171 tyIng South of the North.nne af Lot 172 Ii~cted West to th~ center Una of
v~Cilted Waodr\iff ^"anut!i" " "." ." . .". .'" " "
. .' , . .
Th:a~ part.ot J..ot 173 tying northerly of ~e Northarty rfgtlNJr-wav line of state HIghway No. 7 and
tying West or the ES5t 50 feet of 5afd lot 173 m=S1.I~d at rIght engles from thI= East line of said
lot 173, AUDITOR'S SUaOlVISION NO. 135, HennepIn CQ~nLy, Mll1nesota;
Pl.Ir 2.:
That part of the ~st 30 taet Gt vaaated WOQd~Jf Avenue shown on the plat at' IILJNOEN PARK,
HENNePIN CO" MINN. It. lYing NiJrth of ~te Highway No.7 and Iyfng South or the South_sterfy
extensIon of tho straight pQrtlan at Lila Northeaatertv line of U3t 13, t1LINDEN PAAK, HSNNEPtN
CO., MINN. II
SLlbjec:t b:J a stope restrfctlon and covenant as descrlbetl In tnstrUment teearded 21$ CR. Poc. No.
40aoB02~ (as to par:s 1 and :a eKc:epl: liIbove part or \.ot 1711" P~r 1)
Subject to is b3mparary snow fence eQsement as tu the abave desc.rltJecl part of Lot 173, Auc!ltor's
SlJbdMslan Number US, Heilnepln County, MInnesota, In Par 1 endt:he above described part of
the ~ 30 feet of Vacatsd WaadnJff Avenue shown on the plat at ItfJndsn Piitrkt Hennepin Co.
Mrnn." recoitte~ In CR Book 241Cf Qf Deeds, page 293, Cae. No. Ma92.1i, fn Par 2;
Sublact to a lImitation on th$ rfght of acs:ess to State HishwaV No. 7 from the ~t:lcwe desr::r1bed
part of Lot 173, A~dlt:ar's SubdIVIsIon Number 135, Hennepfn Cl'Junty, Mfnnesam, exc:ept that part:
of Htd lot 173, lyInQ between two lines drawn parallef witt! and distant :liS feet "na 1-aQ feet
Easterfy of the West fena af Lot 13, IlLinden Park, Hennepin co., Minn.". fliCartfed in at ~
2414 of Peeds, page 293, PcIc:. No. 343921S, (as to Pars llnd 2)
And
(Per Trustee's Deed Uncfer Power of.Sale, ODe. No. 3328558.)
I..at 11, UNtlEN PARK, except thaEastetlV3Qfe~t tt1E~reof(acttln:ilOOJptherec:ord'edplat~
ontlle anctof rec::ord1nthe ames ol'tlie CoUfit.Y' Rec:afder, Hennepin CounLy, Minnesota, tcgether
With that part of vqeatecj Maple street: which ac<:r\.ll;d thereto by re~SDn of its. vacation tht3reof.
AND
(Per CartJtlcate of Ti~ No. B~g432.)
t.at '2, 'UNOSN PARK. HeNNEPiN CO., MINN."
I
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~A'TU:aN ,RC:U.NI GIlT QFtK TUQIO . Pige.SlJIZfJ
IlI1aMcIUIJ.' g.l.ftW.Ctllllt. . 'llIlt1ft1." ..... ..........
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NO. 047 [;ll2l6
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westerly parallel to SRla Lrne 1 for sa feet; thence d~flect to the rfght at an angle Qf go. degrees:
00 mfnUfes 00 seconds for SO feet and tflere barmrnatlna.
together with a trIangular piece 11'\ sqJd lat lS, G~o[nlh9" "nd narthwestet!V ~ the abcve
tt'e.scribed strip "nd sOQthwesb9rfv of the follQwln~ desc:ribecf IIne1 Beginning illt a parnt an the
narthwesteriy bcundarr of the above described strip, dfsl:!sl1t 15 Feet northeasterly Of R:s
InmrsectfQn wtth th~ sQLltheClsterfy line Dr Plaas.ant AWtnLlli ll'\ said subdMsfan, as loa.ted and
e&labflshea prior to A"u$t 30, 1952; thenes ~n northwesterlV to a point on the SfJUtheastetrty
fine of $aId Pleasant Avenue, chstant 20 feet nQrtheasterly of ~ld mbarsectlon and ~re
termfnatl~g, . ,.., .
. And
'That part: or Mapl~ street: as shown on the plat or Ullden Park., Henllepln County, MInnesota,
described liS lying easterly of the southerly extension of the west line at Lnt 1 tl satd Unden Park
and westerly of Maple street Vi\2ted per Poc. No. 'l4610aO.
.
I I
.
I:IAFlSDNS
'l"AAN::DlQATA.....aN CiRClUFI
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6 Narrative for O:lmpre~w PIim Amanclmeot; ~n!7,
~.. PrelimInary alld FInal Pial:, anct SJtB Plan AppIiadlQn
EifT ORK ,uOIC Pags-8Qfl(}
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8
.
(Insert Final Plat as
Exhibit C)
.
.)
.
(Insert DSU Site/Landscape
Plan as Exhibit D)
.
CITY OF SHOREWOOD
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 1201.09 SUBD. 2.
OF THE SHOREWOOD ZONING CODE - THE SHOREWOOD ZONING MAP
Section 1. Section 1201.09 Subd. 2. of the Shorewood City Code is hereby
amended to include the property described in Exhibit A, attached hereto and made a part
hereof, in the C-3, General Commercial zoning district.
Section 2. That the Zoning Administrator is hereby authorized to revise the
Zoning Map of the City of Shorewood to include the property described as:
.
"Lot 11, LINDEN PARK, according to the plat thereof on file and of record in the
office of the County Recorder, Hennepin County Minnesota, together with that part of
vacated Maple Street which accrued thereto by reason of its vacation thereunder."
in the C-3, General Commercial zoning district.
Section 3. That this Ordinance shall be in full force and effect upon publishing in
the Official Newspapers of the City of Shorewood.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 8th
day of July 2002.
.
WOODY LOVE, MAYOR
ATTEST:
CRAIG W. DAWSON, CITY ADMINISTRATOR/CLERK
I~
(
.
.
CITY OF SHOREWOOD
RESOLUTION NO.
A RESOLUTION GRANTING A SETBACK V ARIANCE
TO JAMES QUANDT
WHEREAS, James Quandt (Applicant) is the owners of real property located at
22425 Murray Street, City of Shorewood, County of Hennepin, State of Minnesota, legally
described on Exhibit A, attached hereto and made a part: hereof;
WHEREAS, the Applicant has an existing single-family dwelling, which dwelling is
located approximately three feet from the rear property line and three feet from the easterly lot
line of the property; and
WHEREAS, the Applicants have applied for variances to add another floor to the
building and to extend a deck around the southwest comer of the house; and
WHEREAS, the Applicant's request was reviewed by the City Planner, whose
recommendations are included in a memorandum, dated 30 May 2002, a copy of which is on file
at City Hall; and
WHEREAS, after required notice a public hearing was held and the application reviewed
by the Planning Commission at a regular meeting held on 4 June ~002, the minutes of which
meeting are on file at City Hall; and
WHEREAS, the City Council considered the application at its regular meeting on 24
June 2002, at which time the Planner's memorandum and the Planning Commission's.
recommendations were reviewed and comments were heard by the Council from the Applicant
and from the City staff; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
FINDINGS OF FACT
1. The subject property is located in an R-IC, Single-Family Residential zoning
district, which requires a 40-foot setback from the rear property line and a lO-foot side yard
setback.
2. The existing building on the property is located approximately three feet from the
rear property line and three feet from the side lot line.
3. The subject property is substandard with respect to maximum impervious surface,
amounting to 45 percent, where 33 percent is what is allowed.
4. The Applicant owns the property immediately east of the subject property, which
is capable of being subdivided. The Applicant has agreed to enlarge the subject property in order
to reduce the amount of hardcover on thesite.
#~D
i'
"
.
.
5. The Applicant is willing to remove part of the existing driveway in order to
reduce the existing hardcover on the site.
6. The Applicant has agreed to grant the City a conservation easement over the
northerly 47 feet of the widest part of the lot to assure that no building will be located there in the
future.
CONCLUSIONS
1. The Applicant has satisfied the criteria for the grant of a variance under the
Shorewood City Code and has established an undue hardship as defined by Minnesota Statutes.
2. Based upon the foregoing, the City Council hereby grants to the Applicant a
setback variance to add another level to the existing home and extend a deck around the
southwest comer of the house, subject to the following conditions:
a.
The Applicant shall provide a legal description for the property to the east at 6195
Cardinal Drive.
The Applicant shall record a resolution approved by the City Council, subdividing
the property at 6195 Cardinal Drive and combining the easterly 32 feet thereof
with the subject property. This division and combination must be recorded prior
to issuance of a building permit.
Before calling for a framing inspection on the second floor addition, the Applicant
shall cause the bituminous and gravel pad located on the west side of the existing
driveway and landscape the area from which the pad is removed.
The total amount of hardcover may not exceed what exists today or 33 percent,
whichever is greater.
b.
c.
d.
3. That the City Administrator/Clerk is hereby authorized and directed to provide a
certified copy of this resolution for filing with the Hennepin County Recorder or Registrar of
Titles.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 8th day of
July 2002.
WOODY LOVE, MAYOR
ATTEST:
CRAIG W. DAWSON, CITY ADMINISTRATOR/CLERK
-2-
.
.
CITY OF SHOREWOOD
RESOLUTION NO.
A RESOLUTION GRANTING A SETBACK VARIANCE
TO MARK AND KATHY SIMANEK
WHEREAS, Mark and Kathy Simanek (Applicants) are the owners of real
property located at 25625 Wild Rose Lane, City of Shorewood, County of Hennepin, State of
Minnesota, legally described on Exhibit A, attached hereto and made a part hereof;
WHEREAS, the Applicants have an existing single-family dwelling, which dwelling is
located less than one foot from the right-of-way of Eureka Road; and
WHEREAS, the Applicants constructed a front porch on the northeast corner of the
home without a building permit and within the required setback for the property; and
WHEREAS, the Applicants have applied for an after-the-fact variance to allow them to
keep the porch; and
WHEREAS, the Applicants' request was reviewed by the City Planner, whose
recommendations are included in a memorandum, dated 29 May 2002, a copy of which is on file
at City Hall; and
WHEREAS, after required notice a public hearing was held and the application reviewed
by the Planning Commission at a regular meeting held on 4 June 2002, the minutes of which
meeting are on file at City Hall; and
WHEREAS, the City Council considered the application at its regular meeting on 24
June 2002, at which time the Planner's memorandum and the Planning Commission's
recommendations were reviewed and comments were heard by the Council from the Applicant
and from the City staff; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood. as follows:
FINDINGS OF FACT
1. The subject property is located in an R-1C, Single-Family Residential zoning
district, which requires a 35-foot setback from the public right-of-way.
2. The existing building on the property is located less than one foot from the right-
of-way for Eureka Road.
3. The subject property is substandard with respect to lot area, having 18,036 square
feet of area where 20,000 square feet is required.
4. The subject property is substandard with respect to lot width, having 80 feet
where 100 feet is required.
itfpf3,
.
.
5. The Applicant has experienced drainage problems over the existing entry to the
house, resulting in ice damage and raising safety concerns.
6. Due to the location of the house, there is no way to construct a covered entry into
the home without encroaching into the setback area.
CONCLUSIONS
1. The Applicant has satisfied the criteria for the grant of a variance under the
Shorewood City Code and has established an undue hardship as defined by Minnesota Statutes.
2. Based upon the foregoing, the City Council hereby grants to the Applicant a
setback variance to add another level to the existing home and extend a deck around the
southwest corner of the house, subject to the following conditions:
a.
The Applicants must obtain a building permit for the structure, demonstrating to
the Building Official that the structure complies with the State Building Code.
The Applicants must obtain the building permit within 10 days of receiving a copy
of this resolution.
b.
3. That the City Administrator/Clerk is hereby authorized and directed to provide a
certified copy of this resolution for filing with the Hennepin County Recorder or Registrar of
Titles.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 8th day of
July 2002.
WOODY LOVE, MAYOR
ATTEST:
CRAIG W. DAWSON, CITY ADMINISTRATOR/CLERK
-2-
v
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236
FAX (952) 474-0128 . www.cLshorewood.mn.us . cityhall@cLshorewood.mn.us
MEMORANDUM
TO:
Mayor and City Council
Craig Dawson, City Administrator
FROM:
Larry Brown, Director of Public Works
.p}
.
DATE:
July 2, 2002
RE: A Resolution Authorizing the Mayor and City Administrator to Enter into a
Cooperative Agreement with MN/DOT for the Freeman Park Access Closure
Engineering File 00-04
Staff has been working with the Minnesota Department of Transportation (MN/DOT) to complete
the cooperative agreement for the Freeman Park access closure to Trunk Highway 7 (TH 7), and
construction of a parking lot at the south end of Freeman Park. Attachment 1 is the site location
map for the project. Attachment 2 is the cooperative agreement, as prepared by MN/DOT.
Under the proposed agreement, the City of Shorewood is responsible for administering the
construction of the parking lot and access closure to TH 7. In addition, the City will also be
required to obtain any and all easements for the project. Currently, bids for the project ate to be
. opened on July 1ih, 2002.
It should be noted that Staff has yet to complete negotiations with the property owners whose
driveway is directly affected. While an easement or right of entry to reconstruct (or match into the
existing driveway) is anticipated, any additional compensation to these property owners is not
anticipated.
As compensation for the access closure of the park, MN/DOT will pay the City of Shorewood
$75,600. The estimated construction cost for the project is $168,317. The remaining portion of the
funds will be taken from the Local Roadway Fund.
Recommendation
Staff is recommending approval of the resolution, which authorizes the Mayor and City
Administrator to enter into the cooperative agreement with the Minnesota Department of
Transportation. A resolution is attached for your consideration.
1t3!1
n
~J PRINTED ON RECYCLED PAPER
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PRE-LETTING
SERVICES
SECTION
STATE OF MINNESOTA
DEPARTMENT OF TRANSPORTATION
COOPERATIVE CONSTRUCTION
AGREEMENT
Mn/DOT
AGREEMENT NO.
83226
S.P. 2706-204 (T.H. 7=012)
State Funds
The State of Minnesota
Department of Transportation, and
The City of Shorewood
Re: State lump sum payment for
access modification construction
by the City on T.H. 7
AMOUNT ENCUMBERED
$75,600.00
AMOUNT RECEIVABLE
(None)
THIS AGREEMENT is made and entered into by and between the State of
Minnesota, Department of Transportation, hereinafter referred to as
the "State" and the City of Shorewood, Minnesota, acting by and
through its City Council, hereinafter referred to as the "City".
1
ATTACHMENT 2
83226
WHEREAS the City is about to perform Trunk Highway access
modifications, parking lot, storm sewer and bituminous trail
construction and other associated construction upon, along and
adjacent to Trunk Highway No. 7 at Freeman Park within the corporate
City limits in accordance with City-prepared plans, specifications
and special provisions designated by the City as City Project No. 00-
04 and by the State as State Project No. 2706-204 (T.H. 7=012); and
WHEREAS the City has requested participation by the State in the
costs of the construction of the access closure at the entrance into
Freeman Park from T.H. 7 and the access modification of the driveway
entrance at that location; and ~
WHEREAS the State is willing to participate in the costs of the
construction of the access closure at the entrance into Freeman Park
from T.H. 7 and associated construction engineering in an amount
equal to $75,600.00 as hereinafter set forth; and
WHEREAS Minnesota Statutes Section 161.20, subdivision 2 authorizes
the Commissioner of Transportation to make arrangements with and
cooperate with any governmental authority for the purposes of
constructing, maintaining and improving the trunk highway system.
IT IS, THEREFORE, MUTUALLY AGREED AS FOLLOWS:
~
ARTICLE I - CONSTRUCTION BY THE CITY
Section A. Contract Award and Construction
The City shall receive bids and award a construction contract to the
lowest responsible bidder, subject to concurrence by the State in
that award, in accordance with State-approved City plans,
specifications and special provisions designated by the City as City
Project No. 00-04 and by the State as State Project No. 2706-204
(T.H. 7=012). The contract construction shall be performed in
accordance with State-approved City plans, specifications and special
2
83226
prov1s1ons which are on file in the office of the City's Engineer,
and are made a part hereof by reference with the same force and
effect as though fully set forth herein.
Section B. Documents to be Furnished to the State
The City shall, within 7 days of opening bids for the construction
contract, submit to the State's District Engineer at Roseville a copy
of the low bid and an abstract of all bids together with the City's
request for concurrence by the State in the award of the construction
contract. The City shall not award the construction contract until
the State advises the City in writing of its concurrence therein.
.
Section C. Cancellation of Agreement
Each party to this Agreement reserves the right to withdraw from and
cancel this Agreement within 30 days after the opening of bids if
either party determines any or all bids to be unsatisfactory. Either
party serving a written notice thereof upon the other shall
accomplish withdrawal from or cancellation of the Agreement.
.
Section D. Direction, Supervision and Inspection of Construction
The contract construction shall be under the direction of the City
and under the supervision of a registered professional engineer;
however, the contract construction shall be open to inspection by the
State's District Engineer at Roseville or his authorized
representatives. The City shall give the District Engineer five days
notice of its intention to start the contract construction.
Responsibility for the control of materials for the contract
construction shall be on the City and its contractor and shall be
carried out in accordance with Specifications No. 1601 through and
including No. 1609 as set forth in the State's current "Standard
Specifications for Construction".
3
83226
...
Section E. Completion of Construction
The City shall cause the contract construction to be started and
completed in accordance with the time schedule in the construction
contract special provisions. The completion date for the contract
construction may be extended, by an exchange of letters between the
appropriate City official and the State District Engineer's
authorized representative, for unavoidable delays encountered in the
performance thereof.
Section F. Plan Changes, Etc.
All changes in the plans, specifications and special provisions for
the contract construction and all addenda, change orders and
supplemental agreements entered into by the City and its contractor
for contract construction must be approved in writing by the State
District Engineer's authorized representative.
.
Section G. Compliance with Laws, Ordinances and Regulations
The City shall, in connection with the award and administration of
the construction contract and the performance of the contract
construction, comply and cause its contractor to comply with all
Federal, State and Local laws, and all applicable ordinances and
regulations. .
Section H. Right-of-Way, Easements and Permits
The City shall, without cost or expense to the State, obtain all
rights-of-way, easements, construction permits and any other permits
and sanctions that may be required in connection with the contract
construction. The City shall, cause the permanent closure of the
access from T.R. 7 to Freeman Park. The existing shared access shall
be modified to accommodate only the existing private residential
driveway.
Prior to advance payment by the State, the City shall furnish the
State with certified copies of the documents for those rights-of-way
4
83226
and easements, and certified copies of those construction permits and
other permits and sanctions required for the contract construction.
ARTICLE II - PAYMENT BY THE STATE
The State shall advance to the City, as the State's full and complete
share of the costs of the access modification, parking lot, storm
sewer and bituminous trail construction and associated construction
engineering to be performed upon, along and adjacent to Trunk Highway
No. 7 at Freeman Park within the corporate City limits under State
Project No. 2706-204 (T.H. 7=012), a lump sum in the amount of
$75,600.00 or the total cost of the contract construction as shown in
the awarded contract bid document, whichever amount is smaller.
.
The State shall advance to the City the lump sum amount after the
following conditions have been met:
A. Encumbrance by the State of the State's full and complete lump
sum cost share.
B. Receipt by the State from the City of certified documentation for
all of the right-of-way and easement acquisition required for the
contract construction, and the approval of that documentation by
the State's Land Management Director at St. Paul.
.
C. Execution and approval of this Agreement and the State's
transmittal of it to the City. If execution and approval of this
Agreement does not constitute concurrence by the State in the
award of the construction contract, a letter advising the City of
the State's concurrence in the award of the construction contract
shall accompany the City's copy of this Agreement.
D. Receipt by the State of a written request from the City for the
advancement of funds. The request shall include certification by
the City that all necessary parties have executed the
construction contract.
5
83226
ARTICLE III - CONSTRUCTION DOCUMENTS FURNISHED BY THE CITY
The City shall keep records and accounts that enable it to provide
the State, when requested, with the following:
A. Copies of the City contractor's invoice(s) covering all contract
construction.
B. Copies of the endorsed and canceled Citywarrant(s) or check(s)
paying for final contract construction, or computer documentation
of the warrant(s) issued, certified by an appropriate City
official that final construction contract payment has been made. ~
C. Copies of all construction contract change orders and
supplemental agreements.
D. A certification form, provided by the State, signed by the City's
Engineer in charge of the contract construction attesting to the
following:
1. Satisfactory performance and completion of all contract
construction in accordance with State-approved City plans, ~.
specifications and special provisions. ~
2. Acceptance and approval of all materials furnished for the
contract construction relative to compliance of those
materials to the State's current "Standard Specifications for
Construction" .
3. Full payment by the City to its contractor for all contract
construction.
E. Copies, certified by the City's Engineer, of material sampling
reports and of material testing results for the materials
furnished for the contract construction.
6
~
.
.
83226
F. A copy of the "as built" plan sent to the State's District
Engineer.
ARTICLE IV - GENERAL PROVISIONS
Section A. Replacement of Castings
The City shall furnish its contractor with new castings and parts for
all inplace City-owned facilities constructed hereunder when
replacements are required, without cost or expense to the State.
Section B. Maintenance by the City
Upon satisfactory completion of the roadway, parking lot and
bituminous trail construction to be performed within the corporate
City limits under the construction contract, the City shall provide
for the proper maintenance of the roadway, parking lot and bituminous
trail and all of the facilities a part thereof, without cost or
expense to the State. Maintenance shall include, but not be limited
to, snow, ice and debris removal, resurfacing and seal coating and
any other maintenance activities necessary to perpetuate the roadway,
parking lot and bituminous trail in a safe and usable condition.
Upon satisfactory completion of the storm sewer facilities
construction to be performed within the corporate City limits under
the construction contract, the City shall provide for the proper
maintenance of those facilities, without cost or expense to the
State.
Upon satisfactory completion of the walkways construction to be
performed within the corporate City limits under the construction
contract, the City shall provide for the proper maintenance of the
walkways, without cost or expense to the State. Maintenance shall
include, but not be limited to, snow, ice and debris removal and any
other maintenance activities necessary to perpetuate the walkways in
a safe and usable condition.
7
'..
83 22 6'
Section C. Additional Drainage
Neither party to this Agreement shall drain any additional drainage
into the storm sewer facilities to be constructed under the
construction contract, that was not included in the drainage for
which the storm sewer facilities were designed, without first
obtaining permission to do so from the other party. The drainage
areas served by the storm sewer facilities constructed under the
construction contract are shown in a drainage area map, EXHIBIT
"Drainage Area", which is on file in the office of the State's
District Hydraulics Engineer at Roseville and is made a part hereof
by reference with the same force and effect as though fully set forth
herein.
.
Section D. Future Responsibilities
Upon satisfactory completion of the Parking lot, roadway, bituminous
trail, storm sewer and walkway construction to be performed within
the corporate City limits under the construction contract, the City
shall thereafter accept full and total responsibility and all
obligations and liabilities arising out of or by reason of the use,
operation, maintenance, repair and reconstruction of those items and
all of the facilities a part thereof constructed hereunder, without
cost or expense to the State.
.
Section E. Examination of Books, Records, Etc.
As provided by Minnesota Statutes Section 16C.05, subdivision 5, the
books, records, documents, and accounting procedures and practices of
each party relevant to this Agreement are subject to examination by
each party, and either the legislative auditor or the state auditor
as appropriate, for a minimum of six years from final paYment.
8
.
}
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83226
Section F. Claims
Each party is responsible for its own employees for any claims
arising under the Workers Compensation Act. Each party is
responsible for its own acts, omissions and the results thereof to
the extent authorized by law and will not be responsible for the acts
and omissions of others and the results thereof. Minnesota Statutes
Section 3.736 and other applicable law govern liability of the State.
Minnesota Statutes Chapter 466 and other applicable law govern
liability of the City.
Section G. Nondiscrimination
~ The provis~ons of Minnesota Statutes Section 181.59 and of any
applicable law relating to civil rights and discrimination shall be
considered part of this Agreement as if fully set forth herein.
Section H. Agreement Approval,
Before this Agreement shall become binding and effective, it shall be
approved by a City Council resolution and receive approval of State
and City officers as the law may provide in addition to the
Commissioner of Transportation or his authorized representative.
~
ARTICLE V - AUTHORIZED AGENTS
The State's Authorized Agent for the purpose of the administration of
this Agreement is Maryanne Kelly-Sonnek, Municipal Agreements
Engineer, or her successor. Her current address and phone number are
395 John Ireland Boulevard, Mailstop 682, St. Paul, MN 55155,
(651) 296-0969.
The City's Authorized Agent for the purpose of the administration of
this Agreement is Larry Brown, City Engineer/Public Works Director,
or his successor. His current address and phone number are 5755
Country Club Road, Shorewood, MN 55331, (952) 474-3236.
9
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~
83226
IN TESTIMONY WHEREOF the parties have executed this Agreement by their
authorized officers.
STATE ENCUMBRANCE VERIFICATION
DEPARTMENT OF TRANSPORTATION
Individual certifies that funds have been encumbered
as required by Minn. Stat. SS 16A.1S and 16C.05.
Recommended for approval:
By
By
District Engineer
Approved:
Date
By
State Design Engineer
MAPS Encumbrance No.
Date
.
CITY OF SHOREWOOD
COMMISSIONER OF ADMINISTRATION
By
As delegated to Materials Management Division
Mayor
By
Date
Date
By
OFFICE OF THE ATTORNEY GENERAL
Title
Approved as to form and execution:
Date
By
.
Date
00000000000000000000000000000000000000000000000
This Agreement was acknowledged before me this
day of
, 2002,
by
and
(Name)
(Name)
the Mayor and
of the City of Shorewood.
(Title)
Notary Public
My Commission Expires
10
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CITY OF SHOREWOOD
.
RESOLUTION NO. 02-_
A RESOLUTION AUTHORIZING THE MAYOR AND
CITY ADMINISTRATOR TO ENTER INTO A COOPERATIVE
AGREEMENT, CITY PROJECT 00-04
S.P. 2706-204 FREEMAN PARK DRIVEWAY CLOSURE, PARKING LOT
IMPROVEMENTS AND APPURTENANT WORK
WHEREAS, on June 10, 2002 the City Council of the City of Shorewood
adopted Resolution 02-053 which approved Plans, Specifications, and Estimates, and
Authorized Advertisement for bids for Freeman Park Driveway Closure, Parking Lot
improvements and appurtenant work, City Project 00-04.
.
WHEREAS, the Minnesota Department of Transportation has prepared a
Cooperative Agreement which outlines the responsibilities and financial obligations for
the City of Shorewood and the Minnesota Department of Transportation for said
Improvement; and
WHEREAS, the City Engineer has reviewed said Cooperative Agreement and
found it to be in order.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Shorewood as follows:
1. That the Mayor and City Administrator, on behalf of the City of
Shorewood, are hereby authorized to enter into MN/DOT Agreement
No. 2706-204, attached hereto as Exhibit A, with the State of Minnesota,
Department of Transportation for the following purposes:
.
a.
To provide for payment by the State to the City of the State's share
Of the costs of the design services, for access closure and parking
lot improvements construction to be performed in Freeman Park
under State Project No. 2706-204 (Freeman Park).
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD
this 8th day of July, 2002.
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:
.
DATE:
RE:
Glen Road Drainage
For the second time in two months, the Public Works Department has been called to Jim and Diane
Buranen's residence located at 24735 Glen Road to clear an obstruction in the drainage system which
serves this property (refer to Attachment.l). This was necessary for the high water condition in the
rear of their property that was jeopardizing their residence.
The tile line that serves this area consists of several pieces of tile and appurtenances that extend from
the subject residence, across the public right of way, of Glen Road and along the east property
boundary of24710 Glen Road. Attachment 1 depicts an approximate location of the inajor elements
of the drainage system.
.
Attachment 2 is a letter of petition from Jim and Diane Buranen, property owners of 24735 Glen
Road. This letter is requesting that the City of Shorewood install a "permanent fix" for the drainage
system.
For the reference, the following are observations regarding the existing drainage system.
L Attachment 3 is an excerpt from the aerial topography taken in 1966. This indicates that the area
prior to the subject residence being constructed was a detention area.
2. The existing drainage system is a system of many parts. This system has a tributary area of 15.9
acres (refer to Attachment 4). It appears that the system on the Buranen's property is a "home-
made" system and is broken at the upstream end. It is suspect that this end of the system
provided the entrance of dirt and debris into the pipe causing obstructions.
3. During the first round of clearing the obstructed line, Public Works dug down and broke into the
pipe adjacent Mr. Joe Lugowski's property located at 24710 Glen Road. A temporary access pipe
was placed until such time as a permanent structure could be located.
ft
\,.1 PRINTED ON RECYCLED PAPER
#a6.
.
,
Mayor and City Council
Glen Road Drainage
July 3,2002
Page 2 of2
4. During the second round of clearing the line, it was determined that ajoint separation or partial
collapse has occurred in the pipe under the roadway structure.
5. The Buranens recently had a contractor install two 4-inch diameter shallow pipes to drain from
the back yard to the existing drain opening in the front of their property. This was done in
conjunction with grading to construct a detention basin.
Under any scenario, it is necessary to restore the pipe where the initial excavation was performed. In
addition, exploration and repairs within the Glen Road pavement will also have to be performed.
.
To perform this excavation in the road, it will be necessary to close Glen Road for one day. Staffhas
reviewed this project and determined that it would be cost effective to install a manhole structure in
this location, while the roadway is under excavation. This will allow future access for jetting the line.
While Public works performed the initial excavation, the Department does not possess the large track
hoe required to install this type of structure. As such, Staff has contacted a reputable contractor to
submit a quote for the repairs and placement of the manhole structure. At the time of this report, a
quote had not been received. It is hopeful that this can be obtained by Monday night's City Council
meeting.
It is anticipated that the total cost for the manhole and pipe repairs will range between $10,000-
$12,000. While diminishing in reserves, the stormwater management fund will support the
expenditure.
.
Aside from this issue, is the question oflong term operations. While the proposed manhole will
provide access for jetting, it is suspected that the portions of the drain outside the right of way are in
disrepair. To date, the City has been very clear that these are not utilities that are built to a standard
that can be maintained, nor have proper utility easements been dedicated for such a utility.
It would appear from the Buranen's letter, that their desire is to install an access within the roadway,
and let the drainage system stand in its current condition. While this may be attempted on a trial
basis, jetting the system each time that heavy rains impact the system is neither cost effective or
practical over the long term.
Recommendation
It is anticipated that Staff will present a quote for the placement of a manhole structure in Glen Road
and repairs to the existing pipe at Monday's meeting. If obtained in time and found to be in order,
Staffwill be seeking authorization for expenditure offunds from the stormwater management fund
for said improvements.
.
*
.
Buranen
Property
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__1M .Ol, CITY OF DA1t: 'i.x/xx/n NO. NO;: """" SHOREVlDDD, MINNESOT A ATTACHMENT 4
xxx ,"/__/n SHORE\VOOD
f4
.
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 cb
Craig W. D. awson, City Administrator .
July 3, 2002
South Concession Building in Freeman Park
.
At its June 24 meeting, the City Council requested information regarding the operations by South
Tonka Little League at the south concession building in Freeman Park. In particular, the Council
wished to know what responsibilities or liabilities the City may have regarding the operations and
operators of the concessions.
We scoured the files and found the following documents and history of this building:
1) The building was constructed per a CUP approved by the Council on February 8, 1993
(Resolution No. 26-93). Key understandings in the Whereas clauses of the resolution were:
. South Tonka Little League could construct a building "to be used for maintenance and
equipment storage and occasional concession sales for the southerly baseball fields, ..."
. The building "will be donated to the City of Shore wood."
.
2) In a letter dated February 11, 1996, the president of South Tonka Little League, David
Steinkamp, the building was officially donated to the City of Shorewood.
.STLL asserted it retained exclusive use of the building.
. Shorewood would be responsible to maintain the outside of the building, including the
insurance coverage deemed necessary.
. STLL would be responsible to maintain the inside of the building, including the insurance
coverage deemed necessary.
. Utility bills would be paid by STLL.
3) The City receives utility bills for this building, and sends an invoice to STLL for repayment.
4) The City insures the building. LMCIT premiums are:
*
*
Building
Contents
$32,338 value
$ 1,293 value
$458 annual premium
$ 17 annual premium
Apparently, we do not have any keys for entry to the building.
ft
~J PRINTED ON RECYCLED PAPER
1l"'b~
South Concession Building in Freeman Park
July 8, 2002, City Council Meeting
Page Two
City Attorney Position:
City Attorney Tim Keane has reviewed the situation and recommends (in the attached memorandum)
that the City develop an agreement with South Tonka Little League addressing:
. Insurance
. Indemnification
. Operational issues of the facility in a City park
. Delineation of rights and responsibilities of the parties
In discussion with the City Attorney, he expressed concerns that the City may be ultimately
responsible for what is occurring with this operation.
RECOMMENDATION:
Staff recommends that the Council direct the preparation of an agreement with South Tonka
Little League in accordance with the City Attorney's recommendation.
'v'
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..
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.
MEMORANDUM
LARKIN, HOFFMAN, DALY & LINDGREN, LTD.
Attorneys at Law
1500 Wells Fargo Plaza
7900 Xerxes Avenue South
Bloomington, Minnesota 55431
Telepnone: (952) 835-3800
FAX: (952) 896-3333
TO:
Mayor Woody Love
Members of the City Council
Craig Dawson, City Administrator
FROM:
DATE:
RE:
Timothy J. Keane
July 3, 2002
South Tonka Little League Concession Building-Freeman Park
This memorandum is in response to your inquiry relating to the operation of the South Tonka
Little League Concession Building at Freeman Park.
In 1993, the City approved a conditional use permit for the construction of a concession building
by South Tonka Little League Baseball Organization of a concession building for sales of
concessions to park patrons in Freeman Park. Based upon review of the file and conditional use
permit relating to the project, it is my understanding that no operational agreement exists
between South Tonka Little League and the City of Shore wood for the operation of the facility.
In the absence of such an agreement, I have concerns relating to insurance, indemnification,
operational issues of the concession facility in a city park and delineation of the rights and
responsibilities between the parties. It is my strong recommendation the City of Shorewood
enter into an agreement with the South Tonka Little League Baseball Organization to address the
above-referenced issues.
Should you have any questions relating to the foregoing, please contact me at 952-896-3203.
779265.1