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052802 CC Reg AgP <~ ~~ .. CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING TUESDAY, MAY 28, 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 May 13, 2002 (Att.-#2A 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 Contract for Recording Secretary Services (Att-#3B Deputy Clerk's memorandum) C. Approval of a Temporary Gambling License (Att.-#3C Deputy Clerk's memorandum) D. Approval of the Recycling Grant Agreement with Hennepin County Environmental Services (Att.-#3D Deputy Clerk's memorandum) E. Sign Permit - Waterford Plaza (Att-#3E Planning Director's Memorandum) Applicant: Location: Signart Co. Inc., (on behalf ofWaterford Center, L.L.P.) 19905 Highway 7 F. Sign Permit - Southshore Community Park (Att.#3F Planning Director's Memorandum) Applicant: Location: Tonka Signcrafters, (on behalf of Shorewood Park Foundation) 5355 St. Alban's Bay Road ... .. .. 1 CITY COUNCIL AGENDA - MAY 28, 2002 PAGE20F3 G. Sign Permit - Shorewood Market (Att.-#3G Planning Director's Memorandum) Applicant: Location: Ford Thatcher 5680 County Road 19 H. Amendment to the Curb Side Pick-up Start Time for Spring Clean-Up (Att-#3H Deputy Clerk's memorandum) 1. Setting the Date for a Budget Work-session (Att-#3I Finance Director's Memorandum, 2003 Budget Schedule) 4. MATTERS FROM THE FLOOR (No Council action will be taken.) s. PRESENTATIONS AND REPORTS A. Mound Fire Department Annual Report (Att-#5A Administrator's memorandum) 6. PARKS - Report by Representative A. Report on Park Commission Regular and Work Session Meetings Held May 14, 2002 (Att.-#6A Draft Minutes) 7. PLANNING - Report by Representative A. C.U.P. and Setback Variance - Little League Dugouts - Freeman Park (Att.#7A Planning Director's Memorandum) Applicant: Location: South Tonka Little League Association Freeman Park, 25800 Highway 7 B. C.U.P. for Accessory Space over 1200 Square Feet (Att.#7B Planning Director's Memorandum) Applicant: Location: Dick and Arnette Lindeen 28005 Boulder Bridge Drive 8. GENERAL A. Xcel Energy Undergrounding Projects (Att.-#8A Administrator's memorandum) 9. ENGINEERINGIPUBLIC WORKS A. Authorization for Engineering proposal for Smithtown Road Improvement Project (Att.-#9A Public Works Director's memorandum) + ~ \ ' 1 CITY COUNCIL,AGENDA - MAY 28, 2002 PAGE30F3 10. REPORTS A. Administrator & Staff 1. Gideon Glen 2. County Road 19 Intersection B. Mayor & City Council 11. ADJOURN . . . CITY OF SHOREWOOD REGULAR COUNCIL MEETING May 28, 2002 PUBLIC SIGN-IN SHEET For the record, please print your name and address below. Thank you. Name Address U4-l1'qh~f LAvv ff~lrt<1t. MN~l~( R ~ y~~ . cr-j--e~ ~)O 1 Cu 7dMAf'J ~ <;:' l c:\. L~ 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. '" . -- ".i ~. CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236 FAX (952) 474-0128 · www.cLshorewood.mn.us · cityhall@cLshorewood.mn.us Executive Summary Shorewood City Council Regular Meeting Tuesday, 28 May 2002 Agenda Item #3A: Enclosed is the Verified Claims List for Council approval. Agenda Item #3B The current Recording Secretary Service Contract dates back to November 1999 for Sally Keefe and July 2000 for Kristi Anderson. During this 2-1/2 year time period, the contract has remained unchanged. Staff recently received a request from Recording Secretary Sally Keefe to consider an increase in the base rate for recording secretary services. The requested increase is in line with what exists in the current market, and sufficient funds are available in the 2002 Budget to.cover the increase effecti ve June 1, 2002. Staff recommends approval of the revised Contract for Recording Secretary Services effective June 1,2002. Agenda Item #3C: This resolution approves a temporary Gambling permit for The Storefront Group for Monday, July 15, 2002 at the Minnetonka Country Club. The proceeds from the raffle will be used to benefit Storefront Group clients with financial hardship. Agenda Item #3D: Earlier this year, the City submitted the annual application for a Municipal . Recycling Grant. The City is now in required to submit the 2002 Municipal Recycling Grant Agreement with Hennepin County to receive its 2002 grant in the amount of $23,690. A motion approving the 2002 Municipal Recycling Grant Agreement and authorizing the Mayor and City Administrator to execute the Agreement is in order. Agenda Item #3E: Waterford Plaza has applied for a permit to replace their existing pylon sign at 19905 State Highway 7. They also wish to place a shopping center logo oneach of the gable features on the front of the center. Approval of the permit is recommended. Approval requires a simple majority vote by the Council. Agenda Item #3F: Tonka Signcrafters, on behalf of the Shorewood Park Commission, has submitted plans for a park identification sign at the South Shore Community Park on St. Alban's Road. The plan is consistent with the Shorewood Zoning Code and approval is recommended. A simple majority vote by the Council is required. Agenda Item #3G: At the last meeting a sign permit for the new Shorewood Market (former Total Gas station) was continued pending resolution of the nonconforming billboard on n ~J PRINTED ON RECYCLEO PAPER Executive Summary - City Council Meeting of 28 May 2002 Page 2 of3 the site. The American Legion has directed the billboard company to remove the sign by 30 June 2002. Based on our experience with billboard companies, the City Attorney has suggested that the sign installation be contingent upon the removal of the billboard. This approval requires a simple majority vote by the Council. ~ r \ . Agenda Item #3H: The existing City Code on Spring Cleanup states that curbside pick-up items must be at the curb by 8:00 a.m. For the past several years, the curbside pick-up has actually been 7:00 a.m., the time that the City's contractor for Spring Cleanup begins working. The City also advertises 7:00 a.m. as the curbside pick-up time. To be consistent with the current operation, Council is requested to approve an ordinance amending the Spring Cleanup Curbside pick-up time from 8:00 a.m. to 7:00 a.m. Agenda Item #31: It is time to begin the 2003 budget preparation and staff recommends that the City Council set a budget goals work-session date of June 24,2002, immediately following the regular City Council meeting. A simple motion is all that is required to set this date. Agenda Item #5A: Fire Chief Greg Pederson will be present this evening to give his annual report to Council on the Mound Fire Department activities. . Agenda Item #6A: The Park Commission representative will report on the May 14, 2002 Park Commission Regular and Work Session meetings. Agenda Item #7 A: The Planning Commission has recommended in favor of a conditional use permit and a setback variance for South Tonka Baseball to erect canvas awnings over the dugout areas on Fields 1 and 2 in Freeman Park. The Park Commission also voted in favor of the proposal. Please note that the staff report for this item says that the awnings would be in place for three months. At the applicant's request the Planning Commission agreed to 1 April to 31 October. Approval of this item requires a simple majority vote by the Council. Agenda Item #7B: Dick and Arnette Lindeen have requested a conditional use permit for . accessory space in excess of 1200 square feet for their property at 28005 Boulder Bridge Drive. The Planning Commission agreed with staff's recommendation on this matter and vote unanimously to recommend in favor of the C.u.P. Approval by the Council requires a simple majority vote. Agenda Item #8A: In January 2002, the City Council adopted an ordinance requiring utility lines to be placed underground when they are newly installed or replaced. Keel Energy has a service upgrade project scheduled in the very near future along Smithtown Road south of Boulder Bridge. Under rulings about to be finalized by the Minnesota Public Utilities Commission, Keel is not required to pay for the cost of undergrounding; rather, the City itself or the ratepayers in the City will pay a surcharge for the incremental cost to place facilities underground. The staff memorandum outlines several policy issues that the Council will need to consider with the instant request. Staff recommends that Keel's Smithtown Road/Boulder Bridge project be installed underground. t . . . Executive Summary - City Council Meeting of 28 May 2002 Page 3 of3 Agenda Item #9A: WSB and Associates has submitted an Engineering Design Proposal from WSB and Associates, Inc. for the Smithtown Road Rehabilitation Project. The proposal for this service has been submitted as $49,800, or 4.8% of the estimated construction cost. Staff is recommending that the proposal submitted by WSB and Associates be accepted. . . CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, MAY 13, 2002 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING DRAFT , ,/', Mayor Love called the meeting to order at 7:00 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. Engineer Brown requested Item 9A be deleted from the Agenda for the evening. Councilmember Zerby requested Item 3D be removed from the Consent Agenda for further discussion and consideration and moved to Item 8D. Lizee moved, Garfunkel seconded, Approving the Agenda as amended. Motion passed 5/0. 2. APPROVAL OF MINUTES A. Board of Review Meeting, April 22, 2002 Turgeon moved, Garfunkel seconded, Approving the Board of Review Meeting Minutes of April 22, 2002, as presented. Motion passed 4/0/1, with Zerby abstaining due to absence at that meeting. B. City Council Regular Meeting, April 22, 2002 Lizee moved, Garfunkel seconded, Approving the City Council Regular Meeting Minutes of April 22, 2002, as presented. Motion passed 4/0/1, with Zerby abstaining due to absence at that meeting. C. City Council Work Session Meeting, April 22, 2002 Garfunkel moved, Turgeon seconded, Approving the City Council Work Session Meeting Minutes of April 22, 2002, as presented. Motion passed 4/0/1, with Zerby abstaining due to absence at that meeting. D. City Council Special Meeting, April 30, 2002 Zerby moved, Lizee seconded, Approving the City Council Special Meeting Minutes of April 30, 2002, as presented. Motion passed 5/0. ::ff~" REGULAR CITY COUNCIL MEETING MINUTES May 13, 2002 Page 2 of 8 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. 02-038. "A Resolution Approving an Intoxicating Liquor License On-Sale Intoxicating Liquor and Special Sunday Sales - Minnetonka Country Club." C. Adopting RESOLUTION NO. 02-039, "A Resolution Approving an Intoxicating Liquor License Sunday and Club for the American Legion Post #259." D. Approval of the Agreement with Minnetonka Public Schools Community Education and Services for Lifeguard Services for Crescent Beach (This item was removed from the Consent Agenda and moved to Item 8D for further discussion and consideration.) . E. Adopting RESOLUTION NO. 02-040. "A Resolution Authorizing Advertisement for Bids for Seal Coating." F. Appeal for Additional Time to Comply with Notice to Remove Appellant: Randy Carter Location: 26550 Smithtown Road G. Authorization to Enter into a Contract for Codification Services H. Approval of Position Descriptions for Concession Supervisor and Concessionaire I. Adopting RESOLUTION NO. 02-041, "A Resolution Approving the Permanent Appointment of Boyd Bailey as Engineering Technician ill." . J. Adopting RESOLUTION NO. 02-042, "A Resolution Approving the Permanent Appointment of Terry "Red" Tower as Light Equipment Operator." Motion passed 5/0. 4. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 5. PRESENTATIONS A. Presentation by the Legacy Foundation Michael Reichart, of the Legacy Foundation, thanked Council for the opportunity to provide information on the Legacy Foundation to the Council. Mr. Reichart explained the mission of the Legacy Foundation was to adopt significant lake-area projects that enhance its livability by providing the leadership, vision, REGULAR CITY COUNCIL MEETING MINUTES May 13, 2002 Page 3 of 8 and ability to marshal the diverse resources available. In addition the Legacy Foundation would exist to coordinate the necessary inter-jurisdictional approvals and support that were necessary for successful completion of each endeavor. Further, he explained the challenge to each endeavor was to make sure it was consistent with the heritage of the lake area; would further the preservation of the assets the area has to offer; and would, in some way, benefit every resident and visitor, as well as being aesthetically pleasing, environmentally correct, an unequivocal improvement to the entire lake community, and be done within a carefully managed budget. Mayor Love thanked Mr. Reichart for his presentation, noting the goals of the Foundation seemed to mirror those of the Council with regard to blending recreational areas and public services, and to the extent possible, looking for common goals. He stated he appreciated the involvement of the private sector, as he believed it the only way possible to move forward in these endeavors. . Councilmember Zerby questioned the status of The Commons project in Excelsior. Mr. Reichart explained the Foundation had undertaken the project of generating consensus regarding revitalizing The Commons. He stated there was consensus for improving the visitor access to the business district and The Commons by boat, and providing dockage for local City residents wanting to dock boats near The Commons. Further, the project included focusing on accommodating visitors to the Excelsior business district. He noted the project also provided the opportunity to work with other lake area cities to provide better access to cities from the lake. Councilmember Zerby also questioned whether plans had been made to meet with the City's Park Commission. Mr. Reichart stated it was important to seek consensus among the communities and work together to support efforts for the lake area. He stated he would contact Administrator Dawson to set up a meeting with the Park Commission regarding appropriate projects of the Legacy Foundation. Mr. Reichart thanked the Council for its questions and input regarding future projects for the Foundation. 6. PARKS A. Report on Park Commission Meeting Held April 23, 2002 . Commissioner Meyer reported on matters considered and actions taken at the April 23, 2002, Park Commission Meeting (as detailed in the minutes of that meeting). Mayor Love commented he was concerned for the implementation of a "dog park" in the City as there was limited green space in the City, and he wanted to be sure all user groups were being benefited by the City's park system. Councilmember Zerby questioned whether interviews had been conducted by the City consultant regarding the Master Plan for the City Parks. Engineer Brown explained that had not been part of the expectation from the consultant. Councilmember Zerby stated he was concerned revisions were being made to the current Master Plan for the Parks with out having a long-range vision from the users of the parks. Park Commission Chair Arnst was in the audience and stated that information was being collected by the Park Commission and would be available in the fall of this year. Councilmember Turgeon encouraged the Park Commission to keep an open mind when considering all options in planning for needs of all user groups within the City parks. She also stated she was very excited the Park Commission was working on a Master Plan for the City parks that would benefit residents into the future. REGULAR CITY COUNCIL MEETING MINUTES May 13, 2002 Page 4 of8 B. Accepting Business Plan for "The Depot" at Eddy Station Engineer Brown explained a business plan had been developed for a concession stand located within Eddy Station in Freeman Park. He stated the stand had been named "The Depot", reflecting the local history of Eddy Station and the nearby area. He reviewed demographics of current park users, the potential products to be sold, required equipment, labor costs, and fmancial considerations for starting a business such as this one. Councilmember Lizee stated the submitted proposal was terrific in its detail for the proposed concession stand. She noted it was exciting to see the amount of detail included in the business report and marketing aspects of the proposal. Further, she noted the research indicated it would be a good endeavor, and she stated she would like to see the concession stand open for business as soon as possible. Mayor Love stated he thought it wonderful, but was concerned for the lack of listing all overhead costs in the start,.up phase of the stand. Councilmember Zerby also stated he thought it was a great report. In addition, he questioned potential risks and liabilities, security at the site, and possible conflicts with other planned events. Councilmember Garfunkel suggested the stand be open on Sundays, in addition to other days of the week. . Turgeon moved, Lizee seconded, to Accept the Business Proposal and give the project the highest priority in implementation. Motion passed 5/0. 7. PLANNING Commissioner Woodruff reported on matters considered and actions taken at the May 7, 2002, Planning Commission Meeting (as detailed in the minutes of that meeting). A. Temporary Sign Permit - Shorewood Market (a.k.a. ICO, a.k.a. Total Gas) Applicant: Ford Thatcher Location: 5680 County Road 19 Administrator Dawson explained, in the absence of Director Nielsen, the next two items were related to the same property. He explained the applicant intended to reopen the formal Total Gas station/convenience store at 5680 Manitou Road and had requested approval of sign permits for the site. . In order to open in the next week, the applicant was requesting a temporary sign permit for a 3' x 8' banner. B. Sign Permit - Shorewood Market Applicant: Ford Thatcher Location: 5680 County Road 19 With regard to the permanent signage being requested, Administrator Dawson explained the matter became more complex. The sign the applicant proposed complied with size and quantity requirements of the Zoning Code. This site was allowed to have three signs, one of which could be freestanding. The applicant proposed two wall signs to be located on the west side of the building as well as use of the existing freestanding pylon sign structure located in the southeast comer of the site. Administrator Dawson noted the complicating issue was the nonconforming billboard on the site. Director Nielsen had recommended that any approval of the permanent sign permit be subject to the removal of the billboard within 30 days as directed to the billboard company in a letter from the American Legion, as the Legion had entered into a prior lease agreement with the billboard company regarding this signage. Further, REGULAR CITY COUNCIL MEETING MINUTES May 13, 2002 Page 5 of 8 Director Nielsen had noted the new signs could not be erected until the City would receive a copy of that letter. Administrator Dawson noted this issue remained unresolved as of this date. Zerby moved, Garfunkel seconded, Approving the Temporary Sign Permit, and to continue consideration of the Sign Permit for permanent signage to May 28, 2002, for Ford Thatcher, of Shorewood Market, 5680 County Road 19. Motion passed 5/0. 8. GENERAL A. Amendment to the Joint Powers Agreement for Excelsior Fire District . Administrator Dawson explained in August, 2000, three years of work culminated in the establishment of the Excelsior Fire District as the mayors of the five cities signed the Joint Powers Agreement that created it. In setting up the new organization, one of the key matters for the City of Excelsior was the commitment of all the cities to providing new facilities for the Fire Department in a relatively short timeframe. Duration and Dissolution of this district was to take place by December 31, 2002, should a Capital Improvement/Finance Plan not be adopted by July 1, 2002. Administrator Dawson explained that the City of Excelsior had proposed, and the EFD Board had had recommended approval of, an amendment at this time due to the currently proposed schedule for construction of the Joint Public Safety Facility. Garfunkel moved, Turgeon seconded, Adopting RESOLUTION NO. 02-043, "A Resolution Approving the First Amendment to the Excelsior Fire District Joint Powers Agreement." Motion passed 5/0. B. Establishing Polling Locations for the 2002 Elections Administrator Dawson explained the City must adopt a resolution establishing the location of the polling locations for each voting precinct by June 11, 2002 for the 2002 Elections. He stated the following locations would be used as polling sites with a site needing to be determined for Ward 3, Precinct 1. . Ward I, Precinct 1: Ward 1, Precinct 2: Ward 2, Precinct 1: Ward 4, Precinct 1: LaBore Residence, 4445 Enchanted Point Minnewashta Church, 26710 W. 62nd Street City Hall, 5755 Country Club Road Excelsior Covenant Church, 19955 Excelsior Blvd. With regard to Ward 3, Precinct 1, Administrator Dawson stated three possible polling sites had been determined. Of the three sites visited by Staff, he noted the Excelsior United Methodist Church seemed particularly suitable, as it was more centrally located within the precinct. Lizee moved, Zerby seconded, Adopting RESOLUTION NO. 02-044, "A Resolution Approving Polling Locations for the City of Shorewood." Motion passed 5/0. In response to Councilmember Turgeon's question, Administrator Dawson explained, voters would be notified by mail, newsletter, newspaper, and via the City's web site about the new polling locations within the City. REGULAR CITY COUNCIL MEETING MINUTES May 13, 2002 Page 6 of8 C. Discussion on Public Safety Facilities Administrator Dawson reviewed progress made on the Public Safety facilities to this point in time, noting the governing boards of the Excelsior Fire District (EFD) and South Lake Minnetonka Police Department (SLMPD) endorsed the fire and police facilities, with the understanding continued efforts be made to reduce the anticipated cost of the plans. A Joint Work Session of the five City Councils was convened on May 1, 2002, in order to present the proposal recommended by the governing boards. Through May 14, 2002, each individual City Council would discuss the proposed project. As part of this discussion, the Councils were expected to provide direction to their representative on the public safety governing boards about any changes, parameters, or conditions believed appropriate regarding the project. He also noted the building budget must be approved by June 14,2002, for construction to begin by November 1,2002. Administrator Dawson then briefly reviewed the financing for the project explaining this fmancing would be secured through the Shorewood Economic Development Authority (EDA), with the use of lease revenue financing. He explained the project costs were based upon the current funding formula and upon 100% ad valorem in 2010, as called for in the Joint Powers Agreement. Next, Administrator Dawson reviewed procedural matters for the EFD and SLMPD, as well as the Cities of Shorewood and . Deephaven, and the Shorewood EDA. Administrator Dawson noted the presence ofEFD Chief DuCharme and SLMPD Chief Litsey at tonight's meeting for presentations and questions. Chief Litsey reviewed the history of the planning process for the Public Safety Facility, the police station, and the need for partnering with the EFD. In addition, he reviewed the proposed plans for the site as well as advantages to the proposed layout of the facility demonstrating space needs and potential for future use within the building. Chief DuCharme stated the EFD had been assigned the task of designing a fire station that would meet the needs of the community many decades into the future. He explained the proposed design included plans that would allow the EFD to comply with mandated criteria and activities as well as preserve the character of the surrounding neighborhood. He also noted the challenges to the existing topography of the site in the design process. He then reviewed the proposed layout of the EFD portion of the building. Mayor Love stated he appreciated the cost analysis that had been prepared for the project, noting the total cost of the main station was expected to be approximately$12,300,OOO, and the cost of the East Side facility was expected to cost approximately $2,060,000. . Councilmember Turgeon stated she understood the need for the facility, but believed the cost needed to be justified to taxpayers. She questioned whether any comparisons had been conducted with other local cities also building new facilities. Also, she expressed concern for providing information to area residents about the cost of the project, as well as advantages and disadvantages for the proposed design plans. Chief DuCharme explained comparisons had been conducted with the proposed design plans for the new public safety facilities in the Cites of Long Lake and Mound. He explained there were similarities and differences in the proposed facilities for each municipality; however, he anticipated the total cost for the facility in Mound would be approximately the same amount as the EFD West Station. Mayor Love reviewed the process to be utilized for providing information to residents once the final design plans were in place. He also thought it important to point out the impact of insurance ratings on municipalities as the new Public Safety Facility could potentially cause a substantial reduction in home insurance rates, and possibly offset the expenditure for local taxpayers. ~ . . REGULAR CITY COUNCIL MEETING MINUTES May 13, 2002 Page 70f8 Councilmember Zerby questioned the next steps in the design process for the member cities of the Joint Powers Agreement, and noted the size ofthe lobby to be undersized for its intended purpose. Mayor Love explained the requirements of the design process for the Council at this time and thanked the Chiefs for their presentations and presence at this meeting. D. Approval of the Agreement with Minnetonka Public Schools Community Education and Services for Lifeguard Services for Crescent Beach (This item was moved from Item 3D.) This matter was discussed prior to Item 8C on this evening's Agenda. Councilmember Zerby stated he had requested this item be removed from the Consent Agent to receive further discussion and consideration as he wondered about the possibility of having the Park Commission and City handle hiring oflifeguard services for Crescent Beach. Councilmember Lizee noted difficulty in hiring lifeguards for local beaches. In addition, Administrator Dawson explained lifeguards employed by MCES were often rotated among the South Lake Minnetonka area beaches. Zerby moved, Lizee seconded, Approving and Authorizing the City Administrator to Execute the Agreement for 2002 Lifeguard Services with Minnetonka Community Education Services. Motion passed 5/0. 9. ENGINEERING/PUBLIC WORKS A. Authorization for Engineering proposal for Smithtown Road Improvement Project This item was removed from this evening's Agenda. Engineer Brown noted it would appear on a later Council Meeting Agenda when a complete proposal was available. 10. REPORTS A. Administrator & Staff 1. Gideon Glen 2. County Road 19 Intersection 3. Glen Road Area Drainage Project Engineer Brown explained the projects discussed as part of Item lOA were all interrelated. With regard to the Gideon Glen project, He noted the Minnehaha Creek Watershed District was continuing to review the project and a meeting would be scheduled soon to discuss findings. Regarding the County Road 19 intersection project, he stated plans would take approximately six weeks to be reviewed for Minnesota State Aid funding. The Glen Road Area Drainage project plans continued to be reviewed by the Minnehaha Creek Watershed District as well. Engineer Brown stated the tile system in the Glen Road area had been obstructed and had backed up in the recent rainfall. He noted the Public Works crew had been successful in opening the clogged drain tile system and allowed the water to drain in an effort to remedy the situation REGULAR CITY COUNCIL MEETING MINUTES May 13, 2002 Page 80f8 prior to final design approval by the MCWD. Engineer Brown commended the crew for being inventive and enthusiastic in a messy, nasty job. B. Mayor & City Council Attorney Keane explained a recent ruling of the Minnesota Supreme Court regarding confidentiality issues involved in calling for an Executive Session as part of a City Council Meeting. 11. ADJOURN Zerby moved, Garfunkel seconded, adjourning the Regular City Council Meeting of May 13, 2002, at 10:12 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Sally Keefe, Recording Secretary John Garfunkel, Acting Mayor Craig W. Dawson, City Administrator f. . . " ... PAYABLESAPPROVALS For 5/28/02 Council Meeting . Prepared by: (J~ ~ Catherine EIke, r. Accountant Reviewed by: Bonnie Burton, Finance Director /' /'" . Date: !::;-023-0d. Date: ~!zq0 Z- Date: O&}. ~ 3.0/ a~ " Check Approval List for 5/28/02 Council Meeting of Check # Vender Name Description Check Date Invoice # Amount 32821 ADT SECURITY CAMERAS FOR EDDY STATION 5/16/02 $6,679.68 TOTAL FOR ADT SECURITY $6,679.68 32822 ADVANCED IMAGING S MONTHLY MAINT 5/16/02 7034 $150.00 TOTAL FOR ADVANCED IMAGING SOLUTIONS INC $150.00 32823 ANDERSON, KRISTI B. 1 ST HALF MAY INVOICE 5/16/02 $120.00 32823 ANDERSON, KRISTI B. 1 ST HALF MAY INVOICE 5/16/02 $180.00 TOTAL FOR ANDERSON, KRIST! B. $300.00 32824 BURTON, BONNIE MILEAGElGFOA CONF EXP 5/16/02 $993.09 TOTAL FOR BURTON, BONNIE $993.09 32825 CULLIGAN BOTTLED W 5/16/02 41188 $12.00 TOTAL FOR CULLIGAN BOTTLED WATER $12.00 32826 DEPT OF NATURAL RE DNR PERMIT FEES 5/16/02 $533.07 TOTAL FOR DEPT OF NATURAL RESOURCES . $533.07 32827 GOVT FINANCE OFCRS REPTG MODEL GUIDE 5/16/02 $10.00 TOTAL FOR GOVT FINANCE OFCRS ASSOC $10.00 32828 HERMEL WHOLESALE 5/16/02 351462 $8.90 . TOTAL FOR HERMEL WHOLESALE $8.90 32829 JOHN HALEY OVERPYMT OF SURCHG-19230 CO 5/16/02 $20.00 TOTAL FOR JOHN HALEY $20.00 32830 KINKO'S RECORD DRAWING COPIES 5/16/02 62100036399 $15.98 32830 KINKO'S RECORD DRAWING COPIES 5/16/02 62100036399 $15.97 TOTAL FOR KINKO'S $31.95 32831 MCFOA MEMBERSHIP DUES 5/16/02 $40.00 TOTAL FOR MCFOA $40.00 32832 METRO COUNCil ENVI APRIL SAC REPORT 5/16/02 $1,188.00 TOTAL FOR METRO COUNCIL ENVIRONMENT $1,188.00 32833 MIDWEST COCA-COLA 5/16/02 63276171 $104.45 TOTAL FOR MIDWEST COCA-COLA BOTTLIN $104.45 32834 MN SUN PUBLICATION WARD MAP-ORDINANCE 384 5/16/02 505691 $286.00 TOTAL FOR MN SUN PUBLICATIONS $286.00 32835 NORTH STAR ICE 5/16/02 55212611 $90.00 . 32835 NORTH STAR ICE 5/16/02 55212806 $24.60 TOTAL FOR NORTH STAR ICE $114.60 32836 PAWS, CLAWS & HOOV MAY SVC 5/16/02 $127.80 TOTAL FOR PA WS, CLA WS & HOOVES PET $127.80 32837 PETTY CASH SPRING CLEAN-UP 5/16/02 $300.00 TOTAL FOR PE1TY CASH $300.00 32838 PIZZA HUT LUNCH FOR SPRING CLEANUP CRE 5/16/02 $50.25 TOTAL FOR PIZZA HUT $50.25 32839 QUALITY WINE & SPIRI 5/16/02 120379-00 ($16.00) 32839 QUALITY WINE & SPIRI 5/16/02 121952-00 $367.98 32839 QUALITY WINE & SPIRI 5/16/02 121953-00 $502.57 32839 QUALITY WINE & SPIRI 5/16/02 122265-00 $109.96 32839 QUALITY WINE & SPIRI 5/16/02 122265-00 $1,516.95 32839 QUALITY WINE & SPIRI 5/16/02 122284-00 $338.86 32839 QUALITY WINE & SPIRI 5/16/02 122284-00 $1,565.55 32839 QUALITY WINE & SPIRI 5/16/02 122285-00 $1,055.10 32839 QUALITY WINE & SPIRI 5/16/02 122285-00 $415.15 Check # Vender Name Description Check Date Invoice # Amount '. TOTAL FOR QUAUTY WINE & SPIRITS CO $5,856.12 32840 RETROFIT RECYCLING RECYCLE FLUORESCENT BULBS 5/16/02 0019311-IN $64.28 32840 RETROFIT RECYCLING RECYCLE FLUORESCENT BULBS 5/16/02 0019311-IN $64.28 32840 RETROFIT RECYCLING RECYCLE FLUORESCENT BULBS 5/16/02 0019311-1N $64.29 TOTAL FOR RETROFIT RECYCUNG $192.85 32841 SEARS COMMERCIAL CHARLIE DAVIS -DRILL 5/16/02 525583 $194.37 TOTAL FOR SEARS COMMERCIAL CREDIT $194.37 32842 SWANDBY, DONALD MILEAGE/CELL PHONE 5/16/02 $13.33 32842 SWANDBY, DONALD MILEAGE/CELL PHONE 5/16/02 $27.16 32842 SWANDBY, DONALD MILEAGE/CELL PHONE 5/16/02 $27.16 32842 SWANDBY, DONALD MILEAGE/CELL PHONE 5/16/02 $27.15 32842 SWANDBY, DONALD MILEAGE/CELL PHONE 5/16/02 $13.33 32842 SWANDBY, DONALD MILEAGE/CELL PHONE 5/16/02 $13.33 TOTAL FOR SWANDBY, DONALD $121.46 32843 BELLBOY BAR SUPPLY 5/22/02 35514100 $39.00 TOTAL FOR BELLBOY BAR SUPPLY $39.00 32844 BERRY COFFEE CO 5/22/02 284624 $44.00 32844 BERRY COFFEE CO 5/22/02 284625 $22.00' . TOTAlJ FOR BERRY COFFEE CO $66.00 32845 CRAGUN'S CONFEREN C DAWSON - MCMA CONFERENCE 5/22/02 432669-1 $205.78 TOTAL FOR CRAGUN'S CONFERENCE CENTER $205.78 32846 DAKOTA COUNTY FERTILIZER BROCHURE DESIGN 5/22/02 294 $167.00 TOTAL FOR DAKOTA COUNTY $167.00 32847 DELL MARKETING L.P. MONITORS 5/22/02 825162399 $459.92 TOTAL FOR DELL MARKETING LP. $459.92 32848 EAST SIDE BEVERAGE 5/22/02 234743 $994.75 32848 EAST SIDE BEVERAGE 5/22/02 234743 $19.60 32848 EAST SIDE BEVERAGE 5/22/02 234744 $1,291.10 TOTAL FOR EAST SIDE BEVERAGE COMPAN $2,305.45 32849 FRIENDS SO. SHORE S 5/23/02 PLANNING COMM MTG 5/22/02 $50.00 TOTAL FOR FRIENDS SO. SHORE SR CTR $50.00 32850 GOVT FINANCE OFCRS MEMBERSHIP 8/1/02 - 7/31/03 5/22/02 0023003-02 $135.00 . TOTAL FOR GOVT FINANCE OFCRS ASSOC $135.00 32851 HENNEPIN CTY COMM CONCESSION FEE 5/22/02 $164.00 TOTAL FOR HENNEPIN CTY COMMUNITY HEALTH $164.00 32852 HERMEL WHOLESALE 5/22/02 352710 $395.52 32852 HERMEL WHOLESALE 5/22/02 352710 $91.41 32852 HERMEL WHOLESALE 5/22102 352715 $593.28 32852 HERMEL WHOLESALE 5/22/02 352716 $34.87 32852 HERMEL WHOLESALE 5/22/02 352716 $560.32 TOTAL FOR HERMEL WHOLESALE $1,675.40 32853 ICMA RETIREMENT TR 5/21/02 PAYROLL DEDUCTIONS 5/22/02 $1,040.28 TOTAL FOR 1CMA RETIREMENT TRUST-457 $1,040.28 32854 KENNEDY & GRAVEN PUBLIC LAW UPDATE SEMINAR 5/22/02 $50.00 TOTAL FOR KENNEDY & GRA VEN $50.00 32855 LANDSCHUTE GROUP I REF PERMIT FEE-531O ELMRIDGE C 5/22/02 $25.00 32855 LANDSCHUTE GROUP I REF PERMIT FEE-5310 ELMRIDGE C 5/22/02 $518.75 TOTAL FOR LANDSCHUTE GROUP INC $543.75 32856 LUGOWSKI, JOSEPH SEC 125 REIMBURSEMENT 5/22/02 $178.02 TOTAL FOR LUGOWSKI, JOSEPH $178.02 Check # Vender Name Description Check Date Invoice # Amount 32857 MARK VII 5/22/02 822 $3.00 _r TOTAL FOR MARK VII $3.00 32858 MN CHILD SUPPORT P CHILD SUPPORT - C SCHMID 5/22/02 $173.51 TOTAL FOR MN CHILD SUPPORT PMT CTR $173.51 32859 NORTH STAR ICE 5/22/02 55213304 $44.88 32859 NORTH STAR ICE 5/22/02 55213306 $42.60 TOTAL FOR NORTH STAR ICE $87.48 32860 PAZANDAK, JOSEPH MILEAGE 5/6/02 - 5/17/02 5/22/02 $70.45 TOTAL FOR PAZANDAK, JOSEPH $70.45 32861 PERA 5/21/02 PAYROLL DEDUCTIONS 5/22/02 $2,298.59 32861 PERA 5/21/02 PAYROLL DEDUCTIONS 5/22/02 $2,492.36 TOTAL FOR PERA $4,790.95 32862 QUALITY WINE & SPIRI 5/22/02 124625-00 $241.36 32862 QUALITY WINE & SPIRI 5/22/02 124626-00 $90.98 32862 QUALITY WINE & SPIRI 5/22/02 124627-00 $900.07 32862 QUALITY WINE & SPIRI 5/22/02 124833-00 $2,310.89 32862 QUALITY WINE & SPIRI 5/22/02 124834-00 $659.34 32862 QUALITY WINE & SPIRI 5/22/02 124835-00 $306.19 32862 QUALITY WINE & SPIRI 5/22/02 124835-00 $1,230.50 . 32862 QUALITY WINE & SPIRI 5/22/02 124967-00 ($94.20) TOTAL FOR QUALITY WINE & SPIRITS CO $5,645.13 32863 RANDALL, DANIEL WATER LICENSE FEE 5/22/02 $23.00 TOTALf'OR RANDALL, DANIEL $23.00 32864 SAM'S CLUB 5/22/02 043002STMT $5.61 32864 SAM'S CLUB 5/22/02 043002STMT $143.86 32864 SAM'S CLUB 5/22/02 043002STMT $103.69 32864 SAM'S CLUB 5/22/02 043002STMT $26.24 32864 SAM'S CLUB 5/22/02 043002STMT $26.23 32864 SAM'S CLUB 5/22/02 043002STMT $5.61 32864 SAM'S CLUB 5/22/02 043002STMT $5.60 32864 SAM'S CLUB 5/22/02 043002STMT $26.24 TOTAL FOR SAM'S CLUB $343.08 32865 STARK, BRUCE WATER LICENSE FEE 5/22/02 $23.00 TOTAL FOR STARK, BRUCE $23.00 . 32866 SUN PATRIOT NEWSP WARD MAP NOTICE 5/22/02 155 $282.58 TOTAL FOR SUN PATRIOT NEWSPAPERS INC $282.58 32867 THORPE DISTRIBUTIN 5/22/02 252039C ($24.30) 32867 THORPE DISTRIBUTIN 5/22/02 259573 $602.65 32867 THORPE DISTRIBUTIN 5/22/02 259574 $655.85 32867 THORPE DISTRIBUTIN 5/22/02 259574 $11.50 TOTAL FOR THORPE DISTRIBUTING COMPA $1,245.70 32868 TRI COUNTY BEVERAG 5/22/02 116182 $197.80 TOTAL FOR TRI COUNTY BEVERAGE & SUPPLY $197.80 32869 UNIVERSITY OF MINNE MUNICIPAL CLERKS FEE 5/22/02 $345.00 TOTAL FOR UNIVERSITY OF MINNESOTA $345.00 32870 XCEL ENERGY 5/22/02 1351-508-06 $458.70 32870 XCEL ENERGY 5/22/02 1732-704-10 $2,317.35 32870 XCEL ENERGY 5/22/02 .2095-300-56 $1,559.26 TOTAL FOR KCEL ENERGY $4,335.31 32871 BELLBOY BAR SUPPLY 5/29/02 35525900 $16.40 32871 BELLBOY BAR SUPPLY 5/29/02 35539800 $31.00 Check # Vender Name Description Check Date Invoice # Amount TOTAL FOR BEllBOY BAR SUPPLY $47.40 32872 BELLBOY CORPORATI 5/29/02 23683800 $441.00 32872 BELLBOY CORPORATI 5/29/02 23707900 $669.65 32872 BELLBOY CORPORATI 5/29/02 23708000 $656.00 32872 BELLBOY CORPORATI 5/29/02 23708100 $606.45 32872 BELLBOY CORPORATI 5/29/02 23731800 $405.50 32872 BELLBOY CORPORATI 5/29/02 23752800 $196.85 32872 BELLBOY CORPORATI 5/29/02 23752900 $262.00 32872 BELLBOY CORPORATI 5/29/02 23753000 $785.34 TOTAL FOR BELLBOY CORPORATION $4,022.79 32873 BRYAN ROCK PRODUC 5/29/02 6185 $962.45 TOTAL FOR BRYAN ROCK PRODUCTS, INC. $962.45 32874 BUREAU OF ALCOHOL, TAX ID 41-6008060 5/29/02 $250.00 32874 BUREAU OF ALCOHOL, TAX ID 4H005142 5/29/02 $250.00 32874 BUREAU OF ALCOHOL, TAX ID 41-6005142 5/29/02 $250.00 TOTALFOR BUREAU OF ALCOHOL, TOBACCO $750.00 32875 DALE GREEN CO 5/29/02 3125 $438.78 TOTAL FOR DALE GREEN CO $438.78 . 32876 DAWSON, CRAIG MCMA CONFERENCE EXPENSES/M 5/29/02 $226.85 TOTAL FOR DAWSON, CRAIG $226.85 32877 DAY DISTRIBUTING 5/29/02 175303 $238.90 32877 DAY DISTRIBUTING 5/29/02 175609 $539.30 32877 DAY DISTRIBUTING 5/29/02 175610 $996.85 32877 DAY DISTRIBUTING 5/29/02 176447 $1,250.65 32877 DAY DISTRIBUTING 5/29/02 176449 $844.60 32877 DAY DISTRIBUTING 5/29/02 176450 $397.00 TOTAL FOR DAY DISTRIBUTING $4,267.30 3287~ EAST SIDE BEVERAGE fj/29/02 237109 $409.50 32878 EAST SIDE BEVERAGE 5/29/02 237124 $2,058.55 32878 EAST SIDE BEVERAGE 5/29/02 237852 $19.60 32878 EAST SIDE BEVERAGE 5/29/02 237852 $835.10 32878 EAST SIDE BEVERAGE 5/29/02 237853 $19.60 32878 EAST SIDE BEVERAGE 5/29/02 237853 $534.60 32878 EAST SIDE BEVERAGE 5/29/02 240076 $896.60 . TOTAL FOR EAST SIDE BEVERAGE COMPAN $4,773.55 32879 EXCELSIOR ACE HARD ICE MELT 5/29/02 510271 $14.90 32879 EXCELSIOR ACE HARD MISC PW SUPPLIES 5/29/02 510671 $7.43 32879 EXCELSIOR ACE HARD DRILL BITS 5/29/02 511082 $4.73 32879 EXCELSIOR ACE HARD BULBS/FASTENERS 5/29/02 511100 $18.47 32879 EXCELSIOR ACE HARD PLBG SUPPLIES 5/29/02 511208 $4.44 32879 EXCELSIOR ACE HARD PLBG SUPPLIES 5/29/02 511222 $5.08 32879 EXCELSIOR ACE HARD MISC PW SUPPLIES 5/29/02 512065 $6.42 32879 EXCELSIOR ACE HARD HARDWARE 5/29/02 513582 $6.35 32879 EXCELSIOR ACE HARD KEYBLANKS 5/29/02 513971 $7.09 TOTAL FOR EXCELSIOR ACE HARDWARE $74.91 32881 GRIGGS, COOPER & C 5/29/02 538199 $694.06 32881 GRIGGS, COOPER & C 5/29/02 538200 $2,657.57 32881 GRIGGS, COOPER & C 5/29/02 538204 $771.16 32881 GRIGGS, COOPER & C 5/29/02 538205 $1,522.41 32881 GRIGGS, COOPER & C 5/29/02 538215 $628.06 32881 GRIGGS, COOPER & C 5/29/02 538216 $1,840.90 32881 GRIGGS, COOPER & C 5/29/02 541040 $259.18 32881 GRIGGS, COOPER & C 5/29/02 541041 $129.59 Check # Vender Name Description Check Date Invoice # Amount 32881 GRIGGS, COOPER & C 5/29/02 541042 $129.59 32881 GRIGGS, COOPER & C 5/29/02 541101 $614.60 32881 GRIGGS, COOPER & C 5/29/02 541102 $308.80 32881 GRIGGS, COOPER & C 5/29/02 541103 $306.80 32881 GRIGGS, COOPER & C 5/29/02 541143 $0.95 32881 GRIGGS, COOPER & C 5/29/02 541359 $386.30 32881 GRIGGS, COOPER & C 5/29/02 541360 $1,570.10 32881 GRIGGS, COOPER & C 5/29/02 541364 $117.90 32881 GRIGGS, COOPER & C 5/29/02 541365 $919.12 32881 GRIGGS, COOPER & C 5/29/02 541372 $133.55 32881 GRIGGS, COOPER & C 5/29/02 541373 $24.95 32881 GRIGGS, COOPER & C 5/29/02 541373 $1,546.18 32881 GRIGGS, COOPER & C 5/29/02 586933 ($7.12) TOTAL FOR GRIGGS, COOPER & COMPANY $14,554.65 32882 H & H INDUSTRIES, INC BULBS 5/29/02 271318 $222.23 32882 H & H INDUSTRIES, INC BULBS 5/29/02 271448 $234.28 TOTAL FOR H & H INDUSTRIES, INC. $456.51 32883 HAWKINS WATER TRE 5/29/02 OM 73815 $60.00 TOTAL FOR HAWKINS WATER TREATMENT $60.00 32884 HOISINGTON/KOEGLE FREEMAN PK ANALYSIS 5/29/02 $480.00 . 32884 HOISINGTON/KOEGLE VISIONING PROJECT 5/29/02 $1,067.52 TOTAL FOR HOISINGTON/KOEGLER GROUP $1,547.52 32885 HONEYWELL REPL BATTERY-ALARM SYSTEM 5/29/02 796PS758 $121.63 TOTAL FOR HONEYWELL $121.63 32886 HOPKINS PARTS COM OIUAIR FILTERS 5/29/02 76620 $41.48 32886 HOPKINS PARTS COM AIR FILTERS 5/29/02 76722 $8.35 TOTAL FOR HOPKINS PARTS COMPANY $49.83 32887 ICMA MEMBERSHIP RE MEMBERSHIP RENEW 7/1/02 - 6/30/ 5/29/02 $541.00 TOTAL FOR ICMA MEMBERSHIP RENEWALS $541.00 32888 JOHNSON BROS L10U 5/29/02 1398869 $1,248.96 32888 JOHNSON BROS L10U 5/29/02 1398870 $225.99 32888 JOHNSON BROS L10U 5/29/02 1398871 $954.77 32888 JOHNSON BROS L10U 5/29/02 1398872 $194.30 32888 JOHNSON BROS L10U 5/29/02 1398872 $528.03 32888 JOHNSON BROS L10U 5/29/02 1398876 $431.43 . 32888 JOHNSON BROS L10U 5/29/02 1398877 $637.88 32888 JOHNSON BROS L10U 5/29/02 1401814 $568.40 32888 JOHNSON BROS L10U 5/29/02 1401815 $524.65 32888 JOHNSON BROS L10U 5/29/02 1401816 $89.94 32888 JOHNSON BROS L10U 5/29/02 1401817 $33.10 32888 JOHNSON BROS L10U 5/29/02 1401818 $347.55 32888 JOHNSON BROS L10U 5/29/02 1401818 $443.75 32888 JOHNSON BROS L10U 5/29/02 1401819 $205.05 32888 JOHNSON BROS L10U 5/29/02 1401820 $273.03 32888 JOHNSON BROS L10U 5/29/02 1401821 $922.44 32888 JOHNSON BROS L10U 5/29/02 1401826 $82.15 32888 JOHNSON BROS L10U 5/29/02 1401827 $33.10 32888 JOHNSON BROS L10U 5/29/02 1401828 $225.87 TOTAL FOR JOHNSON BROS LIQUOR CO. $7,970.39 32889 MARK VII 5/29/02 406365 $1,265.55 32889 MARK VII 5/29/02 406366 $12.45 32889 MARK VII 5/29/02 406368 $1,889.20 32889 MARK VII 5/29/02 406378 $979.40 Mn..?~ ?nn? Page 5 of 8 Check # Vender Name Description Check Date Invoice # Amount 32889 MARK VII 5/29/02 406379 $21.95 32889 MARK VII 5/29/02 409455 $1,452.85 32889 MARK VII 5/29/02 409456 $12.00 32889 MARK VII 5/29/02 409457 $23.70 32889 MARK VII 5/29/02 409464 $1,048.10 32889 MARK VII 5/29/02 409465 $35.40 32889 MARK VII 5/29/02 409466 $701.50 TOTAL FOR MARK VII $7,442.10 32890 MARLIN'S TRUCKING 5/29/02 10929/62 $54.00 32890 MARLIN'S TRUCKING 5/29/02 10929/62 $54.00 32890 MARLIN'S TRUCKING 5/29/02 10930/63 $89.55 32890 MARLIN'S TRUCKING 5/29/02 10930/63 $89.55 32890 MARLIN'S TRUCKING 5/29/02 10931/64 $33.30 32890 MARLIN'S TRUCKING 5/29/02 10931/64 $33.30 TOTAL FOR MARLIN'S TRUCKING $353.70 32891 MEDICA JUNE PREMIUMS 5/29/02 10215210220 $99.27 32891 MEDICA JUNE PREMIUMS 5/29/02 10215210220 $694.84 32891 MEDICA JUNE PREMIUMS 5/29/02 10215210220 $997.86 32891 MEDICA JUNE PREMIUMS 5/29/02 10215210220 $5,492.65 . 32891 MEDICA JUNE PREM 5/29/02 10215212545 $272.02 32891 MEDICA JUNE PREM 5/29/02 10215212545 $3,113.12 TOTAL FOR MEDICA $10,669.76 32892 METRO COUNCIL ENVI JUNE WASTEWATER 5/29/02 738642 $26,133.40 TOTAL FOR METRO COUNCIL ENVIRONMENT $26,133.40 32893 MIDWEST COCA-COLA 5/29/02 63281122 $164.75 32893 MIDWEST COCA-COLA 5/29/02 63281148 $225.67 TOTAL FOR MIDWEST COCA-COLA BOTTLIN $390.42 32894 MUNITECH, INC. JUNE SVCS 5/29/02 7881 $3,400.00 32894 MUNITECH, INC. JUNE SVCS 5/29/02 7881 $&,100.00 T01'A/4 FOR MUNITECH, INC. $8,500.00 32895 NORTHERN TOOL & EO DISCHARGE HOSE 5/29/02 6277360 $58.56 32895 NORTHERN TOOL & EO PW SUPPLIES 5/29/02 6277360A $109.24 TOTAL FOR NORTHERN TOOL & EQUIP CO $167.80 32896 OFFICE DEPOT 5/29/02 158041569-0 $311.16 . 32896 OFFICE DEPOT 5/29/02 158468986-0 $235.15 TOTAL FOR OFFICE DEPOT $546.31 32897 OLSEN COMPANIES MISC PW SUPPLIES 5/29/02 158538 $141.39 TOTAL FOR OLSEN COMPANIES $141.39 32898 OWL ENGINEERING & AT&T INTERMOD STUDY 5/29/02 1684 $525.00 TOTAL FOR OWL ENGINEERING & EMC TEST LAB $525.00 32899 PAUSTIS WINE COMPA 5/29/02 0188691 $866.25 32899 PAUSTIS WINE COMPA 5/29/02 0188887 ($22.00) 32899 PAUSTIS WINE COMPA 5/29/02 0188912 ($71.00) 32899 PAUSTIS WINE COMPA 5/29/02 0188983 $638.00 32899 PAUSTIS WINE COMPA 5/29/02 188690 $228.75 32899 PAUSTIS WINE COMPA 5/29/02 188692 $525.00 TOTAL FOR PAUSTIS WINE COMPANY $2,165.00 32900 PHILLIPS WINE & SPIRI 5/29/02 829932 $640.88 32900 PHILLIPS WINE & SPIRI 5/29/02 829933 $148.98 32900 PHILLIPS WINE & SPIRI 5/29/02 829933 $140.70 32900 PHILLIPS WINE & SPIRI 5/29/02 829934 $785.83 32900 PHILLIPS WINE & SPIRI 5/29/02 829935 $393.55 Check # Vender Name Description Check Date Invoice # Amount 32900 PHILLIPS WINE & SPIRI 5/29/02 829935 $128.10 32900 PHILLIPS WINE & SPIRI 5/29/02 829937 $696.30 32900 PHILLIPS WINE & SPIRI 5/29/02 829938 $23.04 32900 PHILLIPS WINE & SPIRI 5/29/02 829938 $59.75 32900 PHILLIPS WINE & SPIRI 5/29/02 83222 $347.20 32900 PHILLIPS WINE & SPIRI 5/29/02 832221 $1,150.55 32900 PHILLIPS WINE & SPIRI 5/29/02 832223 $104.50 32900 PHILLIPS WINE & SPIRI 5/29/02 832224 $1,251.61 32900 PHILLIPS WINE & SPIRI 5/29/02 832226 $162.90 TOTAL FOR PHILLIPS WINE & SPIRITS $6,033.89 32901 QWEST DEX 5/29/02 01126933500 $197.70 TOTAL FOR QWEST DEX $197.70 32902 QWEST 5/29/02 $49.83 TOTAL FOR QWEST $49.83 32903 SENSIBLE LAND USE C 5/29/02 SEMINAR 5/29/02 $30.00 TOTAL FOR SENSIBLE LAND. USE COALITN $30.00 32904 SO LK MTKA POLICE D JUNE MONTHLY BUDGET 5/29/02 $49,911.92 TOTAL FOR SO LK MTKA POLICE DEPT $49,911.92 32905 SOURCE PHOSPHORUS FERTILIZER BROCH 5/29/02 209451-10 $746.57 . TOTAL FOR SOURCE $746.57 32906 THORPE DISTRIBUTIN 5/29/02 259734 $1,226.85 32906 THORPE DISTRIBUTIN 5/29/02 259735 $108.00 32906 THORPE DISTRIBUTIN 5/29/02 260165 $218.10 32906 THORPE DISTRIBUTIN 5/29/02 260167 $889.05 32906 THORPE DISTRIBUTIN 5/29/02 260167 $11.50 32906 THORPE DISTRIBUTIN 5/29/02 260168 $65.00 32906 THORPE DISTRIBUTIN 5/29/02 260269 $191.80 32906 THORPE DISTRIBUTIN 5/29/02 260415 $110.50 32906 THORPE DISTRIBUTIN 5/29/02 260431 $1,962.20 32906 THORPE DISTRIBUTIN 5/29/02 260897 $2,405.50 32906 THORPE DISTRIBUTIN 5/29/02 260898 $547.70 TOTAL FOR THORPE DISTRIBUTING COMPA $7,736.20 32907 TOLL GAS & WELDING FLOW METER OXYGEN 5/29/02 177450 $118.64 TOTAL FOR TOLL GAS & WELDING $118.64 . 32908 TONKA BAY-CITY OF JUNE RENT 5/29/02 $1,175.00 TOTAL FOR TONKA BAY-CITY OF $1,175.00 32909 TOTAL REGISTER SYS MAINT CONTRACT 5/29/02 13458 $975.00 32909 TOTAL REGISTER SYS MAINT CONTRACT 5/29/02 13459 $1,300.00 TOTAL FOR TOTAL REGISTER SYSTEMS $2,275.00 32910 TOWLE REAL ESTATE JUNE RENT 5/29/02 $4,825.44 TOTAL FOR TOWLE REAL ESTATE COMPANY $4,825.44 32911 TRI COUNTY BEVERAG 5/29/02 116524 $238.50 TOTAL FOR TRI COUNTY BEVERAGE & SUPPLY $238.50 32912 TWIN CITY WATER CLI BACTERIA ANALYSIS - APRIL 5/29/02 8606 $60.00 TOTAL FOR TWIN CITY WATER CLINIC $60.00 32913 UNUM LIFE INSURANC JUNE L TO PREM 5/29/02 $21.41 32913 UNUM LIFE INSURANC JUNE L TO PREM 5/29/02 $26.56 32913 UNUM LIFE INSURANC JUNE L TO PREM 5/29/02 $12.98 32913 UNUM LIFE INSURANC JUNE L TO PREM 5/29/02 $227.07 TOTAL FOR UNUM LIFE INSURANCE CO $288.02 32914 US FILTER DISTRIBUTI WATER METERS/PARTS 5/29/02 8360751 $1,956.48 Check # Vender Name Description Check Date Invoice # Amount TOTAL FOR US FILTER DISTRIBUTION GROUP 32915 WINE COMPANY (THE) 5/29/02 078288 32915 WINE COMPANY (THE) 5/29/02 78287 32915 WINE COMPANY (THE) 5/29/02 78326 TOTAL FOR WINE COMPANY (THE) 32916 WORLD CLASS WINES, 5/29/02 119510 32916 WORLD CLASS WINES, 5/29/02 119512 32916 WORLD CLASS WINES, 5/29/02 119513 TOTAL FOR WORW CLASS WINES, INC 32917 WSB AND ASSOCIATE FREEMAN PK DRIVEWAY CLOSURE 5/29/02 01074-483-1 32917 WSB AND ASSOCIATE SMITHTOWN RD OVERLAY 5/29/02 01074-583-1 32917 WSB AND ASSOCIATE CUB FOODS SITE REVIEW 5/29/02 01074-591-0 32917 WSB AND ASSOCIATE 2001 STREET REHAB/RECON PROG 5/29/02 01074-602-0 32917 WSB AND ASSOCIATE GLEN RD STORMWATER PLAN 5/29/02 01074-632-0 32917 WSB AND ASSOCIATE CSAH 19@5MITHTOWN RD CTRY C 5/29/02 01388-001-0 32917 WSB AND ASSOCIATE CSAH 19@5MITHTOWN RD CTRY C 5/29/02 01388-001-0 TOTAL FOR WSB AND ASSOCIATES 32918 XCEL ENERGY 5/29/02 0145-009-26 . 32918 XCEL ENERGY 5/29/02 0408-607-95 32918 XCEL ENERGY 5/29/02 0615-308-36 32918 XCEL ENERGY 5/29/02 0677-702-26 32918 XCEL ENERGY 5/29/02 1285-101-66 32918 XCEL ENERGY 5/29/02 1373-808-26 32918 XCEL ENERGY 5/29/02 1440-708-46 32918 XCEL ENERGY 5/29/02 1564-303-36 32918 XCEL ENERGY 5/29/02 1605-305-56 32918 XCEL ENERGY 5/29/02 1724-866-54 32918 XCEL ENERGY 5/29/02 2001-503-26 TOTAL FOR XCEL ENERGY 32919 ZEE MEDICAL SERVICE FIRST AID SUPPLIES 5/29/02 54200220 TOTAL FOR ZEE MEDICAL SERVICE TOTAL CHECKS . $1,956.48 $573.70 $675.60 $389.40 $1,638.70 $522.25 $186.50 $93.25 $802.00 $1,097.25 $1,781.00 $5,050.75 $611.00 $216.00 $19,021.00 $6,959.60 $34,736.60 $15.18 $56.61 $3.14 $482.00 $13.89 $8.06 $259.60 $8.00 $84.82 $67.82 $20.68 $1,019.80 $84.85 $84.85 $253,785;76 ,. .."', , ' ,,: ".;: ,. "_" ",' - '. n' .. ~ .:' ..: . _, ,._ ".:" : ijill;.sdaj~-Mayj3, PAYROLL APPROVALS For 5/28/02 Council Meeting Prepared by: (l)t-:A.M~R_ C& Catherine EIke, Sr. Accountant Reviewed by: Bonnie Burton, Finance Director awson, City Administrator Date: 5-d3-0~ . Date: $~2--- Date: r/i. ~~ .()2 . .. . Payroll Register Check # Last Name First Name MI Check Amt Check Date 1544 BAILEY BOYD C 1,262.53 5/21/02 1545 BURTON BONNIE M 1,690.41 5/21/02 1546 DAVIS CHARLES S 1,261.23 5/21/02 1547 EISCHENS JAMES E 80 1.17 5/21/02 1548 ELKE CATHERINE M 752.10 5/21/02 1549 FASCHING PATRICIA L 770.40 5/21/02 1550 GARFUNKEL JOHN J 184.70 5/21/02 1551 GROUT TWILA R 766.12 5/21/02 1552 HELLING PAMELA J 491.71 5/21/02 1553 JOHNSON DENNIS D 1,263.50 5/21/02 1554 LIZEE CHRISTINE G 184.70 5/21/02 1555 LUGOWSKI JOSEPH P 1,194.89 5/21/02 1556 MASON BRADLEY J 1,097.07 5/21/02 . 1557 MOORE JULIE K 223.95 5/21/02 1558 MOTTER BROOKE A 601.12 5/21/02 1559 NIELSEN BRADLEY J 933.56 5/21/02 1560 PANCHYSHY JEAN M 1,078.12 5/21/02 1561 PAZANDAK JOSEPH E 1,416.91 5/21/02 1562 RANDALL DANIEL J 1,391.67 5/21/02 1563 SCHMID CHRISTOPHER E 768.39 5121/02 1564 SCHNEEWIN JACQUELYN K 1,014.98 5/21/02 1565 STARK BRUCE H 1,231.34 5/21/02 . 1566 SWANDBY DONALD R 1,742.45 5/21/02 1567 TOWER TERRY R 920.81 5/21/02 1568 TURGEON LAURA 184.70 5/21/02 1569 ZAVADA MITCHELL C 798.51 5/21/02 . 1570 ZERBY MICHAEL S 184.70 5/21/02 217292 BAKER RICHARD M 57.48 5/21/02 217293 BROWN LAWRENCE A 1,973.99 5/21/02 217294 CURTIS JOHN N 121.72 5/21/02 217295 DAWSON CRAIG W 1,649.14 5/21/02 217296 FIELD DALE F 148.76 5/21/02 217297 HELGESEN PATRICIA R 880.71 5/21/02 217298 HIRSCH DANA M 218.71 5/21/02 217299 LATTERNER SUSAN M 301.88 5/21/02 217300 LOVE CLIFFORD W 222.15 5/21/02 217301 MARRON RUSSELL R 40.10 5/21/02 217302 MASON MICHELLE L 121.72 5121/02 217303 OLIVEIRA CHRISTOPHER L 158.36 5/21/02 217304 PLATHE CRAIG V 104.38 5/21/02 217305 THURSTON DOROTHY M 200.03 5/21/02 Tuesday, May 21, 2002 Page 1 of2 t CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236 FAX (952) 474-0128. www.cLshorewood.mn.us. cityhall@cLshorewood.mn.us MEMORANDUM DA TE: May 21, 2002 CC: Mayor and City Council Members Jean Panchyshyn, Executive SecretarylDeputy Cler~ Craig W. Dawson, City Administrator ~ Bradley J. Nielsen, Planning Director . Larry Brown, Public Works Director/Cit Engineer ~ . TO: FROM: RE: RECORDING SECRETARY SERVICES CONTRACT The current Recording Secretary Service Contract dates back to November 1999 for Sally Keefe and July 2000 for Kristi Anderson. During this 2-1/2 year time period, the contract has remained unchanged. Staff recently received the attached request from Recording Secretary Sally Keefe to consider an increase in the base rate for recording secretary services. . Staff believes it is not easy to find recording secretaries who are able to provide quality service. We feel fortunate to contract with two Recording Secretaries who do provide the City with high- quality, professional service, and who back each other up when needed. Sally Keefe has been with us for approximately 2-1/2 years and Kristi Anderson for 2 years. Both have been dependable and have increased their understanding and knowledge of City activities discussed at Council and Commission meetings, thus improving their recording efforts. Staff is very much satisfied with their work, and believes an increase in the contract rate is warranted. A survey of area City recording services was conducted. Several area cities use Time Savers Off Site Secretarial Service for recording services. The City of Orono contracts with individuals. The table below shows the comparison of these services to Shorewood's current and proposed contract rates. .,. 36 ft ~~ PRINTED ON RECYCLED PAPER . , Recording Secretary Service Contract May 21, 2002 Page Two Time Savers City of Orono Shorewood Shorewood Length of Secretarial Contract Current Contract Proposed Meeting Time Contract Up to 1 hour $103 $135 $120 $150 1-2 hours $154 $135 $120 $150 2-3 hours $205 $160 $120 $150 3-4 hours $256 $190 $180 $200 4+ hours $25.50 for each $25 for each $180 $30 for each add'I. ~ hour add'I. hour add'l. hour Financial . Staff has reviewed the 2002 budget for Recording Secretary Services and has projected the expenses for the remainder of the year based on the new proposed contract rates. Sufficient funds exist to enter into the new contract effective June 1, 2002. Staff recommendation A copy of the revised contract is attached, showing deleted text crossed out and new added text underlined. Staff recommends approval of the Contract for Recording Services at the new rates proposed, effective June 1,2002, for both Sally Keefe and Kristi Anderson. Council Action Approval of the revised Contract for Recording Secretary Services effective June 1, 2002. . i .. (IT "'::::':"-"-~~_.._-- rC'.~.." '-"~', ..-..--""................. r'r) !..f::"~~ (t,".", . n rv::; ~ .1 ) If .... ': .... .', ":"~ !~ l" I .._-,t ~i I f..I. L! MAY 8 2002 ' i I f i/ Ll u, L-...~~..~~,.~=_ ., . . April 25, 2002 Jean Panchyshyn Deputy Clerk 5755 Country Club Road Shorewood, Minnesota 55331-8927 Dear Jean, . As you are well aware, I have been happily employed by the City for the past two and one- half years as a free-lance recording secretary. Throughout that period, I have tried to hone my skills, both personally and professionally, in continued effort to provide the City with high- quality recording services. During the course of those years, my increased knowledge of City activities and active community members have become invaluable to my service. In addition, I have diligently worked hard to improve my writing technique, enhanced my technological knowledge, as well as provided the City with compatible software through my home computer in effort to make communication more efficient, thereby reducing Staff time in dealing with the minutes. With this in mind, I respectfully request an increase in my base rate of service from $120 per meeting to $150 per meeting. Similarly, when a meeting is longer than three hours, I respectfully request an increase from $180 to $200. Should a meeting exceed 4 hours, I request an additional $30 per hour as the amount of time spent on the minutes increases substantially relative to the length of the meeting. As stated previously, I thoroughly enjoy my employment with the City and look forward to many continued years of service. Please do not hesitate to contact me at 952-471-1109 for any further discussion of this matter. Sincerely, . d~/l- \~~ Sally Keefe Q \ ., RECORDING SECRETARY SERVICE AGREE:MENT TIDS AGREE:MENT is made between (City Recorder) and the City of Shorewood, 5755 Country Club Road, Shorewood, Minnesota (Shorewood). Shorewood wishes to contract with City Recorder to provide recording secretarial services for all Shorewood City Council meetings and some or all of the Planning and Park Commission meetings. This agreement shall also encompass any special meetings that City Recorder is asked to attend. IT IS THEREFORE AGREED AS FOLLOWS: 1. Recording Secretary. City Recorder shall attend, record, and transcribe, and submit minutes of all regular Shorewood City Council meetings, and some or all of the regular ShorewoodPlanning and Park Commission meetings, as determined by City Staff. Minutes of each meeting shall be submitted within seven (7)days after each meeting to the Deputy Clerk or to other such officer as the City Clerk may designate from time to time. . 2. Equipment. Shorewood shall provide for each meeting at the meeting site, all tape recording equipment required to record the minutes of the meeting. City Recorder shall provide all equipment and materials necessary to transcribe and prepare the minutes and to take notes at a meeting. 3. Charges. City Recorder shall be paid for recording secretary services as follows: One Hundred Tv/onty Donurs ($120.00) per meeting. If the City Council schedules a consecutive meeting 6ither before or after a regular meeting, and the entire length of the meetings exceeds three (3) hours, Shore'Nood will pay One Hundred Eighty Dollurs ($UW.OO). . One Hundred Fifty Dollars ($150.00) per meeting night for up to three (3) hours. This includes meetings that the Commission or City Council schedules before and/or after the regular meeting. Meetings that exceed three (3) hours for up to four (4) hours will be paid at a rate of Two Hundred Dollars ($200.00). For each additional hour over four (4) hours, the rate shall increase by Thilty Dollars ($30.00) per hour. 4. Billing. Upon delivery to Shorewood of completed minutes, the City Recorder shall bill Shorewood, listing each meeting date attended. Shorewood agrees to submit each invoice with the next bill list or other applicable expense authorization list to be considered by the City Council or the authorizing official of the Council. 5. Cancellation. This Agreement may be canceled at any time by either party, subject to a thirty (30) day written notice. 6. Term. This Agreement shall become effective on November g, 1999June 1, 2002 and shall continue in force until canceled. Dated: City Recorder Dated: . Shorewood Mayor Shorewood City Administrator . I . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236 FAX (952) 474-0128. www.cLshorewood.mn.us. cityhall@cLshorewood.mn.us MEMORANDUM DATE: May 20, 2002 . TO: Mayor and City Council Members Jean Panchyshyn, Deputy Clerk 1 Craig W. Dawson, City Administrator ~ RE: TEMPORARY GAMBLING LICENSE - STOREFRONT GROUP CC: FROM: The Storefront Group will be holding their annual Benefit Golf Tournament on July 15. As part of this event, they desire to hold a raffle. -=#~c o PRINTED ON RECYCLED PAPER \ CITY OF SHOREWOOD RESOLUTION NO. 02-_ A RESOLUTION APPROVING A SINGLE TEMPORARY GAMBLING LICENSE WHEREAS, the Shorewood City Code, Chapter 301, provides for the licensing of certain gambling activities in the City; and WHEREAS, the City prescribes certain restrictions concerning eligibility for such licensing and application, whereby the licensee will hold the City harmless for all claims arising out of the granting of such license; and WHEREAS, the following applicant has met the eligibility requirements for such a license and has agreed to all terms and conditions of the agreement contained in the license. . NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Shorewood as follows: That a single temporary license for the conduct of gambling as specified in the terms, and conditions of the license be issued to The Storefront Group. Said raffle to be held on Monday, July 15,2002 at the Minnetonka Country Club, 24575 Smithtown Road, Shorewood, Minnesota. ADOPTED by the City Council of the City of Shorewood this 28th day of May, 2002. . JOHN GARFUNKEL, ACTING MAYOR ATTEST: CRAIG W. DAWSON, CITY ADMINISTRATOR I Projea Charlie Co-parenting Program Mosaic Group Youth Counseling Program Pyramid Counseling Center Family Options Program Impaa Program Delta Place . Way 12 Halfway House . The Storefront Group strengthening children, families, communities May 13, 2002 Shorewood City Council City of Shorewood 5755 Country Club Road Shorewood, MN 55331 RE: Raffle Application for Benefit Golf Tournament Dear SirIMadam: The Storefront Group (Storefront) will be conducting its eighth annual Benefit Golf Tournament at the Minnetonka Country Club on July 15, 2002. In conjunction with this event, we will be holding a raffle. The proceeds from the raffle will be directed to the general fund at Storefront to supplement the sliding fee scale offered to clients with financial hardship. Enclosed for your consideration and approval is an application for a non- profit gambling license. I have also enclosed a golf tournament brochure for your reference. Please feel free to contact me at 612-798-8166 if you need further information or have any questions. Sincerely, .~ Patrick Dale Chief Executive Officer enclosure 6425 Nicollet Avenue South, Richfield, MN 55423 T: 612-861-1675 F: 612-861-3446 www.storefront.org Minnesota Lawful Gambling Page 1 of2 3/01 LG220 - Application for Exempt Permit Fee - $25 ~or Board Use-Orily Fee Paid Organization Information Check No. Organization name Previous lawful gambling exemption number The Storefront Group X.4S~'). Street City State/Zip Code County 64~5 Nicol1et Ave. South Richfield MN 55423 Hennepin Name of chief executive officer (CEO) First name Last name Daytime phone number of CEO Patrick Dale 612-861-1675 Name of treasurer Daytime phone number of First name Last name treasurer: C::"'I"\i-i- _. . E;l ?-R€il-l n"'!:; Type of Nonprofit Organization Check the box that best describes your organization: o Fraternal 0 Religious o Veteran [] Other nonprofit organization Check the box that indicates the type of proof your organization attached to this application: o IRS letter indicating income tax exempt status o Certificate of Good Standing from the Minnesota Secretary of State's Office o A charter showing you are an affiliate of a parent nonprofit organization [XI Proof previously submitted and on file with the Gambling Control Board Gambling Premises Information Name of premises where gambling activity will be conducted (for raffles, list the site where the drawing will take place) Minnetonka Country Club Address (do not use PO box) City StatelZip Code County 24!:l75 Smithtown Road Excelsior MN 55331 Hennepin Date(s) of activity (for raffles, indicate the date of the drawing) Monday, July 15, ~UU;G Check the box or boxes that indicate the type of gambling activity your organization will be conducting: o *Blngo IX] Raffles (cash prizes may not exceed $12,000) o *Paddlewheels D*Pull-Tabs D *Tip boards *Equlpment for these activities must be obtained from a licensed distributor. \ . . This form Will be made available In alternative format (i.e. large print, Braille) upon request. The information requested on this form (and any attachments) will be used by the Gambling Control Board (Board) to determine your qualifications to be involved in lawful gambling actMties in Minnesota. You have the right to refuse to supply the information requested; however, If you refuse to supply this information, the Board may not be able to determine your qualifications and, as a consequence, may refuse to issue you a permit. If you supply the Information requested, the Board will be able to process your application. Your name and and your organization's name and address will be public information when received by the Board. All the other information that you provide will be private data about you until the Board Issues your permit. When the Board issues your permit, all of the information that you have provided to the Board in the process of applying for your permit will become public. If the Board does not Issue you a permit, all the information you have provided in the process of applying for a permit remains private, with the exception of your name and your organization's name and address which will remain public. Private data about you are available only to the follOWing: Board members, staffofthe Board whose work assignment requires that they have access to the information; the Minnesota Department of Public Safety; the Minnesota Attorney General; the Minnesota Commissioners of Administration, Finance, and Revenue; the Minnesota Legislative Auditor, national and International gambling regulatory agencies; anyone pursuant to court order; other individuals and agencies that are specifically authorized by state or federal law to have access to the information' individuals and agencies for which law o~ legal order authorizes a new use or sharing of information after this Notice was given; and anyone with your consent. LG2~20 - Application for Exempt Permit Organization Name The Storefront Group Local Unit of Government Acknowledgment Page 2 of2 3/01 . If the gambling premises is within city limits, the If the gambling premises is located In a township, both city must sign this application. the county and township must sign this application. On behalf of the city, I acknowledge this application. On behalf of the county, I acknowledge this application. Check the action that Check the action that the city is taking on this application. the county is taking on this application. o The city approves the application with no o The county approves the application with no waiting period. waiting period. o The city approves the application with a 30 day o The county approves the application with a 30 day waiting period, and allows the Board to issue a waiting period, and allows the Board to issue a permit after 30 days (60 days for a first class permit after 30 days. city). o The city denies the application. o The county denies the application. Print name of city Print name of county (Signature of city personnel receiving application) (Signature of county personnel receMng application) Title Title Date / / "'\ Date / / TOWNSHIP: On behalf of the township, I acknowledge that the organization is applying for exempted gambling activity within the township limits. [A township has no statutory authority to approve or deny an application (Minn. Stat. sec. 349.213, subd. 2).] Print name of township (Signature of township official acknowledging application) Title Date I I Chief Executive Officer's Signature The information provided in this application is complete a accurate to the best of my knowledge. . ~.- Chief executive officer's signature / . Name (please print) Patrick Dale Date 05 I !;:S I 02 Mail Application and Attachments At least 45 days prior to your scheduled activity date send: . the completed application, If your application has not . a copy of your proof of nonprofit status, and been acknowledged by the . a $25 application fee (make check payable to "State of Minnesota"). local unit of government or Application fees are not prorated, refundable, or transferable. has been denied. do not Send to: Gambling Control Board send the application to the 1711 West County Road B, Suite 300 South Gambling Control Board. Roseville, MN 55113 . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128 · www.cLshorewood.mn.us · cityhall@cLshorewood.mn.us MEMORANDUM DATE: May 22, 2002 . TO: Mayor and City Council Members J~an Panchyshyn, Executive Secretary/Deputy Clerk~ Craig W. Dawson, City Administrator c}> RE: 2002 MUNICIPAL RECYCLING GRANT AGREEMENT CC: FROM: Earlier this year, the City submitted the annual application for a Municpal Recycling Grant. The City is now in receipt of the 2002 Municipal Recycling Grant Agreement with Hennepin County. Upon execution of the Grant Agreement the City will receive its 2002 grant in the amount of $23,690, down slightly from last year's grant of $23,728. . Paul Kroening, Principal Planning Analyst at Hennepin County Environmental Services, has informed Staff that the legislature cut 10% of the funding for this grant program; therefore, it is anticipated that the amount of the 2003 grant will again be slightly less than what the City was given in 2002. Council Action Approval of the 2002 Municipal Recycling Grant Agreement with Hennepin County, and authorizing the Mayor and City Administrator to execute the Agreement. :#3D n ~J PRINTED ON RECYCLED PAPER Contract No: A05492 Vendor No: *000070455 MUNICIPAL RECYCLING GRANT AGREEMENT THIS AGREEMENT is by and between the COUNTY OF HENNEPIN, STATE OF MINNESOTA, hereinafter referred to as the "County", through its Department of Environmental Services, 417 North Fifth Street, Minneapolis, Minnesota 55401-1397, and the CITY OF SHOREWOOD hereinafter referred to as the "City", 5755 Country Club Road, Shorewood, Minnesota 55331. WITNESSETH: WHEREAS, the County Board, by Resolution No. 99-8-532, on the 3rd day of August 1999, authorized funding formun.icipal recycling programs from January 1, 2000, through December 31, 2004, and WHEREAS, the City has a municipal recycling program (the Recycling Program) as described in their grant application as referred to in paragraph 1 below, and WHEREAS, said Recycling Program is consistent with Minnesota ~tatutes, Section lISA, the Office of Environmental Assistance Solid Waste Management Policy Plan; Hennepin County's Solid Waste Management Master Plan; and Hennepin County's Residential Recycling Funding Policy. . NOW THEREFORE, the County and the City agree as follows: I. SERVICES TO BE PROVIDED 1. The City will operate its Recycling Program as more. fully described in the Grant Application that was .submitted by the City and kept on file with the County. 2. In addition to the services as referred to above, the City agrees as follows: a. On an annual basis, the City must demonstrate that the average pounds of recyclables collected from households participating in their curbside resid.ential recycling program must equal or surpass the . 1999 base year figure. The base year figure is determined by dividing total pounds ofrecyclables collected in 1999 by the total number of households participating in the curbside recycling program in 1999. Failure to achieve this annual goal win result in the requirement that a plan be submitted for County approval that specifies the efforts the City will undertake to increase the recycling percentage within 90 days of the submittal of the municipal year-end report. b. At a minimum, the City shall collect the following materials at curbside: 1. Newspaper and advertising supplements; 2. Corrugated cardboard; 3. Clear, brown, and green glass food and beverage containers; 4. Metal food and beverage cans; S. All plastic bottles with a neck except bottles that previously contained hazardous materials or motor oil; and 6. Magazines and catalogs. c. The City must estimate its participation rate in the curbside recycling program during the month of October. Methodology for measuring participation must be approved by the County. d. The City shall submit, on forms provided by the County, a Final 2002 Report by February 15, 2003. Page 1 of 6 , . . . e. All grant funds accepted by the City from the County pursuant to this Agreement (SCORE Funds) ~hall be used for waste reduction and recycling capital and operating expenses in the year granted. The City shall not retain any SCORE funds in excess of actual program expenses. f. The City may not charge its residents through property tax, utility fees, or any other method for that portion of the costs of its Recycling Program that is funded by SCORE funds. g. The City shall establish a separate accounting mechanism, such as a project number, activity number, cost center or fund that will separate recycling revenues and expenditures from all other municipal activities, including solid waste and yard waste activities. h. Recycling and waste reduction activities, revenues and expenditures are subject to audit by the County. i. If the City does not contract for curbside services, the City will receive SCORE funds provided that at least ninety percent (90%) of the SCORE funds are credited back to residents and the City meets all minimum program requirements. The additional ten percent (10%) of SCORE funds may be used for City administrative and promotional expenses. II. TERM OF TillS AGREEMENT This Agreement shall commence upon execution~ and terminate on December 31, 2002. m. METHOD OF COMPENSATION 1. The County will distribute SCORE funds to the cities only to the extent the County has received such funds from the State of Minnesota. The City will receive SCORE funds per the formula below: No. of Households Serviced Curbside by City Total SCORE Revenue X Received by County from State of Minnesota SCORE Funds = Distributed to City Total No. of Households Serviced Curbside in County The COl,lnty shall pay the City .an amount not-to-exceed twenty-three thousand and six hundred ninety dollars ($23,690). This amount is based upon previous SCORE fund amounts received by the County. Under no circumstances will the County's obligation of SCORE fund distribution exceed the City's proportion of SCORE . fund revenues received by the County. 2. The SCORE fund payment will be forwarded after the County Board receives and approves this Agreement signed by an authorized official of the City. . IV. INDEMNIFICATION AND INSURANCE 1. The City agrees to defend, indemnify, and hold harmless the County, its officials, officers, agents, volunteers, and employees from any liability, claims, causes of action, judgments, damages, losses, costs, or expenses, including reasonable attorney fees, resulting directly or indirectly from any act or omission of the City, its subcontractors, anyone directly or indirectly employed by them, and/or anyone for whose acts and/or Page 2of6 omissions they may be liable in the performance of the services required by this Agreement, and against all loss by reason of the failure of the City to perform fully, in any respect, all obligations under this Agreement. 2. In order to protect the City and those listed above under the indemnification provisions, the City agrees at all times during the term of this Agreement and beyond such term when so required, to have and keep in force insurance, either under a self-insurance program o.r insurance policies as follows: Limits a. Commercial General Liability with the following coverages. Contractual Liability coverage must be included. General Aggregate Products-Completed Operations Aggregate Personal and Advertising Injury Each Occurrence - Combined Bodily Injury and Property Damage Fire Damage - Any One Fire $1,000,000 $1,000,000 $1,000,000 $1,000,000 $100,000 b. Automobile Liability covering owned, non-owned, and hired automobiles or "Any Auto": . Combined Bodily Injury and Property Damage - Each Occurrence Statutory c. Workers' Compensation and Employers' Liability: 1) Workers' Compensation Statutory 2) Employers' Liability Bodily Injury by: Accident - Each Accident Disease - Policy Limit Disease - Each Employee $100,000 $500,000 $100,000 . An umbrella or excess policy over primary liability coverages is an acceptable method to provide the required insurance limits. 3. The above establishes minimum insurance requirements. It is the sole responsibility of the City to determine the need for and to procure additional coverage that may be needed in connection with this Agreement. Copies of insurance policies shall be submitted to the County upon written request. v. INDEPENDENT CONTRACTOR The City shall select the means, method, and manner of performing the services herein. Nothing is intended or should be construed in any manner as creating or establishing the relationship of co-partners between the parties hereto or as constituting the City as the agent, representative, or employee of the County for any purpose or in any manner whatsoever. The City is to be and shall remain an independent contractor with respect to all services performed under this Agreement. The City represents that it has or will secure at its own expense all personnel required in performing services under this Agreement. Any and all personnel of the City or other persons while engaged in the performance of any work or services required by the City under this Agreement shall have no contractual relationship with the County, and shall not be considered employees of the County. Any and all claims that mayor might arise under the Minnesota Economic Security Law or the Workers' Compensation Act of the Page 3 of6 State of Minnesota on behalf of said personnel, arising out of employment or alleged employment, including, without limitation, claims of discrimination against the City, its officers, agents, contractors, or employees shall in no way be the responsibility of the County. The City shall defend, indemnify, and hold the County, its officials, officers, agents, volunteers, and employees harmless from any and all such claims irrespective of any determination of any pertinent triqunal, agency, board, commission, or court. Such personnel or other persons shall neither require nor be entitled to any compensation, rights, or benefits of any kind whatsoever from the County, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, Workers' Compensation, Re-employment Compensation, disability, severance pay, and retirement benefits. VI. COMPLIANCE WITH LAWS . The City agrees to comply with all applicable state and federal statutes, regulations, and ordinances pertaining to solid waste management and recycling in force or hereafter enacted including, but not limited to, the applicable provisions in Minnesota Statutes, Chapter lISA. VII. NON DISCRIMINATION - AFFIRMATIVE ACTION . The City and its contractors shall follow the City's Affirmative Action policy against discrimination. Hennepin County shall follow its Affirmative Action policy against discrimination VIII. DATA PRIVACY The City, its officers, agents, owners, partners, employees, volunteers or subcontractors agree to abide by the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13, and all other applicable state and federal laws, rules, regulations and orders relating to data privacy or confidentiality, and as any of the same may be amended. The City agrees to defend, indemnify and hold the County, its officials, officers, agents, employees, and volunteers harmless from any claims resulting from the City's officers', agents', owners', partners', employees', volunteers', assignees' or subcontractors' unlawful disclosure and/or use of such protected data. The terms of this paragraph shall survive the cancellation or termination of this Agreement. . IX. RECORD AVAILABILITY The City agrees that the County, the State Auditor, or any of their duly authorized representatives at any time during nor:q:w.l business hours, and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of the City and involve transactions relating to this Agreement. Such materials shall be maintained and such access and rights shall be in force and effect during the period of the Agreement and for six (6) years after its termination or cancellation pursuant to Minnesota Statutes Section l6C.OS sub. S. X. MERGER AND MODIFICATION It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subj ect matter hereof. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. Any alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties hereto. Page 4 of6 XI. MINNESOTA LAWS GOVERN The Laws of the State of Minnesota shall govern all questions and interpretations concerning the validity and construction of this Agreement and the legal relations between the herein parties and performance under it. The appropriate venue and jurisdiction for any litigation hereunder will be those courts located within the County of Hennepin, State of Minnesota. Litigation, however, in the federal courts involving the herein parties will be in the appropriate federal court within the State of Minnesota. If any provision of this Agreement is held invalid, illegal or unenforceable, the remaining provisions will not be affected. XII. TERMINATION Either party may terminate this Agreement with or without cause, upon at least thirty (30) days written notice. In addition,. the County shall have the right to terminate this Agreement on ten (10) days written notice if the City's performance is not timely or is substantially unsatisfactory or if the City has violated any of the covenants, agreements, or stipulations in this Agreement. Notwithstanding the above, the City shall not be relieved ofliability to the County for damages sustained by the County by virtue of any breach of the. Agreement by the City. Upon notice to the City of the claimed breach and the amount of the claimed damage, the County may withhold any payment to the City for the purpose of set-off until such time as the exact amount of damages due the County from . the City is determined. In the event the County does not receive any SCORE funds, this Agreement will be terminated upon written notice by the County. XIII. CONTRACT ADMINISTRATION In order to coordinate the services of the City with the activities of the Department of Environmental Services so as to accomplish the purposes of this Agreement, Carl Michaud, Solid Waste & Recycling Program Manager, will manage this Agreement on behalf of the County and will serve as liaison between the County and the City. XIV. LIMITATION ON INDEMNIFICATION Nothing in .this Agreement constitutes a waiver by the City of any statutory or common law defenses, immunities, or limits on liability. The indemnification obligation of the City under this Agreement cannot exceed the amount that the City would be obligated to pay under the provisions and limitations of Minnesota Statutes, Chapter 466. . {The rest of this page is intentionally left blank} Page 5 of6 . . COUNTY BOARD AFPROV AL The City, having signed this contract, and the Hennepin County Board of Commissioners having duly approved this contract on the _ day of , 2002, and pursuant to such approval, the proper County officials having signed this contract, the parties hereto agree to be bound by the provisions herein set forth. ATTEST: By: Deputy/Clerk of the County Board Date: APPROVED AS TO FORM AND EXECUTION: By: Assistant County Attorney Date: City organized under: Statutory Option A_ By: Chair of its County Board Date: And: Assistant/Deputy/County Administrator Date: And: Assistant County Administrator, Public Works and County Engineer Date: RECOMMENDED FOR APPROVAL By: Director, Department of Environmental Services Date: CITY OF SHOREWOPD By: Its: Date: And: Its: Date: Option B Charter Page 6 of6 l " : . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236 .- FAX (952) 474-0128' www.cLshorewood.mn.us' cityhall@cLshorewood.mn.us :MEMORANDUM . TO: Mayor and City Council FROM: Brad Nielsen DATE: 23 May 2002 RE: Sign Permit - Waterford Plaza Shopping Center FILE NO. Property - 19905 State Highway 7 Signartt Inc. has requested a sign permit for the above-referenced property. They propose to replace the existing freestanding sign located in front of the center with the one shown on Exhibit A. This is quite consistent with the previously approved sign in terms of heightt size and location. Part of the change is to eliminate the message board portion of the sign. While the City does not require this type of feature, the applicant and owner are . reminded that temp9rary signs are limited to two per year for seven days at a time. They also propose to put an identity logo on each of the gable features on the front of the building. This logo will match the one on the freestanding sign (see Exhibits C and D). Based on the preceding, approval of the permit is recommended. cc: Craig Dawson Signart, Inc. Waterford Plaza - Cinco Corp. .:Jl3e. n ~J PRINTED ON RECYCLED PAPER r )i; ~ -< ~ .' ~~6~ ..' ~ C.f) s: ~ ~ :z: .... Z -l 0F:!:2F: ~ [TI 0 ~ ~ c:;:r-G>r- ~ -....J ~ ~;<:~;<: ~ ~ C;3 m -tr-. r- -' C.f) t9 "'l "'l.' 0 -' Q 2S ~ f1i ~ "0 :;u r-!:2 0 ~ 0 o~ 0 . m -' 0 2e .,' G>f.i2 ~ );! ~ 0 01'1'1 ::;; C :tJ~ :T1 :;u ~O ):>. 1'1'11'1'1 0 r- 1'1'1 '. .'. -1 -1 -1 -1 -1 -1 -1 -1 -1 -1 m m m m m m m m m m Z Z Z Z Z Z Z Z Z Z CO - )> )> )> )> )> l> )> )> l> )> I ~ Z Z Z Z Z Z Z Z Z Z -1 -1 -1 -I -I -I -1 -I -1 -I f 20'-0" 1 0'-6" 12"rt16"1 1 1 , ~ : ~.: '. ~r I' V td. ..::::tJ..1 ~ L .;{ /Yltl Ui- i~ . att . ~Y'd Q;yQ=RI3.J.:yM j.. . . -+- .. - ...0 . - J: u\ (!) .~ i~ -a $ v-,p ~ . . ~ @ . · d ~ r , .. t:S" .", -t- ~ . BJ Co\~ oJ ~ ~~ ~ 2 ~z ~~ \JCffi @u ~ · d . ,.. ,. .".".-. rZ1-1/ZII--l . .' . .. . . .. ..". -.".. . - " . ". .-' .:., .~' . . . .'-' .. .... . . . ..' '.- .:. .,.,:'.:"' :,~ , . ' .. . eN 0) - - . -1l("' ;. o :t ...P :.Z: ~ "1 . ,. . CITY OF SHOREWOOD t, 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236 FAX (952) 474-0128' www.cLshorewood.mn.us. cityhall@cLshorewood.mn.us MEMORANDUM . TO: Mayor and City Council FROM: Brad Nielsen DATE: 28 May 2002 RE: Sign Permit - Southshore Community Park FILE NO. 405 (Sign Permits) . Tonka Signcrafters, on behalf of the Shorewood Park Commission has submitted plans for a sign at the South Shore Community Park (see Exhibit A, attached). ,The sign is consistent with Shorewood' s Zoning Code requirements with respect to height and area. The sign must be located five feet back from the right-of-way line for St. Alban's Road. This may take some adjustment of the proposed landscape plan for the center island, as shown on Exhibit B. Approval of the permit is recommended. cc: Craig Dawson Larry Brown Park Commission n ~J PRINTED ON RECYCLED PAPER ~3F TONKA SIGNCRAFfERS 30 Woodlawn Ave. ExOOIslor,'Mri. 55331 9~ .;:2-474-8562 .~ . 11 Customer 5f1oJ(.(;woo/J PI'7/2.k. . FCtA;v();4..-FIOW Date . 7-/8-0 ( t<- . ._:.__.:._...--:._.:........:._..~..- 7;2 II --..---..-.-----..--~....~..-...:....-~-...-..->f . ,~~2qQI. . ., .. 5 e.lJ.'t"... H. S f eTR E ---:.-~..;.,~.- . - -. :.. -.-....;.-...' ._..:.. :...:. :-L ."t . ..:. ...:. ..:......:.--";. ..:.. · . _ '. . . - . -1 -. .. .. -..:....-......--. ...:.. .~. :..: _.: ...:. . ~._.-:::.:::..:....T. .-;..-.--..--..:....-.-:..:.:~-.....~.-. - ....... COM:MUNI J1..PAR\\:. " /.. €T7E1-S ~-._.-''l'. . . ,. '. :s..up~Q.1~TEp '8Y' 'AMER'IC'AN LEGION PDST'ZS?' . . ..- I .' ? . /,r:11J5#.' 7 ~. , . . .. --. .~.... . . I . .. ,"4. -;p ----- .~ (J) MA~e~JAL:~ i ~ "..$""~c7fJ . e.~bf')~ : (~) ir:11-6'is /.c.f4.1"{,1) I .Pfi.(r-1t;/;; .-J. Pt'1/;'J7E/J. (3) L.E77e";:€"lJ .1 . $:' o~ . 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July 25, 2001 "I -elarence Clofer Post and Unit No. 259 ..---- 24450 Smithtown Road Excelsior, Minn. 55331 .. , K ,4 Pat Arnst Chairperson Shorewood Park Commission 5755 Country Club Road Shorewood, MN 55331 Dear Pat, As you know, Clarence Clofer American Legion Post 259 has committed itself to sponsor the South Shore Community Park, both in spirit and financially. We would like to begin the process now. The park is in need of identification, and Post 259 proposes to provide a sign. Attached . is a drawing of sign that we would purchase for installation in the park. It is constructed of cedar, with engraved and painted lettering. The upright posts are constructed in such a manner as to allow the installation of additional sponsor identification if another organization wishes to co-sponsor the park. By copy of this letter to Larry, you should be able to discuss the sign at your next Park Commission meeting and determine a suitable location within the park. The proposal is , based upon city employee pick-up and installation. If you do accept this proposal, we will ask Tonka Signcrafters to build the components and contact Larry when it's ready for installation. Post 259 will pay Tonka Signcrafters after pick-up. We trust that you will accept this proposal. We are very proud of our commitment to the community in which we live, and look forward to even other additions to this park. Sincerely, Clare ce?1r hn;rican LegionPost 259 ~~. . n Dallman Adjutant, co: Larry Brown, City Engineer ~h~b'.t C, Cc,T~ [ "1 ,;\.. .~~ I ~.' ~ ;1, r ' CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331 "8927 · (952) 474-3236 FAX (952) 474-0128 · www.cLshorewood.mn.us · cityhall@cLshorewood.mn.us MEMORANDUM TO: Mayor and City Council . FROM: Brad Nielsen DATE: 22 May 2002 RE: Shorewood Market - Sign Permit FILE NO.: . Sign Permits - 5680 County Road 19 . At its last meeting the City Council continued action on the sign permit for the newly opened Shorewood Market (formerly Total Gas), pending resolution of the nonconformirig billboard currently located on the site. Since then we have received a copy of the American Legion's notice to the billboard company, directing them to remove the billboard by 30 June 2002 (see Exhibit A). Given the City's past experience with billboard companies, the City Attorney advises that the . new signage for the Shorewood Market not be allowed to be erected until the billboard has been removed. In the meantime the temporary sign permit approved at the last meeting would be extended until the end of June. Staff recommends that the permanent signs be allowed as soon as the billboard haS been removed. . If you have any questions relative to this matter, please do not hesitate to contact me prior to the meeting. Cc: Craig Dawson Tim Keane Ford Thatcher n t~ PRINTED ON RECYCLED PAPER iI.3~ Ma~ 20 02 10:U4a Clarence CIofer Post and Unit No. 259 24450 Smithtown Road Excelsior, Minn. 55331 May 20, 2002 Clear Channel Outdoor Real Estate Department 3225 Spring St. N.E. Minneapolis, MN 55413 RE: NEAGELE GROUND LEASE # 9876-1, Smithtown Road, Shorewood, MN Gentlemen: . The referenced Lease is hereby terminated on May 31, 2002. Enclosed please a letter from the City of Shorewood demanding that the sign located at Smithtown Road and Hennepin County Road 19 be removed before June 30, 2002. This should come as no surprise to your organization as you were informed in 1998 th~t the City directed us to remove the sign at that time. Please remove from the premises, in its entirety, the sign structure, supports, footings and electric components. Your cooperation in this matter is appreciated. If you have any questions you may call me on (612) 341-2651 days. Sincerely, Clarence Clofer American Legion Post #259 ()d~ enneth L. Dallman Chairman, Housing Committee cc: Bradley J. Neilson, City of Shorewood . E..)lh~b~t ~ CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD. MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128. www.ci.shorewood.mn.us. cityhall@cLshorewood.mn.us MEMORANDUM DATE: May 22, 2002 CC: Mayor and Council Members Jean Panchyshyn, Executive SecretarylDeputy Clerk -sf Craig W. Dawson, City Administrator ~ Amendment to the Municipal Code Relating to Spring Cleanup . TO: FROM: RE: The existing City Code on Spring Cleanup states that curbside pick-up items must be on the curb by 8:00 a.m. For the past several years, the curbside pick-up has actually begun at 7:00 a.m., the time that the City's contractor for Spring Cleanup begins working. The City has also advertised 7:00 a.m. as the curbside pick-up time. . The attached Ordinance amendment corrects the Spring Clean-Up curbside pick-up time from 8:00 A.M. to 7:00 A.M. COUNCIL ACTION: Approval of an Ordinance Amending Chapter 507 of the Shorewood City Code Relating to Spring Cleanup. n \,.1 PRINTED ON RECYCLED PAPER -iF !J JI- CITY OF SHOREWOOD ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 507 OF THE SHOREWOOD CITY CODE RELATING TO SPRING CLEANUP THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS AS FOLLOWS: Section 1. Section 507.09, Sub. 1 of the Shorewood City Code shall be amended to read as follows: Sub. 1. Curbside Pickup: Items must be on the curb by eigftt-seven o'clock ~ (7:00) A.M. and will be picked up at residential sites only. The following items will be accepted for curbside pickup: - Brush, cut in four foot (4') lengths and bundled so as to be manageable by one person; - Yard waste in bags, grass clippings, and leaves; - General household rubbish, including small furniture items. . Brush and yard waste must be piled and separated from the trash. The following items will not be accepted for curbside pickup: - Construction debris, lumber, blocks, sheetrock, and other building materials; - Chemicals, liquid paint, weed spray, solvents, and other chemical products. (Ord. 237, 5-13-91) A fee as provided in Section 1301.02 of this Code will be charged to each residential unit within the City for the pickup service. The fee will be based upon the total cost of the service to the City, apportioned equally among the residential units within the City and . will be included in the utility billing statement sent to each residential account for the second quarter of the year. Section 2. This ordinance shall be in full force and effect following its passage and publication. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, this 28th day of May, 2002. JOHN GARFUNKEL, ACTING 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 . Date: May 22, 2002 To: # Honorable Mayor and City Council Members Bonnie Burton, Finance DirectorfTreasurer V From: cc: Craig W. Dawson, City Administrator ~ Setting the date for the 2003 Budget Work-session Re: . It is time to begin preparation for the year 2003 budget and to that end, attached for your review is the tentative 2003 Budget Schedule. An important aspect of the budget process is determining the budget priorities' and objectives as established by the City Council. Staff respectfully requests council direction in determining these priorities. Staff recommends that the work.;.session be scheduled immediately following the June 24, 2002 council meeting. A simple motion is all that is required to set this date, if this is satisfactory to the City Council. Please advise if you have questions or if we can be of further assistance. ft ~J PRINTED ON RECYCLED PAPER :It 3 I Date 06/24/02 07/08/02 07/29/02 08/12/02 08/23/02 08/26/02 09/01/02 09/09/02 09/16/02 10/01/02 10/19/02 11/04/02 11/20-11/24 11/29-12/20 11/27/02 12/02/02 12/09/02 12/27/02 City of Shorewood Year 2003 Budget Schedule (Tentative) Descrivtion Council work-session to provide direction to staff re: budget priorities. Budget worksheets distributed to staff and department heads. Completed budget worksheets due from staff. Regular city council meeting. Council and staff budget work session. Preliminary budget completed. . Regular city council meeting. Draft budget presented to City Council. MN Department of Revenue to certify HACA to cities. Regular city council meeting. Council adopts 2003 preliminary budget and levy. Proposed budget and levy must be adopted and certified to County Auditor by this date. State form Payable 2003 PT Form 280 also to be submitted. County to certify Levy Certification Tax Rate to Cities. Tax Rate Public Hearing and submission of council resolution approving the tax rate increase due to the state by this date. Regular City Council meeting. Enterprise fund budget workshop with Council and staff. . Counties to mail Notice of Proposed Property Tax by this date. Initial hearing to consider proposed budget and levy must be held between these dates. (The City of Shorewood regular council meeting date is 12/9. The City cannot hold their hearing on certain dates that will be used by the county or other taxing districts. Budget hearing advertisement published in the official newspaper. City initial budget truth-in-taxation hearing. (TNT Hearings will be mandatory again this year.) Regular city council meeting. Final budget and levy adopted, or continuation hearing if required Final levy and budget must be certified to the County Auditor by this date. State forms Payable 2003 Property Tax Levy Report and PT Form TNT2003 also due. . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236 FAX (952) 474-0128 · www.cLshorewood.mn.us · cityhall@cLshorewood.mn.us MEMORANDUM DATE: May 22, 2002 RE: Mayor and City Council Craig W. Dawson, City Administrator ctJ Mound Fire Department Annual Report TO: . FROM: Fire Chief Greg Pederson will be present this evening to give his annual report to Council on the Mound Fire Department activities. Attached is the 2001 Annual Report Overview. The complete 2001 Annual Report is available for review at City Hall. . ~5A {) PRINTED ON RECYCLED PAPER Mound Fire Department 2001 Annual Report Overview The year 2001 was a very successful year for the Mound Fire department. The most important component of the organization is the human resources component. Mound FD continues to be strong in this area with a full complement of (3 7) firefighters. This is a significant accomplishment considering the nationwide trend offewer volunteers. Mound Fire department did have one veteran firefighter retire during the calendar year (David Boyd) with 26 years of experience and service. David Boyd was replaced on the roster with a new member, Steve Henkels. The activity level for Mound Fire department continues to be quite high with fire and rescue runs totaling 614 for the 2001 calendar year. This is a reduction of calls from the recent past that can be attributed to our "Rescue Call Reduction program" (refer to appendix A). Even with the reduction in calls, this volume of calls ranks Mound Fire in the top 7% of the fire departments in Minnesota for fire/rescue runs. Obviously, our activity level remains high. There were many accomplishments for Mound Fire in the year 2001 including: maintaining staffing levels, formation of a fire commission, justification and purchase of a new engine, approval of full time fire Chie4 plus other important items (refer to section IV). The members of Mound Fire also successfully completed the 50th annual fish fry with the largest crowd ever. All volunteer paid-on-call fire departments face many significant challenges today and in the future. These challenges are becoming major issues for most fire departments that must be addressed. All of these issues have forced major change upon the fire service that will impact all citizens that depend upon volunteer paid-on-call fire departments. Fire departments such as Mound Fire and others certainly have their hands full with the issues as highlighted in sections V & VI of this report. The Mound Fire department financial situation has been historically very good. In the year 2001, spending was again under budget by $13,705 which is 97% of budgeted plan. This balance of$13,705 will credited back to each city proportionately in 2002. A major capital purchase.for a new engine-pumper was approved in 2001. The purchase amount for the engine-pumper was $264,100 which reduces the apparatus replacement fund balance to $2,380. This new fire apparatus is expected to be delivered in October 2002. An overview summary of the financial report is included in section VII. In summary, the members of the Mound Fire department continue to strive to accomplish the goals of the department that will allow us to exceed the expectations of our customers. We all work together to meet our mission statement and vision statement, while adhering to our risk management philosophy. We are all proud to serve our customers, and we all appreciate the opportunity to serve six cities. Many challenges are facing the fire service; we are ready for these challenges! . . GP 4/22/02 ~~~ M~ V~ t1)iM, :b~, !Jnc. 2415 Wil~hire Blvd. Mound. Minnesota 55364 ~~~ MOUND FIRE DEPARTMENT 2001 SUMMARY Cateaorv Calls Hours Total Calls For All Cities 606 12,125 Mutual Aid 8 347 TOTAL 614 12,472 . Total Fire Calls For All Cities 350 7.368 Total Rescue Calls For All Cities 256 4,757 TOTAL 606 12,125 Total Fire Calls For Mound 155 3,030 Total Rescue Calls For Mound 163 3,052 TOTAL 318 6,082 . Total Fire Calls For Service Cities 195 4,316 Total Rescue Calls For Service Cities 93 1,727 TOTAL 288 6,043 Total In-House Training Hours 2,207.5 Total In-House Maintenance Hours 1,438.5 Total Personnel Hours - Fire I Rescue (with Mutual Aid) 12,472 - Training 2,207.5 - Maintenance 1,438.5 TOTAL 16,118 J!! 'ii u 500 '0 "- CD ~ 400 :J Z . . MFD Fire Rescue Call History I-calis I 900 800 700 600 300 200 100 o ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~ Year ~ 500 'ii 0 '0 400 ... Q) .a e :s z 300 - Calls MFD Fire Rescue Call Average 800 700 600 200 100 o 85-89 379 5 Year Period I-calls I . . . . TOTAL CALLS FOR ALL CITIES - 2001 (without mutual aid calls) 900 800 700 600 ~ 500 -' < u 400 300 200 100 0 1997 1998 1999 YEARS 2000 . TOTAL CALLS 2001 .!! 200 "ii CJ "ii - ~ 150 MFD TOTAL CALLS - 2001 350 300 250 100 50 o MOUND MINNETRISTA ORONO SPRING PARK City .TOTAL CALLS . . MINNETONKA BEACH SHOREWOOD 18% . . MFDFIRE CALL BREAKDOWN (PERCENTAGE OF TOTAL) - 2001 6% 1% 44% 21% . MOUND [] MINNETRIST A . ORONO . SPRING PARK II MINNETONKA BEACH m SHOREWOOD 7,000 6,000 5,000 4,000 r! ::s o :c 3,000 2,000 1,000 MFD PERSONAL HOURS - 2001 o MINNETONKA BEACH MOUND MINNETRISTA ORONO SPRING PARK City . PERSONAL HOURS . . SHOREWOOD 17% . . MFD HOURS BREAKDOWN (PERCENTAGE OF TOTAL) -2001 4% 1% 50% .MOUND DMINNETRISTA . ORONO . SPRING PARK II MINNETONKA BEACH mSHOREWOOD MFD 5 Year Breakdown of Fire I Rescue 500 450 400 350 .!! 300 "i (J ~ 250 0 "i .. ~ 200 150 100 50 0 MOUND MINNETRISTA ORONO SPRING PARK Cities I .1997 01998 81999 .2000 112001 I . . MINNETONKA BEACH SHOREWOOD ~ MFD Breakdown o - Ih) LJ .... CJt GII .... c; i ~ . ~ i i - l!l 8 ill i ~11fi.~~??t:~~\;[t~~tl ;;; III 8 r~I~~;1st~rlj I ~ g :i ~ .. ;;; s i!l ... ~ I ~ I . . . CITY OF SHOREWOOD PARK COMMISSION MEETING TUESDAY, MAY 14, 2002 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. MINUTES 1. CONVENE PARK COMMISSION MEETING DR FT Chair Arnst called the meeting to order at 7:01 P.M. A. Roll Call Present: Chair Arnst; Commissioners Meyer, Young, Callies, Bartlett, and Palesch; City Engineer Brown; and Council Liaison Lizee B. Review Agenda Chair Arnst asked to remove item #7 from the Regular Park Commission Agenda and discuss it during a Work Session following the regular meeting. Palesch moved, Meyer seconded, approving the suggested change to the Park Commission Agenda. Motion passed 6/0. 2. APPROVAL OF MINUTES A. Park Commission Minutes of April 23, 2002 Young moved, Palesch seconded, approving the Regular Park Commission Minutes of April 23, 2002, as submitted. Motion passed 6/0. B. Park Commission Work Session Minutes of April 23, 2002 Palesch moved, Callies seconded, approving the Park Commission Work Session Minutes of April 23, 2002, as presented. Motion passed 6/0. 3. MATTERS FROM THE FLOOR - There were none. 4. REPORTS A. Report on City Council Meeting of May 13, 2002 Liaison Lizee reported that the City Council accepted the business plan for the proposed "Depot" Concessions at Eddy Station. She complimented staff and Engineer Brown on a thorough analysis and well thought out proposal. Palesch asked Brown when the "Depot" would be open for business. Brown stated that with the equipment on order and advertising under way for staff to operate the concessions, he hoped to see it up and running in two to three weeks. Lizee added that the Legacy Foundation made a brief presentation to the Council on their plans for the Commons in Excelsior. Upon which the Council invited the Foundation to give a full-scale presentation to a '1P/t PARK COMMISSION REGULAR MEETING MINUTES May 14, 2002 Page 2 of4 combination of the five south shore community Park Commissions. She will keep the Commission abreast of any developments. One item was removed from the Consent Agenda last evening, which entailed MCES providing lifeguard services for the City. Lizee reported that Council and staff felt that MCES should continue to provide the lifeguard services they have in the past. Finally, Lizee relayed that Police Chief Litsey and Fire Chief DuCharme were in attendance and gave a presentation on the status of the joint service facility. B. Update on Park Management Brown reported that he had obtained an opinion from City Attorney Keane that states, because park management services fall under the realm of professional services, it is not necessary to ask for RFP's. Chair Arnst asked what the next step would be for the City. Brown indicated that two alternatives exist, either, newspaper ads can be placed or the City can pursue a letter of interest they have received. Palesch . believed that the most logical, economical, and expedient route would be to move forward with those people who have given a letter of interest. Meyer agreed, stating that she was comfortable moving in that direction. Chair Arnst maintained that the group submitting the letter of interest has displayed both reliability and dependability, is familiar with the City, and the process that has taken place regarding park management, therefore, the City should proceed with them. Callies urged staff and the Commission to start developing a job description in order to meet the self imposed goal of July 1,2002. Brown indicated that he would proceed in the direction given. C. Update on Parking lot and Road Closure at Freeman Park Brown reported that during the last Public Information Meeting, a neighbor, the Osha's, who share the access to Highway 7, voiced their objection oflate to the access closure. Brown indicated that up until this time, the Osha's have been kept in the loop regarding the plans for closure, and only now with the impending deadline, have they chosen to oppose it. Brown explained that the state needs to have open buy in from all affected parties and right of ways need to be obtained without objection before they will sign off on the project. With . the state deadline fast approaching, Brown pointed out that ifMnDOT is hesitant to help negotiate the situation, the City may back off entirely from the closure. Young questioned whether the closure of the access to Freeman could be obtained without disrupting the neighbors access. Brown noted that staff is working on the answer to that. D. Update on Smithtown Road The City has given the go ahead for engineers to perform the survey work for a final design. Brown explained that this is a lengthy process that could take from four to five weeks, at which time, they would then start a lot by lot tally regarding right of ways in order to nail down a final design. 5. MANOR PARK - SIDRLEY RICE MEMORIAL GARDEN PROPOSAL BY SOUTHSHORE GARDENERS Rebecca Fish, of the Southshore Gardeners, offered a proposal for improvements to the Shirley Rice Memorial Garden, an integral part of the City's Adopt a Garden program. Recently, the Shirley Rice family donated $2,500 for improvements to the garden. Ms. Fish and the Southshore Gardeners suggested this PARK COMMISSION REGULAR MEETING MINUTES May 14, 2002 Page 3 of4 donation be applied to a small side expansion to the garden in which a garden bench could be purchased and placed. The expansion would include the purchase of a bench, flagstone, and possibly edging. She pointed out that another Shorewood resident has generously offered to donate additional perennials for them to add to the garden, which would limit expenditures. Chair Arnst asked if additional costs were involved. Ms. Fish stated that the work was performed by volunteers, but inquired over a possible bench supplier. Palesch suggested using a local artisan to create a unique bench for the garden, perhaps of carved wood. Fish liked the idea and would suggest it at her garden meeting the next evening. Brown stated that he could supply her with potential commercial bench sources, as well as, the names of potential local artisans. Callies moved, Meyer seconded, that the Park Commission recommends staff work with the gardeners to make the proposal happen. Motion passed 6/0. . 6. DISCUSS REQUEST FROM MINNETONKA GIRLS SOFTBALL REGARDING SOFTBALL FIELD CHANGES Jeff Bailey, 19660 Sweetwater Curve, Vice-President of the Minnetonka Girls Softball Association, presented a proposal set forth by the Association which would include the placement of additional bases and pitching rubbers using a receptacle and post system. As Bailey explained, Freeman fields 4,5, and 6 are mainly set up for adult softball, and what is being proposed is fairly common practice where you might fmd both adult and youths using the same fields. The modifications will allow for shorter distances for the girls between the pitching rubbers and the bases. The association will incur the costs and Bailey was merely looking for permission to install the systems. Chair Arnst pointed out that by allowing these permanent receptacles, the City will be able to accommodate different forms of the game, which in turn, lends to the Commission's desire to diversify the fields. She reminded Bailey to work with staff to ensure the proposal complies with City ordinances and reiterated to him that any changes they make become property of the City. . Palesch moved, Meyer seconded, accepting the proposal submitted by Minnetonka Girls Softball Association for alterations to the softball fields 4, S, and 6. Motion passed 6/0. Bailey added one additional comment regarding the Concessions. With a captive audience of over 150 plus girls on the fields on Sunday afternoons, Bailey commented that he is eagerly awaiting the grand opening of the Concessions at Eddy Station. 8. SOUTH TONKA BASEBALL - FREEMAN PARK DUGOUTS Brown provided background regarding the Freeman Park Dugout shelters. As discussed in previous meetings, last year the City granted South Tonka Baseball a conditional use permit to construct dugout shelters in three locations on fields 1 and 2 at Freeman Park. A fourth location, the third base side of field 2, was not approved due to a setback variance issue. At the time, the structures that were built did not conform to the approved plans and were required to be removed. Representatives of South Tonka have now requested approval for seasonal awnings in place of the permanent structures. Brown pointed out that the proposal is relatively simple and displayed a picture of a sample awning. These awnings are seasonal and would only be up during the baseball season, roughly April 1 - October 31. Brown continued that the earlier concept presented to the Park Commission did not include plans or a picture, thus, PARK COMMISSION REGULAR MEETING MINUTES May 14,2002 Page 4 of 4 the Commission was hesitant to make a recommendation. Since that time, after reviewing plans, the Planning Commission made a recommendation contingent upon review and approval of the Park Commission. Brown indicated that if both Commission's were in agreement, then the recommendation would be forwarded to the Council for a formal decision on May 28, 2002. Callies questioned the need to attach dates to the recommendation. Tichy indicated that with or without the dates, the awnings would be removed after the season to avoid unneeded wear and tear on the awnings during the winter months. Meyer moved, Palesch seconded, approving the dugout design for fields 1 and 2, four locations including the third baseline of field 2. Motion passed 6/0. 9. REVIEW SIGN PERMIT FOR SKATE PARK Brown reported that there had been a delay in obtaining the design of the Skate Park sign due to health problems on behalf of the contractor. Chair Arnst encouraged Brown to check the language as previously discussed regarding the sign. She also asked if this sign, as well as, the rules signage could be posted . forthwith. Brown apologized, indicating that staff is currently under many other deadlines which limit his ability to install these signs in a more timely fashion. Meyer moved, Palesch seconded, approving the sign permit application presented for the Southshore Community Park. Motion passed 6/0. 10. REPORT ON CONCESSION STAND OPERATIONS - Discussed earlier. 11. NEW BUSINESS Callies questioned whether Brown had received the note from Ken Dallman regarding the issue of a freestanding water fountain at Eddy Station, Freeman Park. Brown mentioned that although he had received the e-mail, due to code issues and the costs, nearing $8,500, it is unlikely going to happen. Brown indicated that he will follow-up and obtain fIrm numbers for its installation. 12. ADJOURNMENT . Palesch moved, Callies seconded, adjourning the Regular Park Commission Meeting of May 14, 2002, to Work Session at 7:52 P.M. Motion passed 6/0. RESPECTFULLY SUBMITTED. Kristi Anderson Recording Secretary CITY OF SHOREWOOD PARK COMMISSION WORK SESSION TUESDAY, MAY 14, 2002 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS FOLLOWING REGULAR MEETING MINUTES 1. CONVENE PARK COMMISSION MEETING D. R, AFT' " I', ,~'\. Chair Arnst called the Work Session to order at 7:54 P.M. A. Roll Call Present: Chair Arnst; Commissioners Callies, Young, Bertlett, Meyer, and Palesch; City Engineer Brown; City Council LiaisQn Lizee; and Mark KQegler of Hoisington KQegler 2. MASTER PLAN REVIEW - FREEMAN PARK . As part of the Shorewood Parks Master Plan Review, Chair Arnst introduced Mark KQegler, Qf Hoisington Koegler GrQUP, who conducted an exercise to bring focus to the discussiQn of Freeman Park from the last meeting. He supplied each CQmmissiQner with a wQrksheet including a draft of the park and its identified users and facilities, sticker pages in bQth red and blue Qf the various activities that CQuld be done at the park, and then asked them tQ envision where it is they see the park in approximately ten years. Mr. Koegler allQwed the Commissioners approximately 15 minutes to place their red or blue stickers on their sheets depending Qn their perceived level of importance and summarize in one tQ two sentences Freeman Park in 10 to 20 years. After everyQne was given an OPPQrtunity to complete their exercise, Koegler quickly tallied the responses. Upon first glance, Koegler was able to identify several trends. Based on the CommissiQners answers, it appeared most everyone felt that active future use of the park outweighed passive uses. Each Commissioner gave individual summaries of Freeman Park as fQllQws: . . Lizee viewed the Park as mainly Qpen tQ large groups fQr its uses, Qffering hourly rental equipment fQr more passive use, and more Qverall use Qfthe multi-use facilities and cQncessions. . Callies summarized the use of the Park as a multi-use park open to all ages. . Chair Arnst felt the Park would Qffer a balance of the interests Qf all groups within the community. . Bartlett felt the Park WQuld be similar to what it is tQday, offering many Qfthe same QPportunities it currently offers, in addition it WQuld benefit new grQups/users like lacrosse, etc. . Young believed the Park will be a multi-use facility that draws a diverse user. . Palesch viewed Freeman Park mQving away from the current sports organization emphasis towards more of a family park, attractive to seniors as well. She felt baseball and softball would likely [md a new home, where they have fewer restrictions, more parking, and more fields. She believed the park would offer a greater variety to the community, its families, and senior users. Palesch maintained that the Park would become a recognizable gathering place in Shorewood, providing its identity. . Meyer believed Freeman would be a place for all users, less active than it is now, with a little more emphasis on family use. . . PARK COMMISSION WORK SESSION MINUTES April 23, 2002 Page 2 of2 Koegler observed that no drastic changes were immenent, but merely adjustments were the recommended course of action by most Commissioners. He stated that there seems to be a common interest in diversity or balance, noting that currently, the seniors could be more adequately served in the future. Koegler pointed out that there is great interest to market Freeman as the gathering place of Shorewood residents. Chair Arnst explained that in her view, no sole activity should out shout any other activity. She maintained that Park Management is the key to obtaining a proper balance within Freeman Park, upon which many of these things hinge. Callies stated that she disagreed with the elimination of some of the sports organizations. She maintained that the park cannot and should not try to be everything to all audiences and that there needs to be a place in Shorewood for its sports users. She continued that those users do consider sports as a social gathering. Lizee pointed out that sports in general may trend in various directions over the years which would naturally change the parks emphasis. Koegler stated that he would make an outline for the Freeman Park Comprehensive Plan to examine at a later date. As a Shorewood Community Park, if the Commission desires the gathering place concept . most, they will need to carve out a niche for it in the future plans. Chair Arnst asked Koegler to factor in formal park management into his report as the Commission works on a recommendation. Koegler agreed, maintaining that developing the criteria for management is the key. Young voiced his concern over expanding activities at Freeman Park at the loss of those successful ones that exist there currently. He added that before additional activities are considered, the City needs to solve the current parking issues that exist ftrst. Koegler closed by pointing out that the City has a great place in Freeman, with great facilities, and everyone wants to be there, but they don't all ftt; its a mixed blessing. 3. ADJOURNMENT The Commission will meet next on Saturday, June 8, 2002, at 8:30 A.M. at Silverwood Park for Park Tours. The Commission will not meet again for a regular meeting until June 11,2002, at 6:30 P.M. at Freeman Park . for a tour and meeting which Mark Koegler will attend. Meyer moved, Bartlett seconded, adjourning the Park Commission Work Session of May 14, 2002, at 9:00 P.M. Motion passed 6/0. RESPECTFULLY SUBMITTED. Kristi Anderson Recording Secretary . . CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, 7 MAY 2002 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES CALL TO ORDER Chair Bailey called the meeting to order at 7:02 P.M. ROLLCALL Present: Pisula; Planning Chair Bailey; Commissioners Gagne, White, Packard, Woodruff, and Council Liaison Turgeon; and Planning Director Nielsen Absent: Commissioner Borkon APPROVAL OF MINUTES . April 23, 2002 Gagne moved, Pisula seconded, Approving the April 23, 2002, Planning Commission Meeting Minutes as submitted. Motion passed 6/0. Director Nielsen asked that item #5 on the Agenda be removed. 1. 7:00 P.M. PUBLIC HEARING. C.U.P. . ACCESSORY SPACE OVER 1200 SO. FT. Applicant: Location: Dick and Arnette Lindeen 28005 Boulder Bridge Drive Chair Bailey opened the Public Hearing at 7:05 P.M., noting the procedures utilized in a Public Hearing. Planning Director Nielsen explained that the Lindeen's had applied for a conditional use permit to construct an attached garage on their property. When combined with the existing attached garage, the total floor area of accessory space on the property is approximately 1794 square feet. Nielsen noted that the Shorewood Zoning Code contains four specific criteria for granting this type of conditional use permit. He maintained that the applicants' proposal complies with the Code as follows: a. The total area of accessory space (1794 sq. ft.) does not exceed the total floor area above grade of the principal structure (5600 sq. ft.). PLANNING COMMISSION MEETING MINUTES May 7, 2002 Page 2 of 14 b. The total area of accessory space does not exceed ten percent of the minimum lot area for the P.U.D.lS zoning district c. The proposed garage complies with the setback requirement of the P.U.D.lS zoning district. Hardcover will go from 18.7 to 20.3 percent, remaining in compliance with the 25 percent maximum d. The new garage addition will be integrated into the architecture of the existing home In light of the preceding, Nielsen stated that the applicant's request is consistent with the requirements of the Shorewood Zoning Code and should therefore be granted a conditional use permit. Sid Levin, designer for Lake Country Builders, Inc., added that the second floor above the new garage will be unfinished and the space below ground level connected to the basement will likely be a shop for the owner. Chair Bailey closed the Public Testimony at 7:14 P.M. as neither the public nor Mr. Lindeen had . anything further to add. Commissioner Gagne reported that he had taken a trip out to the property and noted that the request is fairly straight forward as indicated by staff. Pisula moved, Packard seconded, approving the Conditional Use Permit for Accessory Space over 1200 square feet, subject to staff recommendations. Motion passed 6/0. 2. 7:15 P.M. PUBLIC HEARING - REZONING FROM "R-IA/S" TO "L-R" AND C.U.P. FOR EXISTING MARINA Applicant: Howard's Point Marina Location: 5400 Howard's Point Road Chair Bailey opened the Public Hearing at 7: 16 P.M., reiterating the procedures utilized in a Public Hearing and encouraging both brevity and courtesy. . Nielsen presented several comments received by mail and e-mail noting that these would be entered into public testimony as well. Director Nielsen began by explaining that representatives ofthe Howard's Point Marina (HPM) have submitted an application for the rezoning of the property located at 5400 Howard's Point Road. Currently zoned R-INS, they ask that the site be included in the L-R Lakeshore Recreational district. Nielsen added that the marina owners have also arranged to purchase the property immediately to the north (5380) for which they also request L-R zoning. As set forth in the staff report, in order to achieve better compliance with the standards of the L- R District, the applicants' propose to remove, over a three year period, the old cabin and the house, designated D on the site plan. Overall, the length ofthe shoreline gained by adding the northerly parcel to the HPM site allows them to add 14 boat slips to the 45 that they currently have and the potential for a fishing pier. Nielsen went on to explain that the additional land on PLANNING COMMISSION MEETING MINUTES May 7, 2002 Page 3 of 14 the northerly parcel will be used to expand the parkinglboating storage area and to construct a landscaped berm as a buffer for residential properties to the north of the site. With regard to staff recommendations, Nielsen summarized approximately seventeen suggestions: 1. If the Rezoning of the existing site is consistent with the comprehensive plan - the Marina is "encouraged" to comply with City Standards. 2. He noted expansion provides some opportunity, but raises many issues (e.g. traffic) . The Planning Commission is encouraged to use Policy from the Land Use Chapter to make its determination the only permitted use in the L-R District is water-harboring of boats, the number to be determined by the LMCD 3. While the Accessory Uses of the Clubhouse/Store/Gas are allowed, they do not currently comply with the setback requirements The Storage Building - while it is larger than what is allowed and does not comply with setbacks, it is allowed to operate and will be required to relocate if ever destroyed to 50 percent of its current size or value The dispensing of gas is subject to Fire Marshall approval 4. In regard to the Conditional Use Permit - the removal of the existing small cabin near the lake would be written in for 2002, the existing apartment in 2003, and the existing house in 2004 . 5. The 5380 Howard's Point Road property would be subject to the Rental Housing Code 6. While properties to the east of the site are separated by both distance and vegetation, storage of boats must be screened from view of neighboring residential uses, therefore additional landscaping is suggested for both the east and west sides. A new tree line is recommended along the southerly edge of the site, as well as, a six-foot minimum berm and six-foot mix of spruce and pines to the north. Effective screening will be necessary along the property at 5380 in the event the house is ever removed 7. Tarp Colors should be limited to either white or brown 8. Summer boat storage should be limited to the space available after applying the one parking space per boat slip parking is met (31) PLANNING COMMISSION MEETING MINUTES May 7, 2002 Page 4 of 14 9. Reduction in the number of head-in parking spaces is recommended. Eliminate any on the west side of the street 10. Lighting does not appear to be an issue 11. Noise - while staffhas not received complaints, noise from loose tarps could be contained 12. Maintain existing drainage patterns With respect to the expansion, several factors should be taken into consideration; 1. The current house is not 50 feet from the northern property line 2. The proposed docks are closer to the northern neighbor 3. Additional traffic will likely be generated by a proposed fishing dock . 4. Traffic - while the applicant has suggested the elimination of the launching services available to the public, which could serve to address traffic issues, they question whether the general public is best served by eliminating this service While the applicants state that during the week only 20-25 percent of their customers are on the lake at one time, they admit that weekend traffic is more significant 5. If the expansion is approved, the City should require a 25-foot r.o.w. In conclusion, Nielsen reiterated that while the City wants to get the existing multiple dock facilities into compliance with the standards of the L-R District, expansion of the facility remains an issue. Notwithstanding the question of traffic, the added land area provides a good opportunity to establish a more effective buffer on the north side of the site. He maintained that the rezoning, C.D.P. and annual licensing process also provide opportunities to make the site more compatible with the neighborhood. . Nielsen urged both the Planning Commission and City Council to review the land use policies set forth in the Comprehensive Plan in conjunction with the evaluation ofthis request. Dave Albrecht, representative of Howard's Point Marina, pointed out that the Marina is flexible over the construction of a fishing pier. He said based on neighborhood feedback, the pier could either stay or go. Mr. Albrecht stated that the traffic situation is heavily impacted by the public boat launch facility and HPM would be willing to close it to the public or limit its access if necessary. Chair Bailey opened the floor to Public Testimony at 7:53 P.M. reiterating the need for brevity, respect, and courtesy. In light of the number of people present waiting to speak, he went on to suggest that if one's point had been made previously to acknowledge so and move on. PLANNING COMMISSION MEETING MINUTES May 7, 2002 Page 5 of 14 . Dick Schieffer, 5881 Cedar Lake Road, Maple Plain, practiced in municipal law, was in attendance this evening representing Mr. Nick Dennis of 5360 Howard's Point Road, the property directly north of the Marina. On behalf of Mr. Dennis, Mr. Schieffer asked that the Commission focus its attention on the rezoning of the 5380 property, a rezoning request from single family to commercial use. While the City is eager to bring the Marina property up to code and have it rezoned; it is dangerous to rezone a residential property. Ifthis property is later sold and has been rezoned, the City cannot control the future use of the property. He stated that it is important to his client, Mr. Dennis, to have residential property next to him and not commercial. Currently, there is a mere twelve feet between he and the neighboring homesite, as a residence this is acceptable, as a business it is not. Mr. Schieffer suggested that the language contained in the L-R District ordinance itself protects Mr. Dennis already by acknowledging that "... close scrutiny and limitation so as to ensure that use of such land does not unduly infringe on property rights and public health, safety, and welfare of those residing in nearby residential sites..". He went on to suggest that a mini-EA W, environmental assessment worksheet, be performed, which would include a traffic study, wetland delineation setback, and surface water drainage report. Finally, Mr. Schieffer stated that after reviewing the Comprehensive Plan he believes it speaks against rezoning and cautions that "these are areas for future study". Bill Mason, 27680 Island View Road, argued that while the Comprehensive Plan addresses the issue of commercial zoning infringing and encroaching on residential development... that is exactly what is being proposed. He voiced the concerns of he and his neighbors over increased traffic, noise, and erosion that the additional boat and parking slips would cause. He insisted that this rezoning would be hazardous to the safety and welfare of the people that live on Howard's Point Road and was adamantly opposed to the application. John Mugford, 5755 Howard's Point Road, stated that he had seen a steady increase in traffic over the past six years and is greatly concerned over the commercial use infringing on the residential neighborhood. He would like to see the boat launch closed to the public. . Val Gregerson, 5735 Howard's Point Road, felt that Mr. Mugford expressed her views as well. Malcolm Reid, 5265 Howard's Point Road, believed his points had been covered. Julie Scheurer, 26930 Edgewood Road, maintained that the overhead maps don't go far enough in delineating the effected neighborhoods. She believed that the surrounding streets are all greatly impacted by the proposed rezoning and its accompanying traffic. Ms. Scheurer questioned why residential properties are subject to remove old buildings etc. when they ask for C.D.P's to remodel, while a totally incompatible commercial property cannot be brought up to compliance. She insisted that it is a far more important issue, rezoning an incompatible commercial property within a residential area, than improving a residential use. She went on to state that the traffic pressure will affect all the residents from the main thoroughfares inward, as obviously, a fishing pier would as well. If a pier were built, she maintained that it would greatly impact the northerly resident, and add traffic, noise, etc. to the area. Ms. Scheurer questioned the need to add more space here with a regional park nearby; this would merely place an undue burden on the larger neighborhood and add to the congestion here. She strongly urged the Commission to vote against the application. PLANNING COMMISSION MEETING MINUTES May?, 2002 Page 6 of 14 Steve Johnson, 5845 Howard's Point Road, stated that the letter mailed out by the Marina suggesting a decrease in traffic was insulting. There will only be more traffic and larger boats attracted to the area. Tim and Marilyn Olson, 27260 Edgewood Road, sent correspondence to the City stating their views and asked to review them for the Commission. Vehemently opposed to the application, the Olson's reiterated that this is a residential neighborhood abutting a commercial development. Mr. Olson stated that all he sees now out his driveway are boats and trailers, and questioned what more this would bring. After agreeing with all preceding comments, the Olson's pointed out that the current 20 m.p.h speed limit is seldom followed and believed the additional traffic brought in by the expansion would only exacerbate an already dangerous traffic situation. As it stands now, boat launching during the summer months disrupts the traffic flow in the vicinity of the Marina by totally blocking Howard's point Road. The addition of a fishing pier would attract even more traffic from out of the neighborhood adding to an already dangerous mixture of walking/running/biking and car boat trailer traffic. . Jeffrey Fox, 5270 Howard's Point Road, asked if the City is hastily moving ahead with this application in order to bring the Marina into compliance before adequately reviewing the Comprehensive Plan. Many issues have come to light, including traffic, undesirables, etc. While Mr. Fox commended the Marina for its appearance, he wished to see them close the public boat launch, add to the berm bringing it all the way to the entrance, and consider designating a public crosswalk. He supported the Marina but stated he was cautious about the potential effect on its neighbors. Tim McNeill, 5620 Howard's Point Road, stated that many of his concerns had been shared by others but wanted to address the potential detrimental effect upon the protected wetlands. He added that things would be easier if more space could be afforded those people trying to launch their boats from the public launch. Nicholas Dennis, 5360 Howard's Point Road, said that while he does not oppose the Marina changing its CWTent status to L-R, he does oppose rezoning the property at 5380 from residential to L-R. He stated that he would like to see the Commission support the opinions of its residents and take the time to evaluate a traffic study. . Norman Dann, 5285 Howard's Point Road, questioned the philosophy of approving a plan that is phased in over 3 to 4 years. He wondered how or what recourse the City had if the Marina does not follow thru. He noted that many of his other concerns had been addressed. Kathy Grove, 5375 Howard's Point Road, agreed with everyone else's comments adding that this affects everyone's lifestyles, not just the adjacent properties. Robert J aksa, 27005 Noble Road, stated that although he lives across the wetland and considers the Marina an asset on the whole, he is concerned about increased traffic and the need for a public pier here. PLANNING COMMISSION MEETING MINUTES May 7, 2002 Page 7 of 14 Barbara Beard, 27185 Noble Road, concurred with previous comments and questioned the expansion of commercial development in a residential neighborhood. Diana and Michael Bantz, 26920 Noble Road, believed that the Marina itself is an asset, but maintained that the traffic issue is a serious matter. The Bantz's acknowledged that speeding and cut-though traffic are concerns as well and suggested the City undertake a good long study before moving forward. David McCuskey, 5250 Howard's Point Road, pointed out that thirty years ago a bitter feud took place and a lawsuit was filed against the City regarding this piece of property which allowed the Marina to operate without extinction. He strongly cautioned the City over rezoning. Nancy Zander, 5215 Howard's Point Road, concurred and had no additional comments. . John Einhorn, 5580 Howard's Point Road, stated that at the outset ofthis evening's meeting, he had been relatively open minded, however, as a parent of small children, he had been swayed by the comments of his neighbors. Peter VanDusen, 10501 Cedar Lake Road, Minnetonka, was here to observe. Peter Holmberg, 5955 Cajed Lane, agreed with everyone else. He cautioned taking away all parking on the west side since parking is already at a premium and the traffic patterns cross in the parking lots. He suggested changing the right of ways to direct traffic more safely. Mr. Holmberg also pointed out that over the years the DNR has been removing many of the public access slips from the lake, which creates a catch 22. Currently, the demand far outweighs the supply. William Ruoff, 26365 Noble Road, stated that his concerns had been voiced. . Jackie Colesworthy, 5480 Howard's Point Road, was present to speak for both herself and an elderly neighbor, Maude Wadsworth. While she felt fortunate to live on the lake and enjoyed the benefits afforded by the Marina, the traffic was still a big issue to her. She maintained that the roads are unsafe for her children and already she does not appreciate the nightly headlights shining through her windows. Ms. Colesworthy voiced her concern over the precedence it sets allowing commercial owners to buy neighboring residential properties with the intent of changing the zoning in order to expand their business. Marilyn Olson, 27260 Edgewood Road, asked about the removal of the large old trees that cover the properties and wondered how removing old established forests in place of new little ones could come close to covering the loss that would cause. Peter Holmberg, 5955 Cajed Lane, questioned the hearsay he had heard that the Marina was one of the parcels the DNR was looking to eliminate. Jeffrey Fox, 5270 Howard's Point Road, commented that the Metropolitan Council had set a goal of acquiring three parcels of land, which has been met. PLANNING COMMISSION MEETING MINUTES May 7,2002 Page 8 of 14 David Albrecht, Howard's Point Marina representative, stated that as far as the fishing dock was concerned, this could be easily eliminated and was merely a suggestion by the LMCD. Mark Peltier, Manager of Howard's Point Marina, as Manager over the past eight years, he stated that he had not been aware what a great concern traffic was to the neighbors. After listening to the neighbors, he offered to hold a public meeting with them in order to discuss potential solutions. Mr. Peltier went on to explain that the property owner at 5380 Howard's Point Road came to them with the offer to sell them the parcel and they simply viewed it as a great opportunity. He pointed out that he has always considered the Marina and its neighbors as very friendly and would like to keep that relationship. Dave Polley, 27635 Island View Road, offered up the idea that if the end result was a reduction in traffic that would be good for everyone, could we work together to work out a solution that would be to everyone's advantage. Julie Scheurer, 26930 Edgewood Road, commented that she could provide a number of investors willing to buyout the current Marina owners if profitability is an issue to them. . Steve Johnson, 5845 Howard's Point Road, reiterated that many homes are close to the road and traffic and safety are ofthe utmost concern. With this in mind, Mr. Johnson emphasized that the residents simply want to be left alone, they don't want sidewalks or trails inviting more people into the neighborhood and they voted against those in approximately 1998. Tim McNeill, 5620 Howard's Point Road, asked whether a stop sign could be added midway on Howard's Point Road in order to slow traffic. Bill Mason, 27680 Island View Road, cautioned the City against spot zoning. Chair Bailey closed the Public Testimony at 9: 14 P.M. and took a five minute recess. The meeting resumed at 9:20 P.M. . Commissioner Pisula reviewed the questions to be addressed during public testimony. To begin with, in the application evaluation stage, Pisula asked what the procedure for doing a traffic study or mini-EA W would be. Nielsen stated that the Planning Commission holds the public meetings and makes a recommendation to the City Council, in turn, in their review the City Council can determine the need for an EA W and return it to the Planning Commission. Nielsen noted that any project can be subject to an Environmental Assessment Workup. Another approach would be if 25 people petitioned the City that an EA W is desirable, then the study can be recommended and performed. Pisula asked HPM what record on the number of launches they keep or have available. Based on an hourly estimate, Peltier broke out the numbers as follows: Before 7 A.M. 7 - 10 A.M Average " 2 ins 0 outs 3 ins 0 outs per hour " . . PLANNING COMMISSION MEETING MINUTES May 7, 2002 Page 9 of 14 10A.M. - 2 P.M. 2 P.M. - 6 P.M. 6 P.M. - 9 P.M. after 9 P.M. not tracked Average 5 ins 2 outs 6 ins 3 outs 4 ins 9 outs per hour " " " " Peltier noted that on a perfect day the approximate traffic with trailers would be 122. Pisula asked for a breakdown of users. Peltier indicated that, at capacity, 60-70 % of those are daily launches, while the other 30-40 % are passes they've granted. Pisula asked if the issue of queuing up causes people to stack up. Peltier stated that those problems are merely associated with morning and evening loading and unloading. Commissioner White wondered how many boats the Marina stores on site. Peltier pointed out that they have 32 on hand and can launch those themselves. In regard to past traffic studies, Pisula questioned whether any data exists for this area. Nielsen stated that no formal traffic studies have been performed at Howard's Point Road near Smithtown to his knowledge since spring in the late 90's. Nielsen added that a pretty accurate count could be achieved by placing the speed buggy's nearby to check numbers. Pisula inquired over the number of rentals HPM offers. Peltier explained that in recent years that business has lessoned and they have merely 4 pontoons and 6 fishing boats for rent today. On warm summer days, the pontoons will be rented; however, Peltier pointed out that the fishing boats are less reliable. Pisula referenced the trail study, mentioned by Mr. Johnson performed roughly 2 years ago, and questioned the reasoning behind why they didn't want one. Pisula noted that after hearing the amount of concern surrounding traffic and safety why the neighborhood wanted to be left as is. The potential for redesigning the launch to help with the flow was then considered. Albredt stated that he had hoped to use information gathered this evening to evaluate the problem. Although the Marina has tried to maintain a certain level of traffic, he volunteered to consider moving to privatizing the Marina. Albredt indicated that many private users often don't use their boats more than ten times a year, which would go a long way to minimizing traffic. At the same time, the Marina has tried hard to restrict the public use, even raising prices has only helped to a degree. Peltier added that the launch business itself is not profitable, it is a public service, and it is a liability that costs the Marina. Pisula asked Nielsen if any further suggestions for traffic control come to mind in regard to Howard's Point Road. Nielsen explained that placing a stop sign mid road is not always effective in slowing traffic, nor are speed bumps recommended. In regard to accountability, Pisula asked how the City can guarantee that the plan will be properly phased in over three years. Nielsen stated that by getting a financial security that guarantees the C.D.P., the City can protect itself and the neighbors. Along with the security, the L-R District permit and licensing process could be used to ensure cooperation. PLANNING COMMISSION MEETING MINUTES May 7, 2002 Page 10 of 14 As Mr. Polley had mentioned earlier, Pisula questioned the impact more slips, accompanied by the reduction in launch usage, would have on traffic. Mr. Dennis pointed out that cars and trailers do currently sit along Howard's Point Road in the no parking zone waiting to be queued up for launch. Commissioner Woodruff asked if the berm could be extended to protect the large old tree there. Nielsen stated that was possible. Woodruff also asked for more information regarding wetland runoff, and went so far as to even propose a study to examine this issue. Pisula agreed, and asked whether the watershed would find issue with the application. Nielsen believed that the watershed would have jurisdiction over this proposal and an interest in the application. Chair Bailey stated that there was apparent neighborhood angst over the. amount of traffic currently and he was concerned the expansion would only exacerbate this problem. Bailey went on to note that clearly this issue requires further traffic study and asked about possible time constraints. Nielsen believed that a rough study could be performed within 120 days, however, a full-blown traffic study would take much longer. Bailey inquired over the particulars needed to . initiate a study for the mini-EA W. Nielsen stated that the City Council could examine the study question at its May 28, 2002, meeting. Nielsen reiterated the need for the Planning Commission to determine whether it would be inclined to approve the expansion in the first place. Approval or denial ofthe expansion would have bearing on the need for a mini-EA W. Both Bailey and Woodruff concurred that the question of rezoning the current parcel is not an issue, however, the expansion ofthe Marina and rezoning has apparently caused great distress to the neighbors. Packard stated that she could not support the rezoning of the northerly parcel for the purpose of expansion and was impressed by the neighborhood action to stop such development. While Gagne did not had trouble supporting the expansion if a win-win situation could be achieved for everyone, however, he did have issue with the neighbors hesitation to build trails and sidewalks, while at the same time complaining about the danger posed by the roads and the . traffic. It was unclear to him why no one could advocate for a sidewalk or trail, but could clearly voice concern over the safety of their children being hit by cars. He urged that any traffic study include the potential for sidewalks. White questioned the timing of a traffic study over the Memorial Day weekend holiday, cautioning that ill weather would adversely effect the traffic. Pisula moved, Packard seconded, that staff prepare a findings of fact to deny the request for rezoning of the residential property located at 5380 Howard's Point Road to L-R District based on its incompatibility with the Land Use part of the Comprehensive Plan numbers #5, 6, 10, and 11, which read: "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."k "6. Land use development shall be related to and reflect transportation needs, desired development and community priorities." PLANNING COMMISSION MEETING MINUTES May 7, 2002 Page 11 of 14 "10. Intensification of land use activity and development will only be allowed if accompanies by sufficient corresponding increases in related supportive and service facilities such as parks, off-street parking, fire and police protection, etc." "11. Transitions between distinctly different types of land uses shall be accomplished in an orderly fashion, which does not create a negative (economic, social or physical) impact on adjoining developments." Discussion over the motion continued as Bailey informally asked for Commissioner input. Gagne felt he would most likely be in the minority by supporting the expansion of the Marina. . White was hesitant to support the motion in view of the benefits the Marina provides the community. While Pisula stated that he empathized with White and the Marina's position, he maintained that there is limited value in lending more residential area to a commercial use. Woodruff felt the motion was justified. Chair Bailey favored the motion and hoped the Howard's Point Marina could still be brought into compliance with the L-R District without the expansion. He stated that, in his view, the application was not consistent with the direction ofthe Comprehensive Plan. Nielsen explained that by denying the application for both parcels, at this point, the Marina would need to come back with a new plan and application. Designs would need to be submitted altering the existing Marina buildings based on the one property design. . Woodruff amended the motion to reflect the denial for application of both parcels. Pisula consented to Amend the Motion to deny both 5380 and 5400 Howard's Point Road. There was unanimous consent to amend the Motion. Motion passed 5/1, with Gagne dissenting. Nielsen stated that he and staff will work to prepare a fmdings of fact for the May 21,2002, meeting. 3. 7:30 P.M. PUBLIC HEARING - C.U.P. REVISION AND VARIANCE - LITTLE LEAGUE DUGOUTS - FREEMAN PARK Applicant: South Tonka Little League Association Location: Freeman Park - 25800 Highway 7 Chair Bailey opened the Public Hearing at lO:28 P.M. Nielsen reported that approximately two years ago the City granted South Tonka Baseball a conditional use permit to construct dugout shelters in three locations on Fields 1 and 2 at Freeman Park. A fourth location that required a setback variance, along the third base side of PLANNING COMMISSION MEETING MINUTES May 7,2002 Page 12 of 14 Field 2, was not approved. The structures that were built did not conform to the approved plans and were required to be removed. Representatives of South Tonka Baseball have now requested approval for seasonal awnings in place of the permanent structures. Nielsen displayed a recent picture of the dark green awnings, which would be stretched and laced between the framework of fence rail posts. Of a seasonal nature, Nielsen noted that the awnings would merely be up during the sporting season. While the concept had been presented to the Park Commission, they had elected not to make a recommendation until they had seen plans or an example of the awnings. Consequently, Nielsen suggested that any recommendation by the Planning Commission be subj ect to review and approval by the Park Commission. At that time, the Park Commission's recommendation would be forwarded to the Council for a formal decision. With no additional comment from South Tonka Representative Brian Tichy or the general public, Chair Bailey closed the Public Hearing at 10:35 P.M. Woodruff suggested the Commission be date specific when making their motion. It was noted that the season runs roughly from mid April through October 15th. . Pisula indicated that he had spoken to John Healy, the neighbor residing at 26040 Shorewood Oaks Drive, who supplied him with a note in favor of the new awning dugouts. Gagne moved, Pisula seconded, approving the Conditional Use Permit Revision and Variance allowing dugout awnings from Aprill- October 30 pending approval by the Park Commission. Motion passed 6/0. 4. 7:45 P.M. PUBLIC HEARING - COMPREHENSIVE PLAN AMENDMENT ALLOWING LAND USE DESIGNATION TO CHANGE FROM "TRANSPORTATION" TO "SEMI-PUBLIC" Aoolicant: City of Shorewood Location: MN DOT right-of-way between Covington Rd and Old Market Rd on south side of Highway 7 . Chair Bailey opened the Public Hearing at 10:38 P.M. Nielsen explained that representatives ofSt. John's Church are in the process of developing a master plan for the future development ofthe cemetery located between Covington Road and Old Market Road. He pointed out that they cannot complete their planning without an answer regarding the possibility of a land swap that would involve the City acquiring the excess MnDOT right-of-way north of the cemetery and trading it for an equivalent area of more sensitive land on the south end of the cemetery, The southerly portion of the cemetery would then be set aside as conservation open space. Nielsen indicated that an amendment to the Comprehensive Plan would need to be made and predicated on MnDOT going along with the land swap in order for this transaction to take place. " PLANNING COMMISSION MEETING MINUTES May 7, 2002 Page 13 of 14 Gary Hoffinan, Business Administrator for St. Johns, noted time constraints in moving the planning process forward for St. John's Church. Jack and Cindy Mayeron, 5580 Old Market Road, stated that they are in full support of wetland preservation and encouraged the Commission to be consistent when evaluating the City's Comprehensive Plans. . Tom Erdmann, 19495 Muirfield Circle, indicated that he was strongly opposed to the swap. He stated that the current open space provided by the old wayside rest property is not only attractive, but also that he and his family use it as parkland almost daily. Mr. Erdmann had difficulty seeing the value in swapping steep grade undevelopeable land for green space. He noted that, by City Ordinance, the wetland can not be developed anyway, and did not see the value in losing the limited green open space the City has. In his opinion, ~he Church had not proven that any hardship exists that limits them from developing the land within their borders. Mr. Erdmann maintained that this parcel is public land and should remain usable attractive public land; while the wetland is wetland and will remain wetland no matter what. Ann Christian, 19490 Muirfield Circle, agreed with Mr. Erdmann. She maintained that people use this public green space and questioned what value or benefit this trade could provide to the citizens. While conservation open space is desirable, this wetland space would only provide limited access, not nearly as much would be gained for the citizens of Shorewood than as provided by the current wayside green space. Chair Bailey closed the Public Hearing at 11 :00 P.M. . Woodruff asked ifMnDOT or the state could sell the piece ofland to a developer. Zoned R-IA, Nielsen noted that it will likely be developed and that the state can do as they please. With the wetlands off the table, Woodruff questioned how accessible this conservation open space would be to the public. Nielsen stated that the cemetery was favorable to putting in a trail leading to the wetland area if that was desirable. Chair Bailey stated that he had gotten the impression from staff and MnDOT that they are pretty willing to donate the land to the City for park land and/or public use. With regard to the benefit provided by the green open space, Chair Bailey commented that they are numerous, and not limited to active use and attractive green space. Whereas, the benefit provided by the wetland area is limited unless you actually go inside the cemetery, the public benefit is greatly limited. Council Turgeon departed at 11 :08 P.M. Woodruff concurred with Chair Bailey and opted that the City obtain the usable open space from MnDOT for green space and not swap it for conservation open space. Gagne agreed, emphasizing the need to get the parcel into Shorewood's hands in order to ensure it remains green space - not necessarily parkland. Woodruff moved, Gagne seconded, that the Planning Commission recommend to the City Council that the City acquire the MnDOT right-of-way site and maintain it as open space. PLANNING COMMISSION MEETING MINUTES May 7, 2002 Page 14 of 14 " Nielsen suggested that he and staff examine the language and rework the text in order to incorporate this sentiment into the planning district #9 language. At that time he will bring it back to the Planning Commission for their recommendation. Woodruff withdrew the Motion. Gagne seconded. The Commission voted 6/0 in favor of removing the Motion. 5. 8.00 P.M. PUBLIC HEARING - ZONING ORDINANCE AMENDMENT REGULATING THE HEIGHT OF STRUCTURES IN RESIDENTIAL DISTRICTS Item five was removed from the agenda. 6. MATTERS FROM THE FLOOR There were none. . 7. DRAFT NEXT MEETING AGENDA The Commission accepted the Agenda as submitted. 8. REPORTS A. Liaison to Council It was reported that wards passed through Council on a 3/2 vote and that the revised estimated cost for the new police and fire station is approximately $12 million. B. Liaison to LCEC Nothing new to report. . C. SLUC ! D. Other Pisula reported that the visioning process reflects the desire of citizens to be one community. 9. ADJOURNMENT Woodruff moved, White seconded, adjourning the Planning Commission Meeting of May 7, 2002, at 11 :30 P.M. Motion passed 6/0. RESPECTFULLY SUBMITTED. Kristi Anderson RECORDING SECRETARY ... ~ CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128. www.cLshorewood.mn.us. cityhall@cLshorewood.mn.us MEMORANDUM TO: Planning Commission, Mayor and City Council . FROM: Brad Nielsen DATE: 9 May 2002 RE: South Tonka Baseball- Conditional Use Permit (Revised) FILE NO.: 405(02.12) BACKGROUND . Last year the City granted South Tonka Baseball a conditional use permit to construct dugout shelters in three locations on Fields 1 and 2 at Freeman Park. A fourth location that required a setback variance (third base side ofField 2) was not approved (see Exhibits A-D, attached). The structures that were built did not conform to the approved plans and were required to be removed.. Representatives of South Tonka have now requested approval for seasonal awnings in place of the permanent structures. ANAL YSIS/RECOMMENDATION The proposal is relatively simple. Dark green canvas awnings will be stretched and laced between a framework of fence rail pipes. These awnings will be very similar in appearance and installation to the boat dock canopies that are quite common on Lake Minnetonka. An example of the awning is shown on Exhibit E. These awnings are seasonal and would only be up during the baseball season (the Planning Commission has recommended 1 April through 31 October). The seasonal nature of the shelters may shed a different light on the variance required for the third base dugout for Field 2. Since fencing is allowed to be six feet high along the property line, the awning can be stretched from the fence to some taller poles' at the front of the dugout. Given the amount of existing vegetation behind the dugout, the awning would be very difficult to see. ft ~.1 PRINTED ON RECYCLED PAPER #lA. Memorandum Re: South Tonka Baseball CUP and Variance 9 May 2002 This concept has previously been presented to the Park Commission. Since plans were not available at the time they did not make a recommendation. Now that the plans (photo on Exhibit E) are available, the matter has been schedule for their 14 May meeting. Consequently, the recommendation by the Planning Commission was contingent upon review and approval by the Park Commission. Their recommendation would then be forwarded to the Council for a formal decision. The Planning and Park Commission recommendations will be considered by the Council on 28 May. If you have any questions relative to this item, please feel free to contact me prior to Tuesday's hearing. . Cc: Park Commission Craig Dawson Brian Tichy . -2- ~ - 500 I o ~ 500 Feet => LLJ - - r- I ,l. 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I ' I : ' I I i I' ! ~ -1-171":-:;;: ~n ,-- ; II Exhibit D DUGOUT CROSS.SECTION GREx-STONE Shokopee (512) 498.2:227 _e.. __'_ __.. _I-, I ~ ......f t, .,.. _ ...._!.' - ...- --,,'.-' . I I -_.:... ..~_..- ; . I I -( .. , . -:.... l' I ..... f I i_.. ..;" ~-:-+_..:... .. ~ .." ..- ,.,.'" ....' .__....l_ ---l'. __:__ I I I ! , . : I f1i'-' ' . 7;'1 ; ;1'1" i . \.J2)' j' , ~ 9r-- - -- -- I I .... ". , T 2 00() ~f \'J~+to ~ RESOLUTION NO. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT AND SETBACK VARIANCE FOR THE CONSTRUCTION OF DUGOUT FACILITIES IN FREEMAN PARK WHEREAS, the South Tonka Baseball organization (Applicant) proposes to construct dugout facilities for Field No. 1 and Field No.2 in Freeman Park to be used as shelters for players, which shelters will be donated to the City of Shorewood; and WHEREAS, the Shorewood Zoning Code allows public recreational buildings by conditional use permit (C.D.P.) subject to certain conditions; and . WHEREAS, the request was reviewed by the City Planner and his recommendations were duly set forth in a memorandum to the Planning Commission, Mayor and City Council, dated 3 May 2002, which memorandum is on file at City Hall; and WHEREAS, after required notice, a Public Hearing was held and the Applicant's application reviewed by the Shorewood Planning Commission at their regular meeting on 7 May 2002, the minutes of which meeting are on file at City Hall; and WHEREAS, the Applicant's request was considered by the City Council at their regular meeting on 28 May 2002, at which time the Planner's memorandum and the minutes of the Planning Commission were reviewed and comments were heard by the Council from the City staff. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: . FINDINGS OF FACT 1. The Applicant proposes two dugout shelters for each field, each of which shelters is one story in height, consisting of canvas awning material stretched over a steel fence framework. 2. Except for the dugout on the third base side ofField No.2, the dugout shelters comply with the setback and zoning requirements of the Shorewood Zoning Code. 3. The Applicant has requested a side yard setback variance for the westernmost dugout on Field No.2. 4. The residential properties to the west of the westernmost dugout on Field No.2 are well screened from the ball field by existing vegetation. CONCLUSIONS A. The conditional use permit for the construction of dugout facilities on Field No. 1 and Field No.2 in Freeman Park is hereby granted, subject to the following conditions: 3. October. B. vanance. 1. All of the dugout shelters must comply with the Shorewood Zoning Code and the State Building Code. 2. That the color of the awning material used on the shelters shall be green. That the canvas awnings shall be allowed to be in place from 1 April to 31 That the Applicant has satisfied the conditions for the grant of a side yard setback ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 28th day of May, 2002. ATTEST: JOHN GARFUNKEL, ACTING MAYOR CRAIG W. DAWSON, CITY ADMINISTRATOR/CLERK -2- . . ... . . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD,MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128. www.cLshorewood.mn.us. cityhall@cLshorewood.mn.us MEMORANDUM TO: Planning Commission, Mayor and City Council . FROM: Brad Nielsen DATE: 3 May 2002 RE: Lindeen, Dick and Arnette - C.U.P. for Accessory Space in Excess of 1200 Square Feet FILE NO.: 405 (02.10) BACKGROUND . Dick and Arnette Lindeen have applied for a conditional use permit to construct an attached garage on their property, located at 28005 Boulder Bridge Drive (see Site Location map - Exhibit A, attached). The floorarea of the new garage, when combined with an existing attached garage, brings the total area of accessory space on the property over 1200 square feet. The property is zoned P.U.D./S, Planned Unit DevelopmentlShoreland and contains 68,970 square feet of area. Exhibit C shows the location of the existing house, garage, and the proposed garage. The existing house contains approximately 5600 square feet of floor area in the two levels above grade. The existing garage contains 737.9 square feet of floor area. The proposed garage contains 1056 square feet, which brings the total area of accessory space on the site to 1794 square feet. The existing garage is end loading from the north, while the proposed garage addition will be perpendicular facing east along with the house. The driveway serving the new garage is shown on Exhibit C. . ft ~J PRINTED ON RECYCLED PAPER lB. Memorandum Re: Lindeen CUP 3 May 2002 ANAL YSISIRECOMMENDATION Section 1201.03 Subd.2.d.(4) of the Shorewood Zoning Code contains four specific criteria for granting this type of conditional use permit. Following is how the applicants' proposal complies with the Code: a. The total area of accessory space (1794 square feet) does not exceed the total floor area above grade ofthe principal structure (5600 square feet). Exhibit D shows the first level floor plan. b. The total area of accessory space does not.exceed ten percent of the minimum lot area for the P.U.D.lS zoning district (.10 x. 40,000 square feet = 4000 square feet). . c. The proposed garage complies with the setback requirements of the P.U.D.lS zoning district. Hardcover on the property will go from approximately 18.7 to 20.3 percent, remaining in compliance with the 25 percent maximum. Pending field inspection of the site, recommendation regarding the need for additional landscaping will be provided at the meeting. d. As shown on Exhibits E and F, the new garage addition will be integrated into the architecture of the existing home. As such the roof lines, materials and architectural character of the garage are consistent with the principle dwelling. . In light of the preceding, the applicant's request is considered to be consistent with the requirements of the Shorewood Zoning Code. It is therefore recommended that the conditional use permit be granted as requested. Cc: Craig Dawson Tim Keane Joe pazandak Dick and Arnette Lindeen Sid Levin -2- '" '" ~ '" '" '" Q '" '" '" Lake Minnetonka '" 1. M RSH P.oINTE C 2. 1\1 RSH POINTE C ()'" 9 '" . '" '" '" '" '" '" '" . CITY OF CHANH 700 I o 700 Feet I ~ N Exhibit A SITE LOCATION Lindeen C.D.P. .' -.- LAK.Ej:OUJ~~TB.Y B U I L D E R S' L A K E C 0 U N T R Y B U I L D E R S, I N C 339 SECOND STREET 0 9 5 2 . 4 7 4. 7 1 2 1 EXCELSIOR, MN 55331 0 9 5 2 . 4 7 4. 7 9 5 7 THE THRILL IS BUILDING 0 lakecauntrybuilders. com ADDENDUM TO APPLICATION FOR CONDITIONAL USE PERMIT Subject Property: 28005 Boulder Bridge Drive. Shorewood. MN 55331 PID# 31-117-23-42-0040 Lot 6 & Stly 67.5 ft. of Lot 5, Block 4, Boulder Bridge, Henn. Cty. Mr. Brad Nielson Planning Commission Members City of Shorewood 5755 Country Club Road Shorewood, MN 55331 . Dear Mr. Nielson and Commission Members: . The following information should be considered in support of the application for a conditional use pemlit at 28005 Boulder Bridge Drive, Shorewood to allow for the construction of a new three-car accessory structure addition onto the existing principal structure. In order to grant a conditional use permit for such an endeavor, the structure and property must meet four criteria: 1. The accessory structure footprint cannot exceed the amount of livable house structure above grade. The accessory structure with the addition amounts to less than 1,800 square feet. The livable square footage of the house above grade is slightly more than 5,600 square feet. 2. The total square footage of the new garage structure (1056.1 SF) along with the existing attached garage structure (737.9 SF) is 1794 SF. This exceeds the 1200 SF maximum for accessory structures per the ordinance, thus requiring the conditional use permit. However, the R-1A lot size minimum of 40,000 SF allows for up to 10% (4000 SF) accessory structures within this zoning district, provided a conditional use permit is accepted. The 1794 SF constitutes 2.6% of the property. 3. Please review the drawings attached to see that in fact the garage addition we have proposed is certainly architecturally compatible with the existing house. Many details of the house have been incorporated into the new structure and it will, when completed, look like it was originally a part of the principal structure. a. Please review the attached documents demonstrating the floor plans of the existing house as well as the proposed garage/accessory structure addition. b. Please review the attached documents demonstrating the proposed elevations of the house with the proposed garage/accessory structure addition. Exhibit B APPLICANT'S REQUEST LETTER 4. Finally, the new structure must meet the overall hardcover and setback requirements for the property. a. Please see the attached survey that demonstrates the proposed improvements, including the new garage/accessory structure and the change in bituminous blacktopping. We are proposing to add the 1056.1 SF accessory structure, 75.6 SF of bituminous driveway in front of the new garage, a 28.5 SF apron out the back door of the new garage, and removing 149.8 SF of other existing bituminous driveway that is now in the way. This leaves the property, after proposed changes, with a 20.3% impervious percentage, remaining well under the 25% allowable value for properties within the shoreland districts b. Note also that all setbacks continue to be maintained and the lot remains conforming. . Respectfully Submitted On Behalf of the Owners, Dick and Arnette Lindeen 28005 Boulder Bridge Drive Shorewood, MN 55331 Sid Levin Lake Country Builders, Inc. Architectural Design Department &\ . LAKE COUNTRY BUILDERS Lot 6 and the Southeasterly 67.50 feet of Lot 5, all BOULDER BRIDGE according to the recorded plat on file oun y 0 ennepln. 1 1 1 1 1 I 1 , 01 "' o. uJ~ . : I ...--..-----......, ---------- --- , " , '\ " , ) I I I I I I I I I I I I I , , , , , I I I I I I I I I I I I I <~ I ru' "" -----56 '" I '-,.....'1 I ',-, I ----,--> I -' , , , , , , I I I I I I I I I I I I I I I I I I I I I I Q I FOR: / I I I I I I I I I I I / I I / .:>'.... -0' fill I , , I I I I I I I I I I I I I I I I I / I I I I / / / I I / I / / / / I I I I I I I I / / / I I I / / / I >-- ~ !!! Ii? QQ /;fQ LOT [(~r'!? o~ 0;1--. j}0:!'-'-- Ci::'/O Cr] 8 '-. '-. LOT 6 ", '-. ., " '-. '-. 1/10 6'9 9.>. .> vS~7 S-2" J-f/ 2 11;24' 04' 00" W LOT 1 I I / / CURRENT CON DillON TOTAL AREA = 68.970 IMPERVOUS SURFACE= 12.901 IMPERVOUS PERCENTAGE- 18.7" ~ o Scale ~ 40 in feet ~ 80 , 120 I hereby certify that this survey was prepared by me or under my supervision and that I am a duly registered land surve~r under Minnesota statutes Section 326.02 to 326.16 t!~~ s~ 4. ~ g: ~ en o u~ ;~o ..o~ .....0 ~~ l:il~ in Block 4, in and for the / / / / I I I / / I / / / / / / I I / I I / I Q/ I / I I I I I I / / I / J....../ o / f:::!/ I &/ I / / / I I I I I I I I I I I I / / / I / / I / I / / I I I I I I I I I I I I I I J ~ ~ a ~a <0 !0 I.{) ;g LEGEND o E:::J bit lD ~ 'tf o Iron monument concrete area bituminous telephone box brick column hydrant manhole PROPOSED NEW BIT. DRIVEWAY +102.6 REMOVED BIT DRIVEWAY- -142.41 NEW ADDlllON= 1056.08 TOTAL AREA - 68.970 IMPERVOUS SURFACE- 13.993 IMPERVOUS PERCENTAGE- 20.3X Drawn Checked Hansen Thorp Pellinen Olson Inc. lll' rn DH DBO Job No. Engineers · SUrve~rs · Landscape ArchItects 02-023 Date 7510 Market Place Drive Eden Prairie. MN 55344-3644 (952) 829-0700 FAX (952) 829-7806 Reg. No. Date: . . 03-18-02 Bk-Pg 12116 . (l ~ , . ~ tb ~ trl ~ f ~ 1 ~ :;! ~ ~ i ~ ~ e '2 ~ ~ ~ ~ ~ ~ .e '-....) ~ ~ . . Exhibit D EXISTING AND PROPOSED FLOOR PLANS , .. ~ 16 F~ '1 ~ ~ \J Ib ~ ~ l ~ ~ -"2 5- _ W 2- (f\ =.7 '-" "-" ""1 E ! i ~ -z. ~ . . , , , , .' , , , , , , , /' ", , , , , , , , , , w I J) "'2. ~ ~ , , , , , , , , , , , , , " , , , , , , , , , , , , , ~ . ~ 11 ~ 1 r ~ l ~ 'b 9-1t - o . ..Jl . ra ~ l ~ o :t: ~ ; ~ -+- i~ ~~ ~~ -:z.. / "- / " ",.,/ Exhibit F BUILDING ELEV A TIONS - SIDE (NORTH) AND REAR . . ~ ~tJ\ ELeJPrnoN (\lle-J ~ !~....~ (f\Jo-r -C-o S~) ~ ~s,'"t\Nb 'rtov...~ ~~v~ < Nelli 6NIIt:E AolltTi or-! ~ Exhibit E BUILDING ELEVATION - FRONT CITY OF SHOREWOOD RESOLUTION NO. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR ADDITIONAL ACCESSORY SPACE TO DICK AND ARNETTE LINDEEN WHEREAS, Dick and Arnette Lindeen (Applicants) are the owners of real property located at 28005 Boulder Bridge Drive, in the City of Shore wood, County of Hennepin, legally described as; "Lot 6 and the Southeasterly 67.50 feet of Lot 5, Block 4, Boulder Bridge"; and WHEREAS, the Applicants have applied to the City for a Conditional Use Permit for the construction of additional garage space on the side of the home, the area of which, when added to the area of existing accessory space on the property, will bring the total area of accessory . space on the property up to 1794 square feet; and WHEREAS, the Shorewood City Code requires a Conditional use Permit for the construction of accessory space exceeding 1200 square feet; and WHEREAS, the Applicants' request was reviewed by the City Planner, and his recommendations were duly set forth in a memorandum to the Planning Commission dated 3 May 2002, which memorandum is on file at City Hall; and WHEREAS, after required notice, a public hearing was held and the application was reviewed by the Planning Commission at their regular meeting on 7 May 2002, the minutes of which meeting are on file at City Hall; and . WHEREAS, the Applicants' request was considered by the City Council at their regular meeting on 28 May 2002, at which time the Planner's memorandum and the minutes of the Planning Commission were reviewed and comments were heard by the Council from the City staff. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: FINDINGS OF FACT 1. That the subject property is located in a P .U.D. Planned Unit Development (single-family residential) zoning district and contains approximately 68,970 square feet of area. 2. That the total proposed accessory space (1794 square feet) does not exceed the floor area above grade of the principal structure (5600 square feet). 3. That the total area of accessory space does not exceed 10% of the minimum lot area for the P.U.D. zoning district in which it is located (4000 square feet). 4. That the design and materials of the proposed attached garage are consistent with the architectural character of the existing home. 5. That the proposed attached garage complies with all setback requirements for the P.U.D. zoning- district. CONCLUSION A. That the application of Dick and Arnette Lindeen for a Conditional Use Permit as set forth herein above be and hereby is granted. B. That this approval is subject to the following: 1 That the proposed garage will be used strictly for purposes of a residential nature. 2. That the Applicants are hereby advised that the City Code provides specific regulations relative to home occupations and any future use of the garage for othee than allowable residential purposes would have to comply with such regulations. C. That the City Administrator/Clerk is hereby authorized and directed to provide the Applicants with 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 SHOREWOOD this 28th day of May 2002. JOHN GARFUNKEL, ACTING MAYOR . ATTEST: CRAIG W. DAWSON, CITY ADMINISTRATOR/CLERK -2- ... ... CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128 . www.cLshorewood.mn.us . cityhall@cLshorewood.mn.us MEMORANDUM DATE: SUBJECT: City Council A ....... Craig W. Dawson, City Administrator()Y' ~ Larry A. Brown, Director of Public Works/City Engineer . . . May 23, 2002 . Undergrounding of Xcel Energy Lines TO: FROM: . In January this year, the City Council adopted Ordinance No. 378 that requires all utility lines to be buried.. Existing overhead lines are nonconforming, and must be put underground when they are replaced, unless the Council determines otherwise. Under the relevant rulings about to be finalized at the State level, Xcel is required only to pay for the estimated cost to place facilities overhead. The incremental cost to place facilities underground must be paid either by (a) the City as a corporate entity, or (b) all of the Xcel ratepayers (i.e., individual customers) in the city requiring the lines to be buried. In (b), the ratepayers pay a surcharge on their Xcel bill until Xcel has recovered its additional project cost. Other pertinent parts of the rules include: . . The minimum surcharge is $1.00 per month . The maximum surcharge is $4.50 per month . Multiple projects may be pooled within the $4.50/month cap, and the minimum surcharge for anyone project may then be less than $1.00 per month . The maximum length of time for surcharge of any individual project is five years Thus, it is important to be strategic about priorities and selecting the duration of surcharges for individual projects, so that the City is not precluded from requiring underground installation due to the $4.50/month cap. Xcel Proiects: 1) Currently, Xcel has notified the City of its intent to add to its feeder line along Smithtown Road from Boulder Bridge south to the City limits. Staff subsequently requested that Xcel place its existing lines underground and estimate the resulting surcharge. It is anxious for a decision on whether the Council will require this facility to be buried, as it urgently needs to be upgraded to provide reliable electrical service to this part of Shorewood and adjoining Victoria. . {) PRINTED ON R~CYCLED PAPER 9A Xcel Energy - Undergrounding Projects May 28, 2002, City Council Meeting Page Two .II .. 2) The County Road 19/5mithtown Road/Country Club Road intersection is scheduled for ". . construction this year. The Council has made it a goal to improve the Gateway streetscape, and placing utility lines underground (at the very least those on the Shorewood side ofCR19) is an important component of this plan. 3) There is an opportunity to have Xcel facilities placed underground as part of the Smithtown Road oroiect (from Country Club Road to the west/south City limits). In discussion about this project in past years, many Smith town Road residents - particularly those living east of Eureka Road - have expressed their preference to have Xcel facilities placed underground. Xcel believes the cost data will be prepared in three to four weeks. Preliminary Cost Estimates: 1) Smithtown/Boulder Bridge a) New line b) Existing line 2) CR19 intersection Combine (1) & (2) $ 52,400 $ 44,700 $ 49.300 $146,400 $1.00/month for 17 months "$1.00/month for 14 months $1.00/month for 16 months $1.32/month for 36 months . " 3) Smithtown Road Cost data not yet available . At this time, it would appear that all of these projects could be accomplished without significantly restricting the ability to have additional undergrounding projects subject to the $4.50/month cap. Potential Requirement on Owners of Private Pronerties: When electricity is provided to a property directly from a feeder or transmission line, it will be " necessary to provide a new service line to the building(s) on the site. It will be necessary for service to the buildings to comply with the current requirements of the electrical code. For those . buildings that need to come into code compliance, the price charged by a contractor typically runs $500 to $1,200. For the shorter Smithtown Road project, 11 residences could be affected. Xcel will not pay for this cost, nor does it have a program. to assist property owners in financing this cost. Staffhas explored several options inwhich the City may provide multi-year financing for property owners who are unable or would choose not to pay the entire aDlOunt; none, however, appears to be cost efficient compared to individuals being responsible for private financing. Staff will be exploring opportunities through the franchise agreement with Xcel Energy. It does not appear that an option for the City to pay this cost, and certifyitas a charge on an owner's property tax statement, would be proper under Chapter 429 of Minnesota Statutes. RECOMMENDATION: Staff recommends that the City Council require Xcel Energy's Smithtown Road (from Boulder Bridge to the Victoria city limit) project be placed underground, and authorize the minimum monthly surcharge to Xcel Energy ratepayers. It is further recommended that the Council provide direction regarding the CR19 intersection project and larger Smithtown Road project, so that Xcel and City staffs may proceed accordingly with plans. . .I' Xcel Energy City Requested Special Facilities Surcharge (CRSF) City of Shorewood Residential 2,739 $1.32 36 $130,157 Low Income (*) $1.00 36 $0 Small C&I ND 151 $1.32 36 $7,176 . Small C&I Demand 43 $3.96 36 $6,130 Large C&I 6 -$5.28 36 $1,140 Street Lighting 10 $1.32 36 $475 Small Mun. Pump ND 18 $1.32 36 $855 Small Mun. Pump Dnd 3 $3.96 36 $428 Large Mun. Pump Dnd $5.28 36 $0 An adjustment in the final months of the recovery period will be made, if necessary, to "true-up" any over/undercollected amount Total Carrying Charges included in total amount recovered (**) . Allowable Class Surcharge Levels per Month Under CRSF Tariff Residential @ $1.00 up to $4.50 Low Income Residential @ $1.00 Small C&I,Non-Dmd@ $1.00 up to $4.50 Sm C&I-Dmd @ 3 Times Residential Amount Lg C&I-Dmd @ 4 Times Residential Amount * The amount collected from Residential customers may be overestimated whenever Low Income customers number is WJknown. ** A monthly carrying charge of 1.0646% is applied to the outstanding balance of the excess expenditures. It is a compounded rate which reflects both the overall tate of return of 9.31 % allowed at the latest general rate case in 1992 and a tax factor of 4.24%. CRFS_modeLShorewood_ V3 Pricing Planning/Liassou 5/23/02 1) Xcel Project - Add. and relocate lines, Smithtown Road south of Boulder Bridge $ 97,100 3) City Project - Relocate lines, Smithtown Road - information requested of Xcel ~ N 2) City I County Project - Relocate lines, County Road 19 intersection $ 49,300 STAR CIR \ ~ S\.A\i\1\O\NN to ::> -' (.) o 0:: ~. ..... ~ . LoJ . gj LoJ ::::::::::----- Dr UNDERGROUNDING OF XCEL ENERGY LINES . . i!'._ .. . II- CITY OF SHOREWOOD ~i 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: A Motion Accepting Proposal for Engineering Design Services for Smithtown Road Pavement Rehabilitation Project Engineering File 01-12 Attachment 1 is the Engineering Design Proposal form WSB and Associates, Inc. for the Smithtown Road Rehabilitation Project. The proposal includes the following tasks: . . Preparation of Final Design Plans and Specifications . Drainage Analysis and Design . Design Surveying and Mapping . . Survey Monument identification, if present in field . Design Review and Submittal with MN State Aid The proposal for this service has been submitted as $49,800, or 4.8% of the estimated construction cost. This proposal is very reasonable when compared to a typical reconstruction project that would range between 10 - 12 percent of the estimated construction costs. This dis~ount has been provided since the project is a pavement reclamation project, versus a complete reconstruction project. Recommendation Staff is recommending that the proposal submitted by WSB and Associates, dated Apri118, 2002 for the Smithtown Road Pavement Reclamation Project be accepted. ft \,J PRINTED ON RECYCLED PAPER #' 9~. . WSB & Associates, Inc. 4150 Olson Memorial. Highway Suite 300 Minneapolis Minnesota 55422 763.541.4800 763.541-1700 FAX April 18, 2002 Mr. Larry Brown, P.E. Public Works Director City of Shorewood 5755 Country Club Road Shorewood,~ 55331 RE: Smithtown Road Final Design Proposal WSB Project No. 1074-58 Dear Larry: WSB & Associates, Inc. is pleased to submit this proposal for the preparation of the final design and plans/specifications for the Smithtown Road reclamation and overlay project. This proposal outlines the proposed scope of services, cost estimate, and schedule for completing this project. I will be the Project Manager on this project and will coordinate all activities of the WSB Project Team. Thank you for your consideration of WSB for these professional engineering services. We look forward to working with you on this project and other projects in the future. If you have any questions or require any additional information, please do not hesitate to call me at (763) 287-7195. Sincerely, WSB & Associates, c. ~ David E. Hutton, P .E. Proj ect Manager Enclosure ao/sb F:\ Attachment 1 Minneapolis. St. Cloud. Equal Opportunity Emplo: ~ ~ " . . Proposal to Provide Professional Engineering Services for Smith town Road City of Shorewood, MN WSB proposes to provide the following services to the City of Shorewood for the final design and preparation of construction plans and specifications for Smithtown Road, from Country Club Lane west to the corporate limits. The specific work tasks are outlined below. Work Tasks A. Final Design/Plans We will prepare the final construction plans suitable for bidding this project. The plans will generally consist of the following sheets,: · Title Sheet · Quantity Tabulation · Standard Details · Alignment Plans and Tabulations · Roadway Plan Sheets · Roadway Profile Sheets · Drain tile Profiles · Erosion/Sedimentation Control · Typical Sections · Trail Plan and Profile (West Portion Only) The cross sections that will be used to establish the construction limits will be as previously directed by the Council, namely two II-foot driving lanes, a 4-foot shoulder, and a 2-foot shoulder (28 feet total paved surface). The final design will utilize a 30 or 50 scale and 11 X 17 sheets. A trail will be included on the north side of Smithtown Road from the Hennepin County Regional Trail to the City limits at Victoria. B. Drainage Analysis/Design Due to the addition of the drain tile, a final drainage plan will be developed to identify key low areas and outlets for the drain tile system. It is our understanding that the City will not be trying to get any extensive easements for the drain tile outlets, but rather use existing natural depressions, lowlands or swales for outlets. ' The drain tile design will be incorporated into the final plans and specifications. C. Surveying / Mapping In order to determine actual property lines and existing public right-of-way, a full topography survey is proposed. Cross-sections will be taken every 100 feet from right- of-way to right-of-way and all property comers will be found iflocated. The field survey data will be compared against the current right-of-way map for verification of the right- of-way. The existing road and ditches will be located with respect to property lines / right-of-way. P:ISltorewoodlProp forfil/al desigl//o smith/owl/.doc D. Specifications .,. ~ i Specifications and bidding documents will be developed as part of this final design phase. We will prepare a bid tabulation and memorandum of recommendations upon opening the bids. E. State Aid Office Review / Coordination We will submit the final plans to the State Aid Office for review and approval. These discussions will include inquiries as to the eligibility for using State Aid funds for other items such as right-of-way, undergrounding of overhead power lines, etc. F. Timetable Assuming a notice to proceed will be issued by May 14, 2002, the plans and specs will be completed and ready for bidding by July 1, 2002. The State Aid review and approval process may delay the actual bid award and construction start up. G. Fee . The total estimated fee for this work is $49,800 as shown on Attachment A. This fee is approximately 4.8% of the estimated construction cost. We will bill you using our current 2002 hourly rates based on actual hours billed. H. Meetings We will attend the Council meeting to award the bid if the City desires. I. Construction Services This proposal does not include any construction observation or staking. These services can be provided at our 2002 hourly rates ifthe City desires. . J. As-BuUts At the conclusion ofthe project, as-built drawings will be prepared. I hereby authorize WSB & Associates, Inc. to provide the services as outlined above. Mr. Larry Brown, P.E. Director of Public Works Date P:\ShorewoodlProp for filial desiglllo smilhlowlI.doc ~ .~,. \, ATTACHMENT A Smithtown Road Final Design Fee City of Shorewood, MN TASK COST Final Plans and Specifications $34,000(1) . Topography $15,800 TOTAL FEE $49,800 (1) NOTE: Equals 4.8% of the estimated construction cost of 700,000. . P:\SllOrewoodIProp for filial desigll /0 smUII/owll.doc