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052901 CC Reg AgP '-~ -:-." .1\ CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING TUESDA Y, MAY 29, 2001 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 Work Session Meeting Minutes May 14,2001 (Att.-#2A Minutes) B. City Council Regular Meeting Minutes May 14, 2001 (Att.-#2B Minutes) 3. CONSENT AGENDA - Motion to Approve Items on Consent Agenda & Adopt Resolutions Therein: NOTE: Give the public an opportunity to request an item be removed from the Consent Agenda. Comments can be taken or questions askedfollowing removal from Consent Agend4. " , r A. A Motion Approving the Verified Claims List (Att..-#3A Claims List) B. A Motion to Adopt a Resolution Authorizing the Mayor and City Administrator to Enter into a Cooperative Agreement with MnDOT for the State Trunk Highway 7/41 Construction Project, City Project 98-05 (Att..-#3B Public Works Director's memorandum, Proposed Resolution) . t 4. MA TIERS FROM THE FLOOR (No Council action will be taken.) 5. PRESENTATIONS A. Presentation of the 2000 Comprehensive Annual Financial RePort (CAFR) by Steve McDonald, CPA (Att. -#5A Finance Director's memorandum) 6. PARKS - Report by Representative A. Park Quarterly Financial Report (Att..-#6A Finance Director's report) \ . I,. . " CITY COUNCIL AGENDA - MAY 29, 2001 Page 2 of2 7. PLANNING - Report by Representative A. ^ Motion to Adopt an Ordinance Amending the Shorewood Zoning Code Relative to Nonconforming Accessory Structures (Att.-#7A Planning Director's Memorandum) 8. GENERAL A. A Motion Making Appointments to the Gideon Glen Advisory Committee (Att..#8A Planning Director's memorandum) - 9. ENGINEERINGIPUBLIC WORKS A. Progress Report on Shorewood Ponds Development Water Drainage Issues (Att..-#9A Public Works Director's memorandum) B. Discussion on Glen Road Drainage Issues. 10. REPORTS A. Administrator & Staff 1. Gideon Glen 2. Skate Park 3. Eddy Station 4. County Road 19 Intersection 5. Highw~7oonstructionp~~ B. Mayor & City Council 11. RECESS TO EXECUTIVE SESSION 12. ADJOURN . ~~~ . c- .' .. ~~ , ; '." . , .. ". " , . t. . .. CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SH<?REWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128 . www.cl.shorewood.mn.us . cityhall@cLshorewood.mn.us Executive Summary Shorewood City Council Regular Meeting Tuesday, 29 May 2001 Agenda Item #3A: Enclosed is the Verified Claims List for Council approval. Agenda Item #3B: This resolution authorizes the Mayor and City administrator to enter into a cooperative agreement for the TH 7 and 41 Reconstruction Project. Staff is recommending approval of the resolution. Agenda Item #5A: Steve McDonald, CPA, from the audit firm of Abdo, Abdo, Eick , & Meyers, will present the City of Shorewood's Certified Annual Financial Report (CAFR) for year 2000. (Report sent under separate cover.) A simple motion is all that is needed to accept the report. Agenda Item #6A: The 1 st Quarter 2001 Park financial report includes an update of Park revenues, expenditures, and debt service obligations. The report is provided for council information. Agenda Item #7 A: This ordinance regarding nonconforming accessory structures was presented to the Council last year. Minutes of relevant discussions at the Planning Commission and Council meetings over the past several months on this item are provided. Approval of this ordinance amendment requires a four-fifths vote. Agenda Item #8A: The Council has endorsed the idea of a Gideon Glen Residents' Advisory Committee. Several names are suggested for membership on this committee. It is recommended that the individuals (lnd organizations listed be appointed to the Gideon Glen Residents' Advisroy Committee. Agenda Item #9A: This memorandum outlines the steps required to bring the Shorewood Ponds Development into compliance with the grading and erosion control standards. Agenda Item #9B: City Engineer Brown will update the City Council on findings from the Glen Road area. ft ~~ .PRINTED ON RECYCLED PAPER . . CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, MAY 14,2001 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING DR fT Mayor Love called the meeting to order at 7:00 P.M. A. Roll Call Present: Mayor Love; Council members Garfunkel, Lizee, Turgeon, and Zerby; Administrator Dawson; Attorney Keane; Engineer Brown; Finance Director Burton; and Planning Director Nielsen Absent: None B. Review Agenda Mayor Love reviewed the Agenda. Director Nielsen requested an Item 6C, Appeal for Additional Time to Correct Zoning Violation for Dale Pixler, 4325 Enchanted Lane. Garfunkel moved, Zerby seconded, approving the Agenda as amended. Motion passed 5/0. 2. APPROVAL OF MINUTES A. City Council Special Meeting Minutes April 23, 2001 Lizee moved, Zerby seconded, approving the City Council Special Meeting Minutes of April 23, 2001, as presented. Motion passed 5/0. B. City Council Regular Meeting Minutes April 23, 2001 Garfunkel moved, Turgeon seconded, approving the City Council Regular Meeting Minutes of April 23, 2001 as presented. Motion passed 5/0. C. City Council Work Session Meeting Minutes April 23, 2001 Turgeon moved, Zerby seconded, approving the City Council Work Session Meeting Minutes of April 23, 2001, as presented. Motion passed 5/0. D. Board of Review Meeting Minutes April 30, 2001 Garfunkel moved, Lizee seconded, approving the Board of Review Meeting Minutes of April 30, 2001, as presented. Motion passed 4/0/1 (Turgeon abstaining). #JA CITY COUNCIL REGULAR MEETING MINUTES MAY 14, 2001 Page 20f7 3. CONSENT AGENDA Garfunkel moved, Zerby seconded, approving the Motions contained on the Consent Agenda and Adopting the Resolutions Therein: A. A Motion Approving the Verified Claims List B. A Motion Adopting RESOLUTION NO. 01-024, "A Resolution Approving a Temporary Gambling License for StorefrontIY outh Action, Inc." C. A Motion Adopting RESOLUTION NO. 01-025, "A Resolution Approving Intoxicating Liquor License On-Sale Intoxicating Liquor and Special Sunday Sales - Minnetonka Country Club." D. A Motion Adopting RESOLUTION NO. 01-026, "A Resolution Approving Intoxicating Liquor License Sunday and Club for the American Legion Post #259." E. A Motion Approving a Sign Permit for Smithtown Motors (Blair Bury), 24470 Smithtown Road. . F. A Motion Accepting Proposal for Vending Machine Services at Freeman Park G. A Motion Authorizing the Sale of Rider Mower, Broom, and Asphalt Roller H. A Motion Adopting RESOLUTION NO. 01-027, "A Resolution Approving a Tree Trimmers License." Motion passed 5/0. 4. MATTERS FROM THE FLOOR Don Aslesen, 26055 Shorewood Oaks Drive, expressed concern regarding the amounts of water runoff draining to his neighborhood due to his perceived actions of the developer of the Shorewood Pond development. He stated water had run from the development through the ball fields near his home and . into the area where he lived causing substantial water damage to his home. He asked the City to help in correcting the stormwater runoff flow pattern currently in existence and consider placing a storm drain on Shorewood Oaks Drive. Mayor Love stated he believed the concerns related to surface water to be valid, and erosion control measures at the Shorewood Pond site were abysmal at best. Engineer Brown also stated the developer had been given notice to reseed, mulch, and clean up that site per a plan approved by the Minnehaha Creek Watershed District. He also explained the developer had approximately one week to conform to this agreement prior to the City putting his letter of credit into effect. Council agreed the developer needed to be given formal written notice regarding the possible intentions of the City should the' site not be managed more effectively. Further, Council agreed all available options would be in place prior to the next Council meeting and requested Engineer Brown report on this matter at that meeting. CITY COUNCIL REGULAR MEETING MINUTES MAY 14, 2001 , Page 30f7 . . 5. PARKS C. Report on Park Commission Meeting Held May 8, 2001 Chair Arnst reported on the matters considered and actions taken at the Park Commission meeting held on May 8, 2001(as detailed in the minutes of that meeting). She also commended Engineer Brown for all the hard work and fine effort placed into maintaining the City parks. In addition, she explained the Skate Park area would be recommended to be known as the South Shore Community Park. Mayor Love commented he had been to the South Shore Community Park earlier in the week and had enjoyed seeing the Park in use with people of all ages. He thanked the Park Commission and surrounding communities and residents for their help in creating this park for all to enjoy. Councilmember Turgeon questioned Engineer Brown about the possibility of closing the Highway 7 access road to the ballfields at Freeman Park, noting parking in that area was of great concern to her. Engineer Brown responded barricades could be erected, thus requiring vehicles to use appropriate entrances and exits. He also noted similar problems had occurred in this area last year. In an effort to correct the situation, the City had requested scheduling changes from the Minnetonka Community Education Services (MCES), but without much success. He noted some minor scheduling changes had gone into effect that were a bit helpful; however, a meeting would be taking place with MCES to further discuss the situation. . Mayor Love commented a meeting had been scheduled with all city members of MCES to review policies. He noted the City was concerned whether the service agreement requirements were being met and what could be done in the future to enhance the level of service cUlTently being delivered in these matters. 6. PLANNING Commissioner Gagne reported on matters considered and actions taken at the May 1, 2001, Planning Commission Meeting (as detailed in the minutes of that meeting). A. Appeal for Additional Time to Correct Zoning Violation Appellant: Bob Morgan Location: 4285 Enchanted Lane B. Appeal for Additional Time to Correct Zoning Violation Appellant: Chester Yanik Location: 4245 Enchanted Lane C. . Appeal for Additional Time to Correct Zoning Violation Appellant: Dale Pixler Location: 4325 Enchanted Lane Director Nielsen explained the three appeals were all related. He further explained a complaint had been received alleging a number of boats were being stored on Enchanted Lane in the public right-of-way area. Also, the complaint alleged vegetation had been removed from the area between the street and wetland at the site. The owners were notified and advised to remove their boats immediately. The above-mentioned owners requested additional time to correct the violation citing the late spring and high water level of the lake made it difficult to remove the equipment and comply with the request. Director Nielsen also CITY COUNCIL REGULAR MEETING MINUTES MAY 14, 2001 Page 4 of 7 , explained the owners had stated the alteration of the vegetation was necessitated by the need for clear sight lines around the curve in that area, and also to provide a clear view of the wetland. He further stated the complaint alleged some filling may have occurred in the wetland area, and this would need to be investigated by the DNR. He noted it was his suggestion that the owners make reparations to the vegetation, and appeals be granted for thirty days. Chester Yanik 4245 Enchanted Lane, was in attendance and addressed the Council. He presented the Council with a letter stating that the boats had indeed been stored on the right-of-way for the past nineteen years; however, the wetland area had not been cleared and filled to accommodate the boat storage. He also explained his concern for personal safety regarding the sight lines in that area. He cited a number of incidents related to speeding on Enchanted Lane which made the need for action regarding sight distances a necessity. He further stated he would like to work with the City in any way possible to solve this matter. Mayor Love thanked Mr. Yanik for sharing his concerns with the Council, noting concerns regarding the high traffic speeds were heard throughout the City. Engineer Brown explained there was a state law setting a speed limit of thirty miles per hour on streets unless otherwise approved by the Commissioner of . Transportation. He also explained a speed study could be conducted in this area that could potentially result in a faster speed limit recommendation for that road depending on the findings of the study. Mayor Love encouraged Mr. Yanik to work with the City, Police Department, and neighbors to help reduce the speed in that area. Also, he suggested a traffic study be initiated, and Mr. Yanik work with staff to help reduce the visibility issues for his neighborhood. Turgeon moved, Zerby seconded, extending the time for Bob Morgan, 4285 Enchanted Lane; Chester Yanik, 4245 Enchanted Lane; and Dale Pixler, 4325 Enchanted Lane, to June 4, 2001, and extending the time for wetland restoration to July 4, 2001. Motion passed 5/0. D. Status of Application - C.U.B. Foods Director Nielsen reported that representatives of CUB Foods had submitted an application to build a new grocery store adjoining the exist shopping center located at Highways 7 and 41. He noted a Public Hearing would be held on the matter at the June 5, 2001, Planning Commission Meeting. Also, the . developer held a neighborhood meeting at the City Hall recently, and Director Nielsen recommended the location be. moved elsewhere for neighborhood meetings in the future as residents seemed to assume representatives of the City would be there to discuss the issue, and this was not the practice of the City. Also, he believed it practical to include a larger notification area in this process, noting there was not any intention to single out this application, however, it seemed to merit some consideration for enlarging notification areas to include the nearby Planning Districts as part of this process. Mayor Love directed staff to enlarge the notification areas and also commented the proposed plans were available for review in Council Chambers through the June 5, 2001, Planning Commission Meeting. 7. GENERAL A. A Motion Approving the Capital Equipment Plan for Excelsior Fire District Zerby moved, Lizee seconded, approving the Capital Equipment Plan for the Excelsior Fire District. Motion passed 5/0. CITY COUNCIL REGULAR MEETING MINUTES MAY 14,2001 , Page 5 of7 B. A Motion to Adopt a Resolution Supporting the City of Excelsior in Its Visioning and Development Planning Process for Its Downtown Business Community Administrator Dawson reported on this matter, noting modifications had been made to the model resolution prepared by the City of Excelsior. Mayor Love commented he had concerns for the original resolution presented. Specifically, he believed it important for regional planning to take place versus the perceived support of the Metropolitan Council in considering each city to be its own separate entity in terms of planning for the future of the area. Councilmember Turgeon stated she was concerned that the resolution seemed to be concerned only with the viability of downtown Excelsior. Further, she noted it would seem to make sense that the two cities work together in planning for the future, and that Excelsior would be interested in gathering feedback from other cities regarding the downtown area. Mayor Love expressed his disappointment in the Excelsior City Council's choice not to participate in the Community Visioning Process being conducted by the City of Shorewood. . Zerby moved, Garfunkel seconded, Adopting RESOLVTION NO. 01-028, "A Resolution Supporting the City of Excelsior in Its Visioning and Development Planning Process for Its Downtown Business Community. Motion passed 5/0. C. Update on the Community Visioning Project - Bruce Chamberlain, Hoisington Koegler Group, Inc. (HKGi) Mr. Bruce Chamberlain of the Hoisington Koegler Group, Inc. (HKGi), provided a progress report on the "scoping" phase of the City's Community Visioning Project, noting strategies used to involve the community, the community outreach process, and development of the vision itself. Mayor Love thanked Mr. Chamberlain for his report, and recessed the meeting at 9:00 P.M. Mayor Love reconvened the meeting at 9:10 P.M. 8. ENGINEERINGIPUBLIC WORKS . A. Discussion Regarding Cooperative Agreement for the Trunk Highway 7 and 41 Reconstruction Project Engineer Brown reported on the conditions spelled forth in the draft Cooperative Agreement for the Trunk Highway 7 and 41 Reconstruction Project. B. A Motion to Adopt a Resolution Approving Plans and Specifications and Authorizing Advertisement of Bids for the Trunk Highway 7 and 41 Reconstruction Project Zerby moved, Lizee seconded, Adopting RESOLUTION NO. 01-029, "A. Resolution Approving Plans and Specifications and Authorizing Advertisement of Bids for the Trunk Highway 7 and 41 Reconstruction Project. Motion passed 5/0. CITY COUNCIL REGULAR MEETING MINUTES MAY 14, 2001 Page 6 of7 * '9. REPORTS A. Administrator & Staff 1. Gideon Glen Administrator Dawson reported the City's Environmental Consultant was continuing to work on conceptual plans for Gideon Glen restoration project. In addition, Administrator Dawson thanked Council for recommending residents to serve as part of the Residents Advisory Committee being formed in the near future. 2. Skate Park Administrator Dawson reported the skate park was well used and had a great deal of attendance. Engineer Brown reported a majority of the equipment was in place, and he anticipated restoration of the site to occur within the next two weeks. 3. Eddy Station . Engineer Brown reported there was a bit of work left to do on the site and contractors should be returning in the nextfew weeks to finish that work should the weather permit that to happen. 4. County Road 19 Intersection Engineer Brown reported a City design consultant would be handling the design phase of this project for Hennepin County so that it could continue to be slated by the County as a project to take place next year. B. Mayor & City Council Mayor Love reported he had had a meeting with Mr. Stan Taube, owner of the Shorewood Village Shopping Center regarding the process, consideration being given to the rights of the property owners, as well as the codes, ordinances, and zoning for the CUB project proposed in that area. 10.. RECESS TO EXECUTIVE SESSION . Zerby moved, Turgeon seconded, recessing to Executive Session to discuss litigation regarding Eller Media at 9:30 P.M. Motion passed 5/0. Mayor Love convened the Executive Session Meeting at 9:31 P.M. Mayor Love, all Councilmembers, Administrator Dawson; City Attorney Keane; Engineer Brown; Finance Director Burton; and Planning Director Nielsen as well as Special Counsel George Hoff, were in attendance. Council received a progress report regarding pending litigations involving Eller Media and Johnson vs. City of Shorewood. Lizee moved, Turgeon seconded, returning to the Regular Session of the City Council Meeting at 9:48 P.M. Motion passed. ,., CITY COUNCIL REGULAR MEETING MINUTES MAY 14,2001 Page 7 of7 Lizee moved, Turgeon seconded, adjourning the Executive Session at 9:48 P.M. 11. ADJOURNMENT Zerby moved, Turgeon seconded, adjourning the Regular City Council Meeting of May 14, 2001, at 9:48 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Sally Keefe, Recording Secretary Woody Love, Mayor . Craig W. Dawson, City Administrator . . . CITY OF SHOREWOOD CITY COUNCIL WORK SESSION MONDAY, MAY 14,2001 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 6:00 P.M. MINUTES \) f\f1 1. CONVENE WORK SESSION MEETING Mayor Love called the meeting to order at 6:00 P.M. A. Roll Call Present: Mayor Love; Councilmembers Garfunkel, Lizee, Turgeon, and Zerby; Administrator Dawson; Attorney Keane; Engineer Brown; Finance Director Burton; and Planning' Director Nielsen Absent: None B. Review Agenda Mayor Love briefly reviewed the Agenda. Administrator Dawson requested Item 3, Other, be added to this evening's Agenda. Lizee moved, Turgeon seconded, approvi~g the Agenda as amended. Motion passed 5/0. 2. Discussion of the Needs, Progress, and Process for a New Public Safety Facility - Fire Chief Mark DuCharme and Police Chief Bryan Litsey will be making presentations Fire Chief DuCharme and Police Chief Litsey made presentations regarding the needs, progress, and process for a new Public Safety Facility in case the South Lake Minnetonka Police Department needed to add to or replace their existing building. Fire Chief DuCharme noted the Fire Department would proceed with construction of two fire stations in the Fire District. Zerby moved, Lizee seconded, continuing the Work Session immediately following the Regular City Council Meeting this evening at 6:53 P.M. Motion passed 5/0. Mayor Love reconvened the Work Session at 9:50 P.M. 3. Other Council briefly discussed the possibilities of planning a new City Hall in conjunction with a new Police and Fire. Safety campus. 1f~8 COUNCIL WORK SESSION MEETING MINUTES - MAY 14, 2001 Page 2 of 2 4. Adjournment Zerby moved, Turgeon seconded, adjourning the Work Session Meeting of May 14,2001, at 10:10 P.M. Motion passed 5/0. . RESPECTFULLY SUBMITTED, Sally Keefe, Recording Secretary Woody Love, Mayor Craig W. Dawson, City Administrator . . Check Approval List for OS/29/01 Council Meeting Check # Vender Name Description Check Date Invoice # Amollnt 30351 HENN CTY TREASURE PROP TAX- PID 33-117-23-13-0012 5/15/01 $2,974.02 TOTAL FOR HENN CTY TREASURER $2,974.02 30352 ANDERSON, KRISTI B. 5/1 - 5/15 SVCS 5/17/01 $180.00 TOTAL FOR ANDERSON, KRISTI B. $180.00 30353 BROWNING FERRIS IN MAY SVC 5/17/01 04001-0200 $47.94 TOTAL FOR BROWNING FERRIS IND. $47.94 30354 DAWSON, CRAIG MILEAGE/MISC EXP 5/17101 $105.13 TOTAL FOR DAWSON, CRAIG $105.13 30355 HELLING, PAMELA FLOWERS FOR BJN FATHER-IN-LA 5/17101 $33.63 TOTAL FOR HELLING, PAMELA $33.63 30356 KALLESTAD, STEPHEN MILEAGE TO MMBA CONFERENCE 5/17/01 $115.92 TOTAL FOR KALLESTAD, STEPHEN $IJ5.92 30357 LEEF BROS 5/17/01 467676 $29.44 TOTAL FOR LEEF BROS $29.44 30358 PETTY CASH PETTY CASH FOR SPRING CLEAN- 5/17/01 $300.00 . TOTAL FOR PETTY CASH $300.00 30359 PROTOCOL COMMUNI 4/1 - 5/11 SVC 5/17/01 952204663-0 $145.00 TOTAL FOR PROTOCOL COMMUNICATIONS, INC $145.00 30360 QUALITY WINE & SPIRI 5/17/01 959567-00 $432.85 30360 QUALITY WINE & SPIRI 5/17/01 961419-00 $761.28 30360 QUALITY WINE & SPIRI 5/17/01 961419-00 $23.60 30360 QUALITY WINE & SPIRI 5/17/01 961421-00 $38.33 30360 QUALITY WINE & SPIRI 5/17/01 961421-00 $103.03 30360 QUALITY WINE & SPIRI 5/17101 961421-00 $1,734.03 TOTAL FOR QUALITY WINE & SPIRITS CO $3,093./2 30361 UNIVERSITY OF MINNE MMCI CONFERENCE 7/9 -7/13 5/17/01 $335.00 TOTAL FOR UNIVERSITY OF MINNESOTA $335.00 30362 A1.MINNETONKA RENT 5/23/01 82222 $16.94 TOTAL FOR AI-MINNETONKA RENTAL $16.94 30363 ADVANCED IMAGING S MAY CONTRACT SVC 5/23/01 3151 $150.00 . TOTAL FOR ADVANCED IMAGING SOLUTIONS INC $150.00 30364 ALL SAINTS BRANDS I 5/23/01 36047 $158.25 TOTAL FOR ALL SAINT'S BRANDS INC $158.25 30365 ANCHOR PAPER COMP 5/23/01 131274101 $239.53 TOTAL FOR ANCHOR PAPER COMPANY $239.53 30366 AT&T WIRELESS SERVI 5/23/01 2893733-051 $11.37 30366 AT&T WIRELESS SERVI 5/23/01 4160966-051 $36.91 30366 AT&T WIRELESS SERVI 5/23/01 4160966-051 $108.01 TOTAL FOR AT&T WIRELESS SERVICES $156.29 30367 BENDICKSON, WESLEY TREE FOR ARBOR DAY PLANTING 5/23/01 25899 $500.00 TOTAL FOR BENDICKSON, WESLEY $500.00 30368 BOYER TRUCK PARTS RELAY VALVE 5/23/01 266489 $47.34 30368 BOYER TRUCK PARTS EXHAUST PIPE 5/23/01 266570 $119.19 TOTAL FOR BOYER TRUCK PARTS $166.53 30369 CHAMPION AMERICA I FIRST AID KITS 5/23/01 R059155-01 $152.70 TOTAL FOR CHAMPION AMERICA INC $152.70 30370 CITY COUNTY CREDIT 5/22/01 PAYROLL DEDUCTIONS 5/23/01 $400.00 #3/1 Check # Vender Name Description 30371 30372 30372 30373 30373 30374 30375 30375 30376 30376 30376 30377 30377 30377 30378 30379 30379 30380 30380 30381 30382 30383 30383 30383 30383 30383 30383 30384 30384 30384 30384 30384 30384 30384 30384 30385 TOTAL FOR CITY COUNTY CREDIT UNION DAY DISTRIBUTING TOTAL FOR DAY DISTRIBUTING EAST SIDE BEVERAGE 5/23/01 782389 EAST SIDE BEVERAGE 5/23/01 782390 TOTAL FOR EAST SIDE BEVERAGE COMPAN ELKE, CATHERINE APRIL MILEAGE TO BANK/PO 5/23/01 ELKE, CATHERINE SPRING CLEAN-UP LUNCH 5/23/01 TOTAL FOR ELKE, CATHERINE EVANGELINE SPECIAL STREET SIGNS TOTAL FOR EVANGELINE SPECIALTIES FASCHING, PATRICIA ADMIN LUNCH FASCHING, PATRICIA ADMIN LUNCH TOTAL FOR FASCHING, PATRICIA FISCAL AGENT FEES-GEN OBL WA FISCAL AGENT FEES-GO IMPR BON FISCAL AGENT FEES-GO IMPR BON TOTAL FOR FIRSTAR FRIENDS SO. SHORE S RENT FOR WINE TASTING 5/17/01 FRIENDS SO. SHORE S RENT FOR WINE TASTING 5/17/01 FRIENDS SO. SHORE S RENT FOR WINE TASTING 5/17/01 TOTAL FOR FRIENDS SO. SHORE SR CTR GA INDUSTRIES INC FLOW CONTROLS VALVES TOTAL FOR GA INDUSTRIES INC GOPHER STATE ONE-C APRIL SVC 5/23/01 1040665 GOPHER STATE ONE-C APRIL SVC 5/23/01 1040665 TOTAL FOR GOPHER STATE ONE-CALL, TN GRIGGS, COOPER & C 5/23/01 372401 GRIGGS, COOPER & C 5/23/01 372402 TOTAL FOR GRIGGS, COOPER & COMPANY HAWKINS WATER TRE 5/23/01 DM57179 TOTAL FOR HAWKINS WATER TREATMENT HENNEPIN COUNTY TR DATA EXTRACTION/CD 5/23/01 280 TOTAL FOR HENNEPIN COUNTY TREASURER HERMEL WHOLESALE 5/23/01 ,291259 HERMEL WHOLESALE 5/23/01 291260 HERMEL WHOLESALE 5/23/01 291262 HERMEL WHOLESALE 5/23/01 293646 HERMEL WHOLESALE 5/23/01 293647 HERMEL WHOLESALE 5/23/01 293660 TOTAL FOR HERMEL WHOLESALE HOPKINS PARTS COM BALL JOINTS/FILTERS HOPKINS PARTS COM REAR WHEEL SEAL HOPKINS PARTS COM BATTERY HOPKINS PARTS COM U JOINT/BLACK PAINT HOPKINS PARTS COM OIL FILTERS/MARKERS/ETC HOPKINS PARTS COM FUEL OIL FILTERS HOPKINS PARTS COM OIL FILTERS HOPKINS PARTS COM FUEL FILTERS TOTAL FOR HOPKINS PARTS COMPANY FIRSTAR FIRSTAR FIRST AR ICMA RETIREMENT TR DEF COMP 5/22101 PAYROLL ;~, ' .. ,!, ~ ..... :-.. Ti,llrsday;May 24,2iJoi Check Date Invoice # 5/23/01 133515 5/23/01 115349 5/23/01 5/23/01 5/23/01 686193 5/23/01 686210 5/23/01 686219 5/23/01 5/23/01 5/23/01 5/23/01 IV049786 5/23/01 41622 5/23/01 41781 5/23/01 41893 5/23/01 43555 5/23/01 43559 5/23/01 43635 5/23/01 43909 5/23/01 43961 5/23/01 Amount $400.00 $492.50 $492.50 $1,581.65 $1,479.10 $3,060.75 $24.15 $39.38 $63.53 $58.03 $58.03 $16.14 $24.18 $40.32 $168.38 $218.38 $218.38 $605.14 $26.66 $26.67 $26.67 $80.00 $152.14 $152.14 $28.80 $28.80 $57.60 $80.88 $134.80 $215.68 $25.00 $25.00 $52.57 $52.57 $665.67 $604.77 $549.92 $351.07 $289.22 $343.86 $2,804.51 $58.10 $2.40 $80.89 $24.51 $14.39 $51.30 $16.25 $7.11 $254.95 $1,222.07 . . .. ~', Page 20/8 Check # Vender Name Description Check Date Invoice # Amoullt TOTAL FOR ICMA RETIREMENT TRUST-457 $1,222.07 30386 IFCO INDUSTRIAL CON BARRELS 5/23/01 32530 $230.05 TOTAL FOR IFCO INDUSTRIAL CONTAINER SYST $230.05 30387 KATH FUEL OIL SERVI PW SUPPLIES 5/23/01 D-603844 $2.75 TOTAL FOR KATH FUEL OIL SERVICE $2.75 30388 KREMER SPRING & All SPRINGS 5/23/01 101198 $404.00 TOTAL FOR KREMER SPRING & ALfGNMENT INC $404.00 30389 MIDWEST COCA-COLA 5/23/01 22605546 $199.61 30389 MIDWEST COCA-COLA 5/23/01 61843084 $205.45 30389 MIDWEST COCA-COLA 5/23/01 63214141 $95.32 30389 MIDWEST COCA-COLA 5/23/01 63214158 ($13.80) 30389 MIDWEST COCA-COLA 5/23/01 63217094 $98.85 TOTAL FOR MIDWEST COCA-COLA BOTTLfN $585.43 30390 MN CHILD SUPPORT P CHILD SUPPORT - C SCHMID 5/23/01 $173.51 TOTAL FOR MN CHILD SUPPORT PMT CTR $173.51 30391 MN CONWAY AND FIRE ANNUAL FIRE EXTING SVCIINSP 5/23/01 300891 $177.10 . 30391 MN CONWAY AND FIRE ANNUAL FIRE EXTING SVCIINSP 5/23/01 300891 $118.07 . TOTAL FOR MN CONWAY AND FIRE SAFETY $295.17 30392 NAVARRE TRUE VALU GREEN PAINT/SPRAYER 5/23/01 78306 $55.36 30392 NAVARRE TRUE VALU GREEN PAINT/SPRAYER 5/23/01 78306 $21.29 TOTAL FOR NA VARRE TRUE VALUE $76.65 30393 NORTH STAR ICE 5/23/01 02112406 $81.60 30393 NORTH STAR ICE 5/23/01 76113206 $69.60 30393 NORTH STAR ICE 5/23/01 85112716 $52.80 30393 NORTH STAR ICE 5/23/01 85112717 $54.00 TOTAL FOR NORTH STAR ICE $258.00 30394 PAZANDAK, JOSEPH MILEAGE 5/7 -5/18/01 5/23/01 $91.43 TOTAL FOR PAZANDAK, JOSEPH $91.43 30395 PERA 5/22/01 PAYROLL 5/23/01 $1,994.76 30395 PERA 5/22/01 PAYROLL 5/23/01 $1,829.18 TOTAL FOR PERA $3,823.94 30396 QUALITY WINE & SPIRI 5/23/01 954006-00 ($9.75) . 30396 QUALITY WINE & SPIRI 5/23/01 962130-00 $470.37 30396 QUALITY WINE & SPIRI 5/23/01 963737-00 $122.89 30396 QUALITY WINE & SPIRI 5/23/01 963737-00 $1,277.35 30396 QUALITY WINE & SPIRI 5/23/01 963739-00 $547.71 30396 QUALITY WINE & SPIRI 5/23/01 963739-00 $985.07 30396 QUALITY WINE & SPIRI 5/23/01 963740-00 $735.30 30396 QUALITY WINE & SPIRI 5/23/01 963740-00 $1,083.19 TOTAL FOR QUALfTY WINE & SPIRITS CO' $5,212.13 30397 SACKRIDER, WILLIAM REF ESCROW-5325 ELMRIDGE CIR 5/23/01 $7,676.25 TOTAL FOR SACKRIDER, WILLfAM $7,676.25 30398 SHORTY'S WRECKER S TOWING TO PW BLDG 5/23/01 36972 $105.30 TOTAL FOR SHORTY'S WRECKER SERVICE $105.30 30399 SJ & F ENTERPRISES I PALLET RACKING FOR STORAGE 5/23/01 0041176-IN $1,064.89 TOTAL FOR SJ & F ENTERPRISES INC $1,064.89 30400 THORPE DISTRIBUTIN 5/23/01 225282 $25.10 30400 THORPE DISTRIBUTIN 5/23/01 225282 $1,790.15 30400 THORPE DISTRIBUTIN 5/23/01 225382 $37.50 30400 THORPE DISTRIBUTIN 5/23/01 225382 $2,882.20 TOTAL FOR THORPE DISTRIBUTING COMPA $4,734.95 Check # Vender Name Description Check Date Invoice # Amount 30401 TRI COUNTY BEVERAG 5/23/01 86366 $145.50 TOTAL FOR TRI COUNTY BEVERAGE & SUPPLY $145.50 30402 TWIN CITY GARAGE D 2 OPENER REMOTES 5/23/01 121349 $112.50 TOTAL FOR TWIN CITY GARAGE DOOR CO. $112.50 39403 WIDMER, INC. WATERMAIN BREAK REPAIRS 5/23/01 4288 $1,640.00 TOTAL FOR WIDMER,INC. $1,640.00 30404 XCELENERGY 5/23/01 1541-203-60 $7.08 30404 XCEL ENERGY 5/23/01 2095-300-56 $1,547.96 TOTAL FOR XCEL ENERGY $1,555.04 30405 ZIEGLER, INC. BULBS 5/23/01 PCOO040408 $30.26 TOTAL FOR ZIEGLER,INC. $30.26 30406 BELLBOY BAR SUPPLY 5/30/01 33869800 $43.93 30406 BELLBOY BAR SUPPLY 5/30/01 33870000 $38.31 TOTAL FOR BELLBOY BAR SUPPLY $82.24 30407 BELLBOY CORPORATI 5/30/01 21258000 $793.80 30407 BELLBOY CORPORATI 5/30/01 21258100 $315.25 30407 BELLBOY CORPORATI 5/30/01 21258200 $632.67 30407 BELLBOY CORPORATI 5/30/01 21310500 ($83.60) . 30407 BELLBOY CORPORATI 5/30/01 21312400 $494.50 30407 BELLBOY CORPORATI 5/30/01 21312500 $579.17 30407 BELLBOY CORPORATI 5/30/01 21312900 $108.25 TOTAL FOR BELLBOY CORPORATION $2,840.04 30408 CDW GOVERNMENT, I CD-RW FOR NETWORK 5/30f01 DR44023 $261.84 TOTAL FOR CDWGOVERNMENT, INC $261.84 30409 DAY DISTRIBUTING 5/30/01 133836 $1,134.00 30409 DAY DISTRIBUTING 5/30/01 133837 $1,257.40 30409 DAY DISTRIBUTING 5f30/01 134333 $608.75 30409 DAY DISTRIBUTING 5/30101 134671 $568.60 30409 DAY DISTRIBUTING 5/30/01 134672 $1,364.10 TOTAL FOR DAY DISTRIBUTING $4,932.85 30410 DMJ CORPORATION ASPHALT PAVING FOR SKATE PAR 5/30f01 3336 $4,575.00 30410 DMJ CORPORATION ASPHALT PAVING FOR SKATE PAR 5f30101 3336 $4,400.00 TOTAL FOR DMJ CORPORATION $8,975.00 30411 EAST SIDE BEVERAGE 5f30/01 784680 $2,800.65 . 30411 EAST SIDE BEVERAGE 5/30/01 785405 $2,205.60 30411 EAST SIDE BEVERAGE 5/30101 785405 $28.50 30411 EAST SIDE BEVERAGE. 5/30/01 785406 $1,925.60 30411 EAST SIDE BEVERAGE 5/30/01 786764 $47.50 30411 EAST SIDE BEVERAGE 5/30/01 787703 $1,348.00 TOTAL FOR EAST SIDE BEVERAGE COMPAN $8,355.85 30412 FIL TERFRESH COFFEE/SUPPLIES 5/30101 50280 $30.25 30412 FIL TERFRESH 5/30101 50281 $27.00 TOTAL FOR FlLTERFRESH $57.25 30413 FORTIS BENEFITS INS JUNE PREMIUM-STD 5/30/01 $6.00 30413 FORTIS BENEFITS INS JUNE PREMIUM-STD 5/30/01 $81.00 30413 FORTIS BENEFITS INS JUNE PREMIUM-STD 5/30/01 $6.00 30413 FORTIS BENEFITS INS JUNE PREMIUM-STD 5/30/01 $6.00 TOTAL FOR FORTIS BENEFITS INS CO $99.00 30414 GA INDUSTRIES INC REBUILD VALVE- SE WELL 5/30101 IV049927 $1,226.14 TOTAL FOR GA INDUSTRIES INC $1,226.14 30415 GRIGGS, COOPER & C 5/30/01 373616 $2,234.87 ,:;:; ":':::::':;::::,:"':;:-~;':':"".; ,.",,,:,;,';, '.'.:,'.',:,:.'. ............. ,.... .p~g~'4oJ8 Thllrsday, May 24, Check # Vender Name Descriptioll Check Date Illvoice # AmOllllt 30415 GRIGGS, COOPER & C 5/30/01 373617 $810.43 30415 GRIGGS, COOPER & C 5/30/01 373621 $1,206.16 30415 GRIGGS, COOPER & C 5/30/01 373622 $461.04 30415 GRIGGS, COOPER & C 5/30/01 373631 $1,238.51 30415 GRIGGS, COOPER & C 5/30/01 373632 $294.54 30415 GRIGGS, COOPER & C 5/30/01 376573 $58.70 30415 GRIGGS, COOPER & C 5/30/01 376573 $1,335.08 30415 GRIGGS, COOPER & C 5/30/01 376574 $112.40 30415 GRIGGS, COOPER & C 5/30/01 376575 $223.73 30415 GRIGGS, COOPER & C 5/30/01 376580 $424.36 30415 GRIGGS, COOPER & C 5/30/01 376581 $129.58 30415 GRIGGS, COOPER & C 5/30/01 376593 $958.57 30415 GRIGGS, COOPER & C 5/30/01 376594 $26.74 30415 GRIGGS, COOPER & C 5/30/01 560702 ($7.04) 30415 GRIGGS, COOPER & C 5/30/01 561283 ($2.05) 30415 GRIGGS, COOPER & C 5/30/01 561284 ($8.00) 30415 GRIGGS, COOPER & C 5/30/01 561347 ($53.40) TOTAL FOR GRIGGS, COOPER & COMPANY $9,444.22 30417 JOHNSON BROS L1QU 5/30/01 1250475 $264.70 . 30417 JOHNSON BROS L1QU 5/30/01 1250475 $309.86 30417 JOHNSON BROS L1QU 5/30/01 1250476 $496.23 30417 JOHNSON BROS LIQU 5/30/01 1250476 $909.30 30417 JOHNSON BROS L1QU 5/30/01 1250478 $731.88 30417 JOHNSON BROS LIQU 5/30/01 1250478 $712.58 30417 JOHNSON BROS L1QU 5/30/01 1253208 $638.15 30417 JOHNSON BROS L1QU 5/30/01 1253208 $702.38 30417 JOHNSON BROS L1QU 5/30/01 1253209 $975.65 30417 JOHNSON BROS L1QU 5/30/01 1253209 $1,953.20 30417 JOHNSON BROS L1QU 5/30/01 1253211 $501.10 30417 JOHNSON BROS L1QU 5/30/01 1253211 $735.55 ..... 30417 JOHNSONBROSUQU 5/30/01 156832 ... ($29.05) 30417 JOHNSON BROS L1QU 5/30/01 156833 ($8.20) 30417 JOHNSON BROS L1QU 5/30/01 156984 ($6.89) 30417 JOHNSON BROS L1QU 5/30/01 156985 ($9.65) 30417 JOHNSON BROS L1QU 5/30/01 156986 ($12.07) 30417 JOHNSON BROS L1QU 5/30/01 156987 ($5.52) . 30417 JOHNSON BROS L1QU 5/30/01 157489 ($12.41) 30417 JOHNSON BROS L1QU 5/30/01 157490 ($1.63) 30417 JOHNSON BROS L1QU 5/30/01 157491 ($12.41) 30417 JOHNSON BROS L1QU 5/30/01 157492 ($5.52) 30417 JOHNSON BROS L1QU 5/30/01 157493 ($29.60) 30417 JOHNSON BROS L1QU 5/30/01 157531 ($3.92) 30417 JOHNSON BROS L1QU 5/30/01 158331 ($23.95) 30417 JOHNSON BROS L1QU 5/30/01 158332 ($26.65) 30417 JOHNSON BROS L1QU 5/30/01 158333 ($25.50) 30417 JOHNSON BROS L1QU 5/30/01 158334 ($12.40) 30417 JOHNSON BROS L1QU 5/30/01 158335 ($38.59) 30417 JOHNSON BROS L1QU 5/30/01 158628 ($6.03) TOTAL FOR JOHNSON BROS LIQUOR CO. $8,660.59 30418 KREMER SPRING & All REAR SPRING/U-BOL TS 5/30/01 101256 $229.00 . TOTAL FOR KREMER SPRING & ALIGNMENT INC $229.00 30419 LANO EQUIPMENT, INC NEW TRAILER 5/30/01 2533 $3,793.00 TOTAL FOR LANO EQUIPMENT, INC. $3,793.00 30420 M/AASSOCIATES INC. HAND CLEANER 5/30/01 20925 $74.46 ,',':: .::i.: . "::i: :', ',;";, ,,"i\;:i,:: ,";' . "::".;'.;:.:::'~ ::'!';':;: ::":;,,:::':" '~ !:",. ;::!':' :..:, ,,,,'.:,.,,; ,".:,;:\: ': ,~:, ::.::, ~':.,:_:':'; T!;:~ :;,:, ,.,;~:'~,~;:':: ii ",-'" ,...-,.-.,. ..,.....,.. ;:'/.l..~:!.:;:H:;l ..........-..-....-, .'.'''=,.'.'',,''''..',''''.-;.' . ,-,," ,":i~-":::~":' .:....._' "., '.: '",. ,,'. . :r<:~:;.:.. " "" ,:~ Thllrsday, May 24, 2001 .-.........,.,...'-,..,.,,,,.... Page 5 of8 Check # Vender Name Descriptioll Check Date Invoice # Amount TOTAL FOR MIA ASSOCIATES INC. $74.46 30421 MARK VII 5/30/01 273166 $1,196.85 30421 MARK VII 5/30/01 273167 $10.90 30421 MARK VII 5/30/01 273174 $55.95 30421 MARK VII 5/30/01 273174 $1,880.55 30421 MARK VII 5/30/01 273176 $858.35 30421 MARK VII 5/30/01 273177 $10.90 30421 MARK VII 5/30/01 275753 $723.89 30421 MARK VII 5/30/01 275758 $635.60 30421 MARK VII 5/30/01 275759 $29.55 30421 MARK VII 5/30/01 275761 $874.85 TOTAL FOR MARK Vll $6,277.39 30422 MARLIN'S TRUCKING 5/30/01 9246/9280 $40.05 30422 MARLIN'S TRUCKING 5/30/01 9246/9280 $40.05 30422 MARLIN'S TRUCKING 5/30/01 924819281 $81.45 30422 MARLIN'S TRUCKING 5/30/01 9248/9281 $81.45 30422 MARLIN'S TRUCKING 5/30/01 9249/9282 $35.10 30422 MARLIN'S TRUCKING 5/30/01 924919282 $35.10 TOTAL FOR MARLIN'S TRUCKING $313.20 30423 MCLEOD USA 5/30/01 8336930 $112.01 30423 MCLEOD USA 5/30/01 8336930 $158.09 30423 MCLEOD USA 5/30/01 8336930 $543.49 30423 MCLEOD USA 5/30/01 8336930 $112.69 30423 MCLEOD USA 5/30/01 8336930 $75.84 30423 MCLEOD USA 5/30/01 8336930 $52.51 30423 MCLEOD USA 5/30/01 8336930 $157.32 30423 MCLEOD USA 5/30/01 8336930 $105.27 TOTAL FOR MCLEOD USA $1,317.22 30424 MEDICA JUNE PREMIUMS 5/30/01 10115210220 $366.45 30424 MEDICA JUNE PREMIUMS 5/30/01 10115210220 $366.45 30424 MEDICA JUNE PREMIUMS 5/30/01 10115210220 $366.46 30424 MEDICA JUNE PREMIUMS 5/30/01 10115210220 $5,372.44 30424 MEDICA 5/30/01 10115212259 $1,093.86 30424 MEDICA JUNE PREMIUMS 5/30/01 10115212545 $1,704.67 TOTAL FOR MEDICA $9,270.33 30425 METRO COUNCIL ENVI JUNE WASTEWATER 5/30/01 721830 $23,242.07 TOTAL FOR METRO COUNCIL ENVIRONMENT $23,242.07 30426 MUNITECH, INC. JUNE SVCS 5/30/01 7671 $2,550.00 30426 MUNITECH, INC. JUNE SVCS 5/30/01 7671 $5,950.00 TOTAL FOR MUNITECH, INC. $8,500.00 30427 NORTH STAR ICE 5/30/01 1113703 $94.72 30427 NORTH STAR ICE 5/30/01 1113704 $125.40 TOTAL FOR NORTH STAR ICE $220.12 30428 NORTHERN TOOL & EO CREDIT FOR TRIMMER LINE 5/30/01 82112186 ($27.64 ) 30428 NORTHERN TOOL & EO MOWER SEATITOW STRAP/GLOVE 5/30/01 82115986 $73.49 30428 NORTHERN TOOL & EO MOWER SEATITOW STRAP/GLOVE 5/30/01 82115986 $8.50 30428 NORTHERN TOOL & EO MOWER SEATITOW STRAP/GLOVE 5/30/01 82115986 . $10.64 TOTAL FOR NORTHERN TOOL & EQUIP CO $64.99 3042.9 OFFICE DEPOT 5/30/01 127547504-0 $89.83 30429 OFFICE DEPOT 5/30/01 127629287-0 ($9.20) 30429 OFFICE DEPOT 5/30/01 127761010-0 $83.52 30429 OFFICE DEPOT 5/30/01 128558618-0 $153.54 . . 'TI,~~;;day, M ay'24,"iooj"'"'''''' ..... ,. i,~,',;i 1.;,;;,;,',,::;',':0, :.:;;:i'..,:;;::::i!,j.:<'! ,:,,;,_,,:,::,,';.i:; """''''';''P~g~''6i'~1Ii Check # Vender Name Description Check Date Invoice # Amount 30430 30431 . 30432 30432 30432 30432 30432 30432 30432 30432 30432 30432 30432 30432 30432 30432 30432 30432 30432 30432 30432 30432 30433 30434 30435 . 30436 30436 30436 30436 30436 30436 30436 30436 30437 30438 30439 ' 30439 30440 30441 TOTAL FOR OFFICE DEPOT OFFICE MAX CREDIT P TOTAL FOR OFFICE MAX CREDIT PLAN ORONO, CITY OF 1ST OTR 2001 ANIMAL CONTROL TOTAL FOR ORONO, CITY OF PHILLIPS WINE & SPIRI PHILLIPS WINE & SPIRI PHILLIPS WINE & SPIRI PHILLIPS WINE & SPIRI PHILLIPS WINE & SPIRI PHILLIPS WINE & SPIRI PHILLIPS WINE & SPIRI PHILLIPS WINE & SPIRI PHILLIPS WINE & SPIRI PHILLIPS WINE & SPIRI PHILLIPS WINE & SPIRI PHILLIPS WINE & SPIRI PHILLIPS WINE & SPIRI PHILLIPS WINE & SPIRI PHILLIPS WINE & SPIRI PHILLIPS WINE & SPIRI PHILLIPS WINE & SPIRI PHILLIPS WINE & SPIRI PHILLIPS WINE & SPIRI PHILLIPS WINE & SPIRI TOTAL FOR PHILLIPS WINE & SPIRITS QUEST DEX TOTAL FOR QUEST DEX QUEST 5/30/01 1103932 5/30/01 1041-01 5/30/01 3238803 5/30/01 3239273 5/30/01 3239274 5/30/01 3239275 5/30/01 3239276 5/30/01 3239277 5/30/01 3239278 5/30/01 716464 5/30/01 716465 5/30/01 716465 5/30/01 716467 5/30/01 716467 5/30/01 718773 5/30/01 718774 5/30/01 718775 5/30/01 718775 5/30/01 718775 5/30/01 718777 5/30/01 718777 5/30/01 718777 5/30/01 8618554000 5/30/01 TOTAL FOR QUEST SO LK MTKA POLICE D JUNE MONTHLY BUDGET 5/30/01 TOTAL FOR SO LK MTKA POLICE DEPT THORPE DISTRIBUTIN 5/30/01 ,225928 THORPE DISTRIBUTIN 5/30/01 225958 THORPE DISTRIBUTIN 5/30/01 225958 THORPE DISTRIBUTIN 5/30/01 226008 THORPE DISTRIBUTIN 5/30/01 226008 THORPE DISTRIBUTIN 5/30/01 226501 THORPE DISTRIBUTIN 5/30/01 226588 THORPE DISTRIBUTIN . 5/30/01 226588 TOTAL FOR THORPE DISTRIBUTING COMPA TIERNEY BROS INC LABELING CASSETTE 5/30/01 393387-1 TOTAL FOR TIERNEY BROS INC .TONKA BAY-CITY OF JUNE RENT 5/30/01 TOTAL FOR TONKA BAY-CITYOF TOTAL REGISTER SYS MAINT CONTRACT 6/22/01 - 6/22/02 5/30/01 11592 TOTAL REGISTER SYS MAINT CONTRACT 6/30/01 - 6/30/02 5/30/01 11593 TOTAL FOR TOTAL REGISTER SYSTEMS TOWLE REAL ESTATE JUNE RENT 5/30/01 TOTAL FOR TOWLE REAL ESTATE COMPANY TWIN CITY SEED CO GRASS SEED 5/30/01 4061 ;T/II;~siJ,ij;;')laY2 ;t '2 O(jj " ., :;.",'" ,-.:,,,:;,,';-A:>:;;IY.""-' ,t";;.,.;.:,;,..::"'::.'.,;:::>,;',::_.' '.::,"!:";;;t,:',':.;i:,' .;:,",::;:.i,-' $317.69 $82.66 $82.66 $4,443.75 $4,443.75 ($75.35) ($8.55) ($19.95) ($8.55) ($7.13) ($7.13) ($9.17) $49.70 $81.45 $111.65 $24.85 $96.90 $1,126.60 $250.90 $76.95 $125.00 $376.28 $25.00 $30.00 , $84.15 $2,323.60 $188.30 $188.30 $52.06 " $52.06 $44,902.67 $44,902.67 $260.50 $12.55 $346.95 $33.60 $856.20 $2,585.20 $23.75 $668.10 $4,786.85 $96.95 $96.95 $1,175.00 $1,175.00 $975.00 $1,300.00 $2,275.00 $4,683;32 $4,683.32 $287.55 : .' ;,~ '-,'.:'. '. " ""';"";"P~g~'7oJ8 Check # Vender Name Description Check Date Invoice # Amount TOTAL FOR TWIN CITY SEED CO $287.55 30442 TWIN CITY WATER CLI BACTERIA ANALYSIS FOR APRIL 5/30/01 7468 $60.00 TOTAL FOR TWIN CITY WATER CLINIC $60.00 30443 UNUM LIFE INSURANC JUNE L TO PREM 5/30/01 050901 STMT $13.96 30443 UNUM LIFE INSURANC JUNE L TO PREM 5/30/01 050901STMT $221.11 30443 UNUM LIFE INSURANC JUNE L TO PREM 5/30/01 050901STMT $13.67 30443 UNUM LIFE INSURANC JUNE L TO PREM 5/30/01 050901STMT $12.03 TOTAL FOR UNUM LIFE INSURANCE CO $260.77 30444 US FILTER DISTRIBUTI REPAIR CLAMP 5/30/01 7353706 $133.09 30444 US FILTER DISTRIBUTI CLAMP W/CORP 5/30/01 7355427 $194.45 30444 US FILTER DISTRIBUTI PARTS FOR WATER BREAK REPR # 5/30/01 7368476 $161.28 TOTAL FOR US FILTER DISTRIBUTION GROUP $488.82 30445 VIKING LAND TREE CA TREE REMOVAL-CTRY CLUB/CHAS 5/30/01 2098 $1,290.63 30445 VIKING LAND TREe CA CHIP BRUSH/LOGS SKATE PARK 5/30/01 2099 $75.00 TOTAL FOR VIKING LAND TREE CARE INC $1,365.63 30446 W.W. GRAINGER, INC RAW SUIT/EAR PLUGS/D BATTERIE 5/30/01 495-190214- $49.34 TOTAL FOR W:W: GRA1NGER,/NC $49.34 30447 WSB AND ASSOCIATE PROJECT OBSERVATION-MISC 5/30/01 01074-000-2 $1,740.00 30447 WSB AND ASSOCIATE CHRISTMAS SHORES CONSTR OBS 5/30/01 01074-270-1 $240.00 . 30447 WSB AND ASSOCIATE FREEMAN PK BLDG CONSTR SVCS 5/30/01 01074-374-1 $60.00 30447 WSB AND ASSOCIATE SHOREWOOD PONDS DEV REVIEW 5/30/01 01074-390-1 $180.00 30447 WSB AND ASSOCIATE NSP WATER SVC CROSSING OF CS 5/30/01 01074-450-0 $1,290.00 30447 WSB AND ASSOCIATE WOODHAVEN WELL REHAB FEASIB 5/30/01 01074-490-1 $49.50 30447 WSB AND ASSOCIATE OUR SAVIORS SITE PLAN REVIEW 5/30/01 01074-571-0 $480.00 30447 WSB AND ASSOCIATE ADJ SMITHTOWN RD OVERLAY JAN 5/30/01 01074-583-0 ($198.00) 30447 WSB AND ASSOCIATE CUB FOODS SITE REVIEW 5/30/01 01074-591-0 $616.50 30447 WSB AND ASSOCIATE 2001 STREET REHAB/RECONSTR P 5/30/01 01074-602-0 $29.00 30447 WSB AND ASSOCIATE FREEMAN PK WATER/SEWER 5/30/01 01169-104-0 $300.00 TOTAL FOR WS!1 AND ASSOCIATES $4,787.00 30448 XCEL ENERGY 5/30/01 0145-009-26 $14.04 30448 XCEL ENERGY 5/30/01 0408-607-95 $72.37 30448 XCEL ENERGY 5/30/01 0615-308-36 $3.14 30448 XCEL ENERGY 5/30/01 0677-702-26 $483.54 30448 XCEL ENERGY 5/30/01 1285-101-66 $15.26 30448 XCEL ENERGY 5/30/01 1373-808-26 $7.65 . 30448 XCEL ENERGY 5/30/01 1440-708-46 $146.06 30448 XCEL ENERGY 5/30/01 1564-303-36 $7.57 30448 XCEL ENERGY 5/30/01 1605-305-56 $90.88 30448 XCEL ENERGY 5/30/01 1724-866-54 $74.48 30448 XCELENERGY 5/30/01 2001-503-26 $14.89 TOTAL FOR XCEL ENERGY $929.88 TOTAL CHECKS $218,495.62 Till;;~d~y, irIa/24, 200i"'''';' ' . ,. :,..'~;:".;:~.,:;;:; : ;.;~;;,;,,'-:r. Payroll Register . Check # Last Name First Name MI Check Amt Check Date 216700 BANY AI MICHAEL J 377.99 5/22/01 216701 BECKMAN JENNIFER A 348.36 5/22/01 216702 BROWN LA WRENCE A 1,776.24 5/22/01 216703 BURTON BONNIE M 1,530.02 5/22/01 216704 CARLSON ERIK M 372.58 5/22/01 216705 CARLSON RICHARD E 221.87 5/22/01 216706 DAVIS CHARLES S 1,015.23 5/22/01 216707 DA WSON CRAIG W 1,566.59 5/22/0 I 216708 DUFFY DA VID C 105.09 5/22/01 216709 EISCHENS JAMES E 526.45 5/22/0 I 216710 ELKE CATHERINE M 794.03 5/22/01 216711 FASCHING PATRICIA L 766.94 5/22/01 216712 FLEMMING JAMES D 120.00 5/22/01 . 216713 GARFUNKEL JOHN J 184.70 5/22/0 1 216714 GROUT TWILA R 874.14 5/22/01 216715 HELGESEN PATRICIA R 739.79 5/22/01 216716 HELLING PAMELA J 487.38 5/22/01 216717 HIRSCH DANA M 186.29 5/22/01 216718 JOHNSON DENNIS D 1,108.69 5/22/01 216719 KALLEST AD STEPHEN N 912.74 5/22/01 216720 KARELS PAUL C 166.81 5/22/01 216721 LATTERNER SUSAN M 346.12 5/22/0 I 216722 LEDWITH JAMES R 141.90 5/22/01 2 16723 LEDWITH MARIE E 82.61 5/22/01 216724 LIZEE CHRISTINE G 184.70 5/22/01 216725 LOVE CLIFFORD W 220.47 5/22/0 I . 216726 LUGOWSKI JOSEPH P 1,195.19 5/22/01 216727 MALUCHNIK KRIS A 504.70 5/22/01 216728 MANSHIP AUSTIN A 123.49 5/22/0 I 216729 MARRON RUSSELL R 40.10 5/22/01 216730 MASON BRADLEY J 1,027.34 5/22/01 216731 MOORE JULIE K 281.89 5/22/01 216732 NICCUM LAWRENCE A 1,305.08 5/22/01 216733 NIELSEN BRADLEY J 1,056.94 5/22/01 216734 PANCHYSHY JEAN M 999.89 5/22/01 216735 PAZANDAK JOSEPH E 1,319.34 5/22/01 216736 POUNDER CHRISTOPHER J 1,066.31 5/22/01 216737 RANDALL DANIEL J 1,048.17 5/22/0 I 216738 RICH MELANY M 67.99 5/22/01 216739 SCHMID CHRISTOPHER E 587.58 5/22/01 216740 SCHNEEWIN JACQUELYN K 930.07 5/22/01 Wednesday, May 23, 2001 Page 1 of2 Check # Last Name First Name MI Check Amt Check Date 216741 STARK BRUCE H 1,004.13 5/22/01 216742 SW ANDBY DONALD R 1,135.00 5/22/01 216743 TURGEON LAURA 184.70 5/22/01 216744 WHITE BRYAN 53.33 5/22/01 216745 ZERBY MICHAEL S 184.70 5/22/01 Total of Checks $29,273.67 Wednesday, May 23, 2001 Page 2 of 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: Mayor and City Council Larry Brown, Director of Public W orks ~ Craig Dawson, City Administrator FROM: . DATE: May 24, 2001 RE: A Motion To Adopt a Resolution Authorizing the Mayor and City Administrator to Enter into a Cooperative Agreement for the State Trunk Highway 7-41 Construction Project, City Project 98-05 At the last City Council Meeting, Staff presented the draft agreement for the State Highway 7 and 41 Reconstruction Project. The agreement has been finalized and is attached for the City Council's consideration. In summary, the cost breakdown for the project is indicated in Table 1: . City of Shorewood Description MNIDOT State Aid Funds Total Project Design $ (256,538.22) $ 256,538.22 Right of Way Acquisition (1) $ (62,270.00) $ . 62,270.00 TH 7/41 Construction & Portion of Storm Sewer System $ (1,141,158.20) Realignment of Lake Linden Drive $ (160,727.04) $ (40,181.76) Traffic Signal System $ (129,150.00) $ (43,050.00) Storm Sewer Lk Linden & Svc Rd. $ (190,020.47) $ (97,889.33 ) Construction Inspection & Staking (2) $ $ (10,867.27) Contingency $ (100,000.00) Table 1 Notes: (1) MnlDOT participation is for the Highway 7-41 portion only. Shorewood pays for acquisition related to service road and eminent domain proceedings using MSA Funds. (2) MnlDOT does not list a direct cost to the State, as they are using State personnel to perform inspection services. Cost is estimated between 6 to 8 percent of total project. ft ~.1 PRINTED ON RECYCLED PAPER #38 ." . " Mayor and City Council Cooperative Agreement 7 & 41 May 24,2001 Page 2 of2 While the bulk of the project is MnIDOT's construction, the project is a City of Shorewood project completed in cooperation with the State. As such, once bids have been accepted and reviewed by the State and the City, the funds for construction (excepting contingency) will be wired to the City. MnlDOT's personnel will perform construction inspection services and preparation of payment applications. The City will perform review on payment applications received and issue checks appropriately. It should be noted that if the City desires to proceed with the agreement, it must be processed prior to June 30, in order to be assured of the availability of MSA funds. Such funds may not be available if the Legislature and Governor have not approved an omnibus tax bill and an omnibus state . department's bill by July 1. Recommendation: Staff is recommending that the resolution, which authorizes the Mayor and City Administrator to enter into a cooperative agreement, be approved. A resolution is attached for your consideration. . , . . PRE-LETTING SERVICES SECTION STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION COOPERATIVE CONSTRUCTION AGREEMENT Mn/DOT AGREEMENT NO. 81025-R S.P. 1008-58 (T.H. 41=12) S.A.P. 216-010-04 State Funds The State of Minnesota Department of Transportation, and City of Shorewood State cost design services, right-of-way acquisition and intersection improvement construction by the City and City cost frontage road construction engineering by the State at the intersection of T.H. 41 and T.H. 7 The Re: ORIGINAL AMOUNT ENCUMBERED $2,039,863.93 ESTIMATED AMOUNT RECEIVABLE $10,867.27 THIS AGREEMENT is made and entered into by and between the State of Minnesota, Department of Transportation, hereinafter referred to as the "State" and the City of Shorewood, Minnesota, acting by and through its City Council, hereinafter referred to as the "City". ATTACHMENT 1 1 , v 81025 WHEREAS, the City is about to perform grading, surfacing, storm sewer and signal construction and other associated construction upon and along Trunk Highway No. 41 from approximately 700 meters south of Trunk Highway No.7 to Trunk Highway NO.7, and upon, along and adjacent to Trunk Highway No. 7 from approximately 100 meters west of Trunk Highway No. 41 to approximately 300 meters east of Trunk Highway No. 41 in accordance with City-prepared plans, specifications and special provisions designated as State Project No. 1008-58 (T.H. 41=12), State Aid Project No. 216-010-04 and City Project No. 98-05; and WHEREAS, this is a joint enterprise with the. City administering the construction contract and the State performing the construction engineering; and . WHEREAS, the State will pay the city its share of the costs of the construction and the City will pay the state. its share of the costs of the construction engineering as hereinafter set forth; and WHEREAS, the City has requested reimbursement by the state for the actual costs ($256,538.22) of the design services provided by the City for this construction, and the State will make such reimbursement in a lump sum payment as hereinafter set forth; and WHEREAS, the City has requested reimbursement by the state for the right-of-way acquisition costs ($62,270.00) incurred by the City for the State cost participation construction, and the state will make such reimbursement in a lump sum payment as nereinafter set forth; and . WHEREAS, maintenance for the traffic control: signal system to be constructed hereunder is covered under Agreement No. 81210 between the State and the City; and WHEREAS, Minnesota Statutes section 161.20, subdivision 2 authorizes the Commissioner of Transportation to make arrangements with and cooperate with any governmental authority for the purposes of constructing, maintaining and improving the trunk highway system. 2 81025 IT IS, THEREFORE, MUTUALLY AGREED AS FOLLOWS: ARTICLE I - ADMINISTRATION AND CONSTRUCTION i section A. Contract Award The City shall receive bids and award a construction contract to the lowest responsible bidder, subject to concurrence by the state in that award, in accordance .with state-approved City plans, specifications and special provisions designated as state Project No. 1008-58 (T.H. 41=12) and state Aid Project No. 216-010-04, which are on file in the office of the City's Engineer, and are made a part hereof by reference with the same force and effect as though fully . set forth herein. section B. Documents to be Furnished to the State The city shall, within 7 days of opening bids for the construction contract, submit to the state's state Aid Agreements Engineer at Roseville a copy of the low bid and an abstract of all bids together with the city's request for concurrence by the state in the award of i the construction contract. The City shall n9t award the construction contract until the state advises the city in!writing of its concurrence therein. . section C. Cancellation of Agreement Each party to this Agreement reserves the right to withdraw from and cancel this Agreement within 30 days after the opening of bids if either party determines any or all bids to be unsatisfactory. withdrawal from or cancellation of the Agreement shall be accomplished by either party serving a written notice thereof upon the other. section D. sucervision of Construction The contract construction shall be under the: supervision of the city; however, the City shall utilize the services'of a registered professional engineer to be furnished by the state as provided in Article II, section A. of this Agreement. T~e City shall give the State Aid Agreements Engineer five days notice of its intention to 3 81025 start the contract construction. . section E. completion of Construction The City shall cause the contract construction to be started and completed in accordance with the time schedu+e in the construction contract special provisions. The completionidate for the contract construction may be extended, by an exchange! of letters between the appropriate City official and the state's Metropolitan Division Engineer at Roseville or his authorized reprTsentative, for unavoidable delays encountered in the performance thereof. section F. Plan Chanqes and Additional Construction The City shall make changes in the plans for the contract construction which are necessary to cause the state cost participation construction to be performed and completed in a satisfactory manner. Such changes shall be made only after the City receives written approval from the State Division Engineer's authorized representative. ~ The City shall enter into any necessary addenda, change orders and supplemental agreements with it's contractor which are necessary to cause the contract construction to be performed and completed in a satisfactory manner. However, addenda, change orders and supplemental agreements for State cost parti9ipation construction covered under this Agreement must be approve~ in writing by the City, and must be approved in writing by the state's engineer furnished in accordance with Article II, section A. of this A~reement before paYment is made by the State therefor. ~ section G. ComDliance with Laws, Ordinances and Requlations Each party shall, in their connection with the award and administration of the construction contract and the performance of the contract construction, comply and cause the City's contractor to comply with all Federal, State and Local laws, and all applicable ordinances and regulations. section H. Riqht-of-Way, Easements and Permits 4 . . 81025 The City shall, without cost or expense to the state except as provided in Article III, section F. of this Agreement, obtain all rights-of-way, easements, construction permits and any other permits and sanctions that may be required in connection with the contract construction. Prior to advance payment by the State, the City shall furnish the State with certified copies of the documents for those rights-of-way and easements, and certified copies of those construction permits and other permits and sanctions required for State cost participation construction covered under this Agreement. ARTICLE II - CONSTRUCTION ENGINEERING Section A. State Furnished Enqineerinq Services The State shall furnish a registered professional engineer for the construction engineering to be performed in connection with the contract construction. The State's engineer shall actively supervise and direct all construction engineering, surveying, staking, inspection, testing and associated documentation as required for the contract construction. The State shall also furnish other personnel, services, supplies and equipment as shall be necessary to properly carry out its construction engineering responsibilities. The contract construction shall be performed in accordance with State-approved City plans, specifications and special provisions. The control of materials for the contract construction shall be carried out in accordance with Specifications No. 1601 through and including No. 1609 as set forth in the State's current "Standard Specifications for Construction". The State's engineer may make minor changes in the contract construction which are reasonably necessary, advantageous, or desirable to cause the contract construction to be in all things performed and completed in a satisfactory manner. All change orders and supplemental agreements ~equired to implement such changes to the contract construction shall be negotiated and prepared by the State's engineer and submitted to the City for execution in accordance with 5 81025 Article I, Section F. of this Agreement. section B. Partial and Final Estimates of Construction At regular intervals during the contract construction, the state shall prepare and certify partial cost estimates for completed contract construction in accordance with the terms of the construption contract. The state shall also prepare the final estimate data for the contract construction. Immediately after the preparation of each partial and final estimate, the state shall submit the estimate to the city. Quantities listed on the partial and final estimates shall be documented in accordance with the guidelines set forth in the applicable documentation manual. The City shall make all payments to the contractor for completed certified contract construction. ARTICLE III - BASIS OF PAYMENT BY THE STATE section A. SCHEDULE III" and EXHIBIT "All A preliminary SCHEDULE "I" and color-coded EXHIBIT "A" are attached hereto and made a part hereof by reference. The Preliminary SCHEDULE "I" includes all anticipated state cost participation construction items and the State's design services and right-of-way acquisition costs covered under this Agreement, and is based on engineer's estimated unit prices. 'EXHIBIT "A" shows all anticipated City cost participation construction covered under this Agreement. Section B. State Cost Partici~ation Construction The State shall, at the percentage indicated, participate in the following construction to be performed upon and along Trunk Highway No. 41 from approximately 700 meters south of Trunk Highway No. 7 to Trunk Highway NO.7, and upon, along and adjacent to Trunk Highway No. 7 from approximately 100 meters west of Trunk Highway No. 41 to approximately 300 meters east of Trunk Highway No. 41 under state Project No. 1008-58 (T.H. 41=12). The construction includes the State's proportionate share of item costs for construction surveying, mobilization, field office, field laboratory and traffic control. 1. 100 Percent shall be the State's rate of cost participation in all of the following construction which includes, but is not 6 . . : 81025 limited to, those construction items listed on Sheets No.2, No.3, No.4 and No.5 of the attached Preliminary SCHEDULE "I": a. All of the Trunk Highways No. 41 and No. 7 roadway construction as shown in dark blue on the attached EXHIBIT "A". b. All of the storm sewer construction as shown in black on the attached EXHIBIT "A". . c. All of the Salvage Signal System and Temporary Signal System. 2. 80 Percent shall be the State's rate of cost participation in all of the Lake Linden Drive construction as shown in yellow on the attached EXHIBIT "A." The construction includes, but is not limited to, those construction items listed on Sheets No. 6 and No.7 of the attached Preliminary SCHEDULE "I". 3. 75 Percent shall be the State's rate of cost participation in all of the Traffic Control Signal System construction as shown in red . on the attached EXHIBIT "A." The construction includes, but is not limited to, those construction items listed on Sheet No. 8 of the attached Preliminary SCHEDULE "I". 4. 66 Percent shall be the State's rate of cost participation in all of the storm sewer construction as shown in red and all of the pond construction as shown in light blue on the attached EXHIBIT "A." The construction includes, but is not limited to, those construction items listed on Sheets No. 9 and No. 10 of the attached Preliminary SCHEDULE "r". section C. Addenda, Chanqe Orders and su~plemental Agreements 7 81025 The state shall share in the costs of construction contract addenda, change orders and supplemental agreements which are necessary to complete the state cost participation construction covered under this Agreement and which have been approved in writing by the state Division Engineer's authorized representative. section D. Liquidated Damages All liquidated damages assessed the City's contractor in connection with the construction contract shall result in a credit shared by the state and the city in the same proportion as their total construction cost share covered under this Agreement is to the total contract construction cost before any deduction for liquidated damages. . section E. Design services Costs Payment by the state shall include the lump sum amount of $256,538.22 as the state's total share of the design services costs incurred by the city in connection with the plan preparation for the state cost participation construction. section F. Right-of-wav Acquisition Costs PaYment by the state shall include the lump sum amount of $62,270.00 as the state's total share of the right-of-way acquisition costs incurred by the City in connection with the state cost participation . construction. ARTICLE IV - PAYMENT BY THE STATE section A. Estimate and Advancement of the State's Cost Share It is estimated that the state's share of the costs of the contract construction plus the design services costs and the right-of-way acquisition costs, and a $100,000.00 contingency amount is the sum of $2,039,863.93 as shown in the attached Preliminary SCHEDULE "I". The attached Preliminary SCHEDULE "I" was prepared using estimated unit prices. Upon receipt and review of the construction contract bid documents described in Article I, section B. of this Agreement, the State shall then decide whether to concur in the city's award of the 8 81025 construction contract and, if so, prepare a Revised SCHEDULE "I" based on construction contract unit prices. The contingency amount is provided to cover overruns of the plans estimated quantities of state cost participation construction and state-approved additional construction. After the following conditions have been met, the State shall advance to the city the state's total estimated construction cost share plus the design services costs and the right-of-way acquisition costs, but not the contingency amount, as shown in the Revised SCHEDULE "I": ~ 1. Encumbrance by the State of the state's total estimated construction cost share plus the design services costs and the right-of-way acquisition costs, and the contingency amount, as shown in the Revised SCHEDULE "I". 2. Receipt by the state from the City of certified documentation for all of the right-of-way and easement acquisition required for State cost participation construction covered under this Agreement, and the approval of that documentation by the state's Land Management Director at st. Paul. ~ 3. Execution and approval of this Agreement and the State's transmittal of same to the City along with a copy of the Revised SCHEDULE "I" and a letter advising the city of the state's concurrence in the award of the construction contract. 4. Receipt by the State of a written request from the City for the advancement of funds. The request shall include certification by the city that the construction contract has been executed by all necessary parties. section B. construction Costs Exceeding Encumbered Amount 9 81025 Whenever it appears the cost of the state participation construction covered under this Agreement is about to exceed the current amount of encumbered state funds, the state's engineer supervising the contract construction shall notify the state Division Engineer's authorized representative and the City in writing prior to performance of the additional state cost participation construc~ion. Notification shall include an estimate in the amount of additional funds necessary to complete the state cost participation construction and the reason(s) why the current amount encumbered will be exceeded. The state shall, upon its approval of the additional state cost participation construction, encumber the necessary additional funds. That action will have the effect of amending this Agreement so as to include the state's share of the costs of the additional construction. Should additional contract construction be performed which would otherwise qualify for State cost participation covered under this Agreement, but for which the State has not previously encumbered funds, the State's engineer supervising the contract construction shall notify the State Division Engineer's authorized representative and the City in writing of the additional state cost participation construction. Notification shall include an estimate in the amount of additional funds necessary to. cover the additional state cost participation construction and the reason(s) why the current amount encumbered was exceeded. That notification along with a request for encumbrance of the necessary additional funds shall be submitted to the State's Budget section for review of compliance with Minnesota statutes section 16A.15, subdivision 3, but no guarantee is made that the request for encumbrance of the necessary additional funds will be approved by the state's Budget section. If the request is approved by the State's Budget Section, that action will have the effect of amending this Agreement so as to include the State's share of the costs of the additional construction. section C. Records Keepinq and Invoicinq bv the City 10 . . 81025 The state shall provide the City with a Payment Processing Package containing a Modified SCHEDULE "I" form, instructions, and samples of documents for processing final payment of the State participation construction cost covered under this Agreement. The city shall keep records and accounts that enable it to provide the State with the following prior to final payment by the State: 1. A copy of the Modified SCHEDULE "I" which includes final quantities of State cost participation construction. . 2. A copy of the final partial payment estimate covering all contract construction. 3. A copy of the endorsed and canceled City warrant or check paying for final contract construction, or computer documentation of the warrant issued certified by an appropriate City official that final construction contract payment has been made. 4. Copies of all construction contract change orders and supplemental agreements. . 5. A certification form attached to a copy of the Final SCHEDULE "I", both of which shall be provided by the State. The certification form shall be signed by the engineer in charge of the contract construction attesting to the following: a. Satisfactory performance and complet~on of all contract construction in accordance with State-approved City plans, specifications and special provisions. b. Acceptance and approval of all materials furnished for the State cost participation construction covered under this Agreement relative to compliance of those materials to the State's current "Standard Specifications for Construction". c. Full payment by the City to its contractor for all contract 11 81025 construction. 6. A copy of the lias built" plan sent to the state Aid Agreements Engineer. 7. A formal invoice (original and signed) in the amount due the City as shown in the Final SCHEDULE "I". section D. Final Payment bv the State Upon completion of all contract construction, the state shall prepare a Final SCHEDULE "1" and submit a copy to the city. The Final SCHEDULE "I" shall be based on final quantities, and include all State cost participation construction items plus the design services costs and the right-of-way acquisition costs covered under this Agreement. If the final cost of the State p~rticipation covered under this Agreement exceeds the amount of funds advanced by the State, the State shall promptly pay the difference to the City without interest. If the final cost of the State participation covered under this Agreement is less than the amount of funds advanced by the State, the City shall promptly return the balance to the State without interest. Procedures relevant to preparation of the Final SCHEDULE "I" and final payment of the State participation cost covered under this Agreement are detailed in the Payment Processing Package, which the State shall furnish the City. . . Pursuant to Minnesota Statutes Section 15.415, the City waives claim for any amounts less than $5.00 over the amount of State funds previously advanced to the City, and the State waives claim for the return of any amounts less than $5.00 of those funds advanced by the State. ARTICLE V - BASIS OF PAYMENT BY THE CITY Section A. SCHEDULE "I" and EXHIBIT "A" 12 81025 The Preliminary SCHEDULE "I" includes all anticipated city cost participation construction items and the City's construction engineering cost share covered under this Agreement. EXHIBIT "A" shows all anticipated city cost participatio~ construction covered under this Agreement. . section B. city Cost Construction Enqineering As the City's full and complete share of the construction engineering costs incurred by the State, the City shall pay to the State an amount equal to 6 percent of the percentage indicated for the following City cost construction to be performed upon, along and adjacent to Lake Linden Drive from the beginning of construction to Trunk Highway No.7, and upon, along and adjacent to Trunk Highway No. 7 from approximately 100 meters west of Trunk Highway No. 41 to approximately 300 meters east of Trunk Highway No. 41 under State Aid Project No. 216-010-04. The construction includes the City's proportionate share of item costs for construction surveying, mobilization, field office, field laboratory and traffic control. . 1. 20 Percent shall be the city's rate of cost participation in all of the Lake Linden Drive construction as shown in yellow on the attached EXHIBIT "A." The construction includes, but is not limited to, those construction items listed on Sheets No. 6 and No.7 of the attached Preliminary SCHEDULE "I". 2. 25 Percent shall be the City's rate of cost participation in all of the Traffic Control Signal System construction as shown in red on the attached EXHIBIT "A." The construction includes, but is not limited to, those construction items listed on Sheet No. 8 of the attached Preliminary SCHEDULE "I". 3. 34 Percent shall be the city's rate of cost participation in all of the storm sewer construction as shown in red and all of the pond construction as shown in light blue on the attached 13 81025 EXHIBIT "A." The construction includes, but is not limited to, those construction items listed on Sheets No. 9 and No. 10 of the attached Preliminary SCHEDULE "I". section C. Addenda, Change Orders and Supplemental Aqreements The City shall share in the costs of construction contract addenda, change orders and supplemental agreements which are necessary to complete the City cost participation construction covered under this Agreement. section D. Liquidated Damaqes All liquidated damages assessed the City's contractor in connection with the construction contract shall result in a credit shared by the State and the city in the same proportion as their total construction cost share covered under this Agreement is to the total contract construction cost before any deduction for liquidated damages. . ARTICLE VI - PAYMENT BY THE CITY section A. Estimate and Advancement of the city's Cost Share It is estimated that the City's share of the costs of the construction engineering to be performed in connection with the contract construction is the sum of $10,867.27 as shown in the attached Preliminary SCHEDULE "I". The attached Preliminary SCHEDULE "I" lists all of the anticipated City cost participation construction items and was prepared using plan quantities and estimated unit prices. The State shall prepare a Revised SCHEDULE "I" in accordance with Article IV, section A. of this Agreement. . After the following conditions have been met, the City shall advance to the Commissioner of Transportation the city's total estimated construction engineering cost share as shown in the Revised SCHEDULE "I": 1. Execution and approval of this Agreement and the State's transmittal of same to the city along with a copy of the Revised SCHEDULE "I". 14 81025 2. Receipt by the City of a written request from the state for the advancement of funds. . Section B. Final PaYment by the city Upon completion of the contract construction and upon the City furnishing the state with final quantity and cost documentation for the contract construction in accordance with Article IV, section C. of this Agreement, the State shall prepare a Final SCHEDULE "I" and submit a copy to the City. The Final SCHEDULE "I" shall include all City cost participation construction items and the City's total construction engineering cost share covered under this Agreement. If the final cost of the City construction engineering covered under this Agreement exceeds the amount of funds advanced by the City, the City shall, upon receipt of a request from the state, promptly pay the difference to the State without interest~ If the final cost of the city construction engineering covered under this Agreement is less than the amount of funds advanced by the City, the State shall promptly return the balance to the city without interest. Pursuant to Minnesota Statutes section 15.415, the State waives claim for any amounts less than $5.00 over the amount of City funds . previously advanced to the State, and the City waives claim for the return of any amounts less than $5.00 of those funds advanced by the City. ARTICLE VII - GENERAL PROVISIONS section A. Replacement of castinqs The City shall furnish its contractor with new castings and parts for all inplace City-owned facilities constructed hereunder when replacements are required, without cost or expense to the State. section B. Maintenance bY the City 15 81025 Upon satisfactory completion of the Lake Linden Drive construction to be performed under the construction contract, the City shall provide for the proper maintenance of the roadway and all of the facilities a part thereof, without cost or expense to the'State. Maintenance shall include, but not be limited to, snow, ice and debris removal, resurfacing and seal coating and any other m~intenance activities necessary to perpetuate the roadway in a safe and usable condition. Upon satisfactory completion of the Lake Linden Drive storm sewer facilities construction to be performed under the construction contract, the City shall provide for the proper maintenance of those facilities, without cost or expense to the state. . Upon satisfactory completion of the Lake Linden Drive walkways construction to be performed under the construction contract, the City shall provide for the proper maintenance of the walkways, without'cost or expense to the state. Maintenance shall include, but not be limited to, snow, ice and debris remoyal and any other maintenance activities necessary to perpetuate the walkways in a safe and usable condition. section C. Additional Drainage Neither party to this Agreement shall drain any additional drainage . into the storm sewer facilities to be constructed under the construction contract, that was not included in the drainage for which the storm sewer facilities were designed, without first obtaining permission to do so from the other party. The drainage areas served by the storm sewer facilities constructed under the construction contract are shown in a drainage area map, EXHIBIT "Drainage Area", which is on file in the office of the state's Division Hydraulics unit at Roseville and is made a part hereof by reference with the same force and effect as though fully set forth herein. section D. Examination of Books, Records, Etc. As provided by Minnesota statutes section 16C.05, subdivision 5, the 16 ~ 81025 books, records, documents, and accounting procedures and practices of each party relevant to this Agreement are subject to examination by each party, and either the legislative auditor or the state auditor as appropriate, for a minimum of six years from final paYment. ~ section E. Claims Each party is responsible for its own employ~es for any claims arising under the Workers Compensation Act. !Each party is responsible for its own acts, omissions and the results thereof to the extent authorized by law and will not be responsible for the acts and omissions of others and the results thereof. Liability of the state is governed by Minnesota statutes section 3.736 and other applicable law. Liability of the city is governed by Minnesota statutes chapter 466 and other applicable law. section F. Nondiscrimination The provisions of Minnesota statutes section 181.59 and of any applicable law relating to civil rights and discrimination shall be considered part of this Agreement as if fully set forth herein. Section G. Aqreement Approval Before this Agreement shall become binding and effective, it shall be ~ approved by a City council resolution and regeive approval of state and city officers as the law may provide in ~ddition to the Commissioner of Transportation or his authorized representative. ARTICLE VIII - AUTHORIZED AGENTS The State's Authorized Agent for the purpose of the administration of this Agreement is Maryanne Kelly-Sonnek, Municipal Agreements Engineer, or her successor. _ Her current address and phone number are 395 John Ireland Boulevard, Mailstop 682, st. Paul, MN 55155, (651) 296-0969. The City's Authorized Agent for the purpose of the administration of this Agreement is Larry Brown, City Engineer, or his successor. His current address and phone number are 5755 Country Club Road, 17 81025 Shorewood, MN 55331-8926, 952-474-3236. 18 . . : 81025 IN TESTIMONY WHEREOF the parties have executed this Agreement by their authorized officers. STATE ENCUMBRANCE VERIFICATION Individual certifies that funds have been encumbered as required by Minn. Stat. ~~ 16A.15 and 16C.05. DEPARTMENT OF TRANSPORTATION Recommended for approval: By Division Engineer By Approved: Date By State Design Engineer MAPS Encumbrance No. . CITY OF SHOREWOOD Date COMMISSIONER OF ADMINISTRATION As delegated to Materials Management Division By Mayor By Date Date By OFFICE OF THE ATTORNEY GENERAL Approved as to form and execution: Title eoate By Date ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ This Agreement was acknowledged before me this day of , 2001, by and (Name) (Name) the Mayor and of the City of Shorewood. (Title) Notary Public .< ~~",. ''''''"'' ~".."'.. ";..: ".",. (..;~ . ',,:~." . ~..>..~.. ~,~jI' ..... ~::-r My Commission Expires 19 ~;ga:C;[fl\llNA.RYS(Q.t).~f'll' A.gl:'~elllent N9.~~g~~ .. ". €litv.Qt'ShQiteW'ijqtl. ..... ....... .... .... .... S.P. 1008-58 (T.H. 41=12) Preliminary: May 3, 2001 SAP. 216-010-04 . c.P. 98-05 State Funds Intersection improvement and frontage road construction performed under City contract with located at the intersection ofT.H. 41, T.H. 7 and Lake Linden Drive in Shorewood and Chanhassen ..... ......... ..' sm:l\\mE.A.NQ';:€I'lJ:Y:€~Sm;i!~Rtt1I€lJl:l\\mt@N '. .............<............ ........... .' State Cost City Cost S.P.I008-58 S.A.P.216-010-04 From Sheet No. 5 1,141,158.20 From Sheet No. 7 160,727.04 40,181.76 From Sheet No. 8 129,150.00 43,050.00 From Sheet No. 10 190,020.47 97,889.33 Subtotal for State Construction $1,621,055.71 (1) State Design Services Costs 256,538.22 (2) State RiJ!;ht-of-Way Acquisition Costs 62,270.00 (3) Total State Cost (Amount Pavable) .....,: (4) Contingency Amount 100,000.00 Encumbered Amount .......j.....,.: Total City Construction Costs $181,121.09 (5) City Construction Enl!ineerinl! 6% (Amount Receivable) ,<,....... (1) See Article III, Section E. of the AJ!;reement (2) See Article III, Section F. of the Agreement (3) Amount of advance payment by the State as described in Article IV, Section A. of the Agreement (4) For the State's use only as described in Article IV, Section A. of the Agreement (5) Amount of advance payment by the City as described in Article VI, Section A. of the A1!reement . - 1 - . . . . (1) 100% STATE 81025 (P) PLAN OUANTITY . ITEM ," S.P. 1008-58 UNIT QI.JANr.tf1iY UNI'tPJUCE: CUIST NUMBER T.II. 41 AND"r.t.H. 7 R0AJ)WAY AND.ST0RMSEWERWOR:Kl'J1l1ilVIS (l) 2011.601 CONSTRUCTION SURVEYING LUMP SUM 0.63 35,000.00 22,050.00 2021.501 MOBILIZATION LUMP SUM 0.63 86,000.00 54,180.00 2031.501 FIELD OFFICE TYPE D MODIFIED EACH 0.63 5,500.00 3,465.00 2031.503 FIELD LABORATORY TYPE D EACH 0.63 3,500.00 2,205.00 2021.501 CLEARING ha 0.04 5,000.00 200.00 2021.502 CLEARING TREE 20.00 150.00 3,000.00 2021.506 GRUBBING ha 0.04 5,000.00 200.00 2021.507 GRUBBING TREE 20.00 150.00 3,000.00 2102.502 PAVEMENT MARKING REMOVAL TEMPORARY m 700.00 1.40 980.00 2102.502 PAVEMENT MARKING REMOVAL PERMANENT m 1,400.00 1.50 2,100.00 2104.501 REMOVE CONCRETE CULVERT m 27.00 25.00 675.00 2104.501 REMOVE METAL CULVERT m 111.00 20.00 2,220.00 2104.501 REMOVE CURB AND GUTTER m 204.00 7.00 1,428.00 2104.503 REMOVE CONCRETE MEDIAN m2 55.00 10.00 550.00 2104.503 REMOVE BITUMINOUS PAVEMENT m2 8,830.00 1.80 15,894.00 2104.509 REMOVE CONCRETE APRON EACH 8.00 140.00 1,120.00 2104.509 REMOVE METAL APRON EACH 10.00 55.00 550.00 2104.509 REMOVE CATCH BASIN EACH 4.00 200.00 800.00 - 2104.513 SA WING BITUMINOUS PAVEMENT (FULL DEPTH) m 1,485.00 8.50 12,622.50 2104.523 SALVAGE CONCRETE APRON EACH 1.00 150.00 150.00 2104.523 SALVAGE SIGN TYPE C EACH 73.00 20.00 1,460.00 2104.523 SALVAGE SIGN TYPE D EACH 15.00 48.00 720.00 2104.523 SALVAGE SIGN TYPE SPECIAL EACH 2.00 48.00 96.00 2104.525 ABANDON CULVERT EACH 2.00 1,000.00 2,000.00 2105.501 COMMON EXCAVATION (P) m3 9,505.00 6.00 57,030.00 2105.507 SUBGRADE EXCA V A TION (P) m3 6,029.00 5.00 30,145.00 2105.522 SELECT GRANULAR BORROW (CV) m3 9,432.00 8.00 75,456.00 2105.525 TOPSOIL BORROW (LV) m3 2,212.00 11.00 24,332.00 2211.503 AGGREGATE BASE (CV) CLASS 5 m3 2,620.00 15.00 39,300.00 2232.501 MILL BITUMINOUS SURFACE (50 mm) m2 7,020.00 1.00 7,020.00 2350.609 TYPE LV 4 WEARING COURSE MIXTURE t 285.00 28.00 7,980.00 2350.609 TYPE LV 3 NON WEARING COURSE MIXTURE t 300.00 25.00 7,500.00 2357.502 BITUMINOUS MATERIAL FOR TACK COAT L 23,200.00 0.30 6,960.00 2360.609 TYPE SP 9.5 WEARING COURSE MIXTURE (4.E) t 5,520.00 32.50 179,400.00 2360.609 TYPE SP 12.5 NON WEARING COURSE MIXTURE (4.B) t 4,750.00 32.50 154,375.00 (1) 100% STATE - 2- ITEM S.P.~ UNIT QUAN'fl'fY UNIT PRICE C0ST NUMBER T.H. 41 AND 'f.n. '1 ROADWAY Ahl SEWER WC>'RKt'fEMS (l) 2501.511 375 mm CM PIPE CULVERT m 20.80 55.00 1,144.00 2501.511 900 mm CM PIPE CULVERT m 2.00 110.00 220.00 2501.515 300 mm RC PIPE APRON EACH 1.00 450.00 450.00 2501.515 375 mm CM PIPE APRON EACH 2.00 250.00 500.00 2501.515 375 mm RC PIPE APRON EACH 3.00 460.00 1,380.00 2501.515 450 mm RC PIPE APRON EACH 1.00 500.00 500.00 2501.515 900 mm RC PIPE APRON EACH 1.00 1,000.00 1,000.00 2501.573 INSTALL CONCRETE APRON EACH 1.00 350.00 350.00 2501.602 PLUG AND ABANDON PIPE CULVERT EACH 2.00 800.00 1,600.00 2501.602 SAFETY GRATE FOR 900 mm RC APRON EACH 1.00 700.00 700.00 2501.602 TRASH GUARD FOR 750 mm APRON EACH 1.00 650.00 650.00 2503.511 375 mm PVC PIPE SEWER m 18.30 112.00 2,049.60 2503.541 300 mm RC PIPE SEWER DESIGN 3006 m 249.20 75.00 18,690.00 2503.541 375 mm RC PIPE SEWER DESIGN 3006 m 297.90 79.00 23,534.10 2503.541 450 mm RC PIPE SEWER DESIGN 3006 m 75.60 86.00 6,501.60 2503.541 750 mm RC PIPE SEWER DESIGN 3006 m 19.10 150.00 2,865.00 2503.603 375 mm PVC SLOTTED DRAIN m 15.20 350.00 5,320.00 2504.602 RELOCATE HYDRANT AND VALVE EACH 2.00 1,000.00 2,000.00 2506.501 CONSTRUCT DRAINAGE STRUCTURE DESIGN F m 20.50 515.00 10,557.50 2506.501 CONSTRUCT DRAINAGE STRUCTURE DESIGN G m 24.60 525.00 12,915.00 2506.501 CONSTRUCT DRAINAGE STRUCTURE DESIGN 1350 mm 4020 m 3.10 745.00 2,309.50 2506.501 CONSTRUCT DRAINAGE STRUCTURE DESIGN 1500 mm 4020 m 1.60 825.00 1,320.00 2506.501 CONSTRUCT DRAINAGE STRUCTURE DESIGN 1650 mm 4020 m 2.20 1,010.00 2,222.00 2506.516 CASTING ASSEMBLY EACH 33.00 335.00 11,055.00 2511.501 RANDOM RIPRAP CLASS III m3 14.00 65.00 910.00 2511.501 RANDOM RIPRAP CLASS IV m3 6.00 75.00 450.00 2511.515 GEOTEXTILE FILTER TYPE IV m2 41.20 3.00 123.60 2521.501 100 mm CONCRETE WALK m2 410.00 25.00 10,250.00 2521.501 150 mm CONCRETE WALK m2 85.00 40.00 3,400.00 2531.501 CONCRETE CURB AND GUTTER DESIGN B424 m 1,020.00 30.00 30,600.00 2531.501 CONCRETE CURB AND GUTTER DESIGN B618 m 340.00 25.00 8,500.00 2531.503 CONCRETE MEDIAN m2 180.00 35.00 6,300.00 2531.602 CONCRETE ENTRANCE NOSE DESIGN 7113 EACH 5.00 450.00 2,250.00 (1) 100% STATE . . - 3 - . . . . . . ITEM SiJ?Z:tOO8.58 UNIT QuANTITY.. .. uNITPRtCE COST NUMBER T.H. 41 AND T.H. 7ROADWAYANDSTORMSEWERMlORKJfI"ElMS (n 2533.603 RELOCATE CONCRETE MEDIAN BARRIER m 290.00 20.00 5,800.00 2533.603 CONCRETE MEDIAN BARRIER DESIGN 8337 m 270.00 30.00 8,100.00 2540.602 MAIL BOX SUPPORT EACH 3.00 150.00 450.00 2545.602 RELOCATE LIGHTING UNIT EACH 2.00 1,000.00 2,000.00 2554.509 GUIDE POST TYPE B EACH 7.00 30.00 210.00 2554.602 IMPACT ATTENUATORBARREL EACH 48.00 275.00 13,200.00 2554.602 RELOCATE IMPACT ATTENUATOR BARREL EACH 48.00 75.00 3,600.00 2563.601 TRAFFIC CONTROL LUMP SUM 0.63 27,000.00 17,010.00 2563.602 RAISED PAVEMENT MARKER TEMPORARY EACH 300.00 1.50 450.00 2563.602 MEDIAN BARRIER DELINEATOR EACH 25.00 3.50 87.50 2564.531 SIGN PANEL TYPE C m2 43.52 275.00 11,968.00 2564.531 SIGN PANEL TYPE D m2 18.67 250.00 4,667.50 2564.537 INSTALL SIGN TYPE C EACH 1.00 110.00 110.00 2564.537 INSTALL SIGN TYPE SPECIAL EACH 2.00 550.00 1,100.00 2564.602 PAVEMENT MESSAGE (LEFT ARROW) PAINT EACH 14.00 50.00 700.00 2564.602 PAVEMENT MESSAGE (RIGHT ARROW) PAINT EACH 12.00 50.00 600.00 2564.602 PAVEMENT MESSAGE (LEFT ARROW) POLY PREFORM EACH 14.00 200.00 2,800.00 2564.602 PAVEMENT MESSAGE (RIGHT ARROW) POLY PREFORM EACH 12.00 200.00 2,400.00 2564.603 100 mm SOLID LINE WHITE - PAINT m 3,843.00 0.25 960.75 2564.603 200 mm SOLID LINE WHITE - PAINT m 50.00 0.75 37.50 2564.603 600 mm SOLID LINE WHITE - PAINT m 65.00 11.00 715.00 2564.603 100 mm BROKEN LINE WHITE - PAINT m 705.00 0.40 282.00 2564.603 200 mm DOTTED LINE WHITE - PAINT m 40.00 1.00 40.00 2564.603 100 mm SOLID LINE YELLOW - PAINT m 1,420.00 0.30 426.00 2564.603 100 mm DOUBLE SOLID LINE YELLOW - PAINT m 815.00 0.50 407.50 2564.603 600 rom SOLID LINE YELLOW - PAINT m 145.00 6.25 906.25 2564.603 100 rom SOLID LINE WHITE - POLY PREFORM m 1,150.00 7.00 8,050.00 2564.603 100 mm BROKEN LINE WHITE - POLY PREFORM m 705.00 7.00 4,935.00 2564.603 200 mm DOTTED LINE WHITE - POLY PREFORM m 40.00 16.00 640.00 2564.603 100 mm SOLID LINE YELLOW - POLY PREFORM m 1,420.00 7.00 9,940.00 2564.603 100 mm DOUBLE SOLID LINE YELLOW - POLY PREFORM m 815.00 12.00 9,780.00 2564.603 600 rom SOLID LINE YELLOW - POLY PREFORM m 145.00 60.00 8,700.00 2564.603 100 mm SOLID LINE WHITE - EPOXY m 2,693.00 1.00 2,693.00 2564.603 200 mm SOLID LINE WHITE - EPOXY m 50.00 4.00 200.00 2564.603 600 mm SOLID LINE WHITE - EPOXY m 65.00 25.00 1,625.00 -4- ITEM S.P.I008.S8 ..... ........ UNIT Ql1ANTITY UNITPR1€E COST ..' NUMBER . T.H.41 AND T.H. 7 ROADWAY AND.srnORMSEWERWORK ITEMS (1) .' 2564.604 ZEBRA CROSSWALK WHITE - POLY PREFORM m2 70.00 50.00 3,500.00 2564.604 ZEBRA CROSSWALK WHITE - PAINT m2 70.00 18.00 1,260.00 2565.601 SALVAGE SIGNAL SYSTEM LUMP SUM 1.00 5,000.00 5,000.00 2565.616 TEMPORARY SIGNAL SYSTEM SYSTEM 1.00 80,000.00 80,000.00 2571.602 TREE PROTECTION TYPE I EACH 6.00 100.00 600.00 2571.610 TREE PRUNING HOURS 6.00 75.00 450.00 2573.502 SILT FENCE TYPE HEAVY DUTY m 625.00 7.00 4,375.00 2573.603 SILT FENCE TYPE MACHINE SLICED m 595.00 7.00 4,165.00 2575.501 SEEDING ha . 2.00 220.00 440.00 2575.502 SEED MIXTURE 25A (MODIFIED) kg 13.00 45.00 585.00 2575.502 SEED MIXTURE 60A (MODIFIED) kg 187.00 6.00 1,122.00 2575.505 SODDING TYPE SALT RESIST ANT m2 5,440.00 3.00 16,320.00 2575.511 MULCH MATERIAL TYPE I t 9.00 120.00 1,080.00 2575.51 I MULCH MATERIAL TYPE 2 LUMP SUM 756.00 0.30 226.80 2575.519 DISK ANCHORING ha 2.00 160.00 320.00 2575.532 COMMERCIAL FERTILIZER ANALYSIS 22-5-10 kg 444.00 0.75 333.00 2580.603 INTERIM PAVEMENT MARKING m 4,020.00 0.50 2,010.00 TOTAL $1,141,158.20 . ~;t~;tQII~. s~r.Mf:E. '.. $1,1.4:t~:[58;~Q ... .. . . (2) 80% ST ATE - 20% CITY (P) PLAN QUANTITY . - 5 - . . ITEM S.P.I008-58~naiS:A. 6.010~O4 T QUANTITY UNIT PRICE COST FRONTAGE ROAD ANDLAKELINDJ!jNDRIVE ROADWAYW0RKITEMS (2) . NUMBER . 2011.601 CONSTRUCTION SURVEYING LUMP SUM 0.11 35,000.00 3,850.00 2021.501 MOBILlZA TION LUMP SUM 0.11 86,000.00 9,460;00 2031.501 FIELD OFFICE TYPE D MODIFIED EACH 0.11 5,500.00 605.00 2031.503 FIELD LABORATORY TYPE D EACH 0.11 3,500.00 385.00 2021.502 CLEARING TREE 14.00 150.00 2,100.00 2021.507 GRUBBING TREE 14.00 150.00 2,100.00 2104.501 REMOVE CONCRETE CULVERT m 184.00 25.00 4,600.00 2104.501 REMOVE CURB AND GUTTER m 184.00 7.00 1,288.00 2104.503 REMOVE CONCRETE MEDIAN m2 200.00 10.00 2,000.00 2104.503 REMOVE BITUMINOUS PAVEMENT m2 3,960.00 1.80 7,128.00 2104.509 REMOVE CONCRETE APRON EACH 9.00 140.00 1,260.00 2104.509 REMOVE MISCELLANEOUS STRUCTURE EACH 1.00 200.00 200.00 2104.513 SA WING BITUMINOUS PAVEMENT (FULL DEPTH) m 230.00 8.50 1,955.00 2104.523 SALVAGE SIGN TYPE C EACH 15.00 20.00 300.00 2104.523 SALVAGE SIGN TYPE D EACH 13.00 48.00 624.00 2105.501 COMMON EXCAVATION (P) m3 60.00 6.00 360.00 2105.507 SUBGRADE EXCA V A TION (P) m3 250.00 5.00 . 1,250.00 2105.522 SELECT GRANULAR BORROW (CV) m3 250.00 8.00 2,000.00 2105.525 TOPSOIL BORROW (LV) m3 28.00 11.00 308.00 2105.604 GEOTEXTILE FABRIC TYPE V m2 6,193.00 1.75 10,837.75 2211.503 AGGREGATE BASE (CV) CLASS 5 m3 655.00 15.00 9,825.00 2350.609 TYPE LV 4 WEARING COURSE MIXTURE t 320.00 28.00 8,960.00 2350.609 TYPE LV 3 NON WEARING COURSE MIXTURE t 770.00 25.00 19,250.00 2357.502 BITUMINOUS MATERIAL FOR TACK COAT L 2,800.00 0.30 840.00 2360.609 TYPE SP 9.5 WEARING COURSE MIXTURE (4.E) t 290.00 32.50 9,425.00 2360.609 TYPE SP 12.5 NON WEARING COURSE MIXTURE (4.B) t 600.00 32.50 19,500.00 2521.501 100 mm CONCRETE WALK m2 70.00 25.00 1,750.00 2531.501 CONCRETE CURB AND GUTTER DESIGN B618 m 1,245.00 25.00 31,125.00 2531.507 200 mm CONCRETE DRIVEWAY PAVEMENT m2 110.00 45.00 4,950.00 2531.602 CONCRETE ENTRANCE NOSE DESIGN 7113 EACH . 1.00 450.00 450.00 2563.601 TRAFFIC CONTROL LUMP SUM 0.11 2J,000.00 2,970.00 2564.531 SIGN PANEL TYPE C m2 10.00 275.00 2,750.00 2564.531 SIGN PANEL TYPE D m2 11.00 250.00 2,750.00 - 6 - ITEM S.P.I008.58~naS.A.p.2:J.6;.Q~ UNIT QI1AiNlmrY. UNIT PRICE COST NUMBER FRONTAGE ROAD ANl>LAIffiLINDENDRIY WORK ITEMS (2) 2564.602 PAVEMENT MESSAGE (LEFT ARROW) POLY PREFORM EACH 1.00 200.00 200.00 2564.602 PAVEMENT MESSAGE (RIGHT ARROW) POLY PREFORM EACH 1.00 200.00 200.00 2564.603 100 mm SOLID LINE WHITE - PAINT m 110.00 0.25 27.50 2564.603 200 mm SOLID LINE WHITE - PAINT m 17.00 0.75 12.75 2564.603 100 mm BROKEN LINE WHITE - PAINT m 10.00 0.40 4.00 2564.603 100 mm SOLID LINE YELLOW - PAINT m 100.00 0.30 30.00 2564.603 100 mm BROKEN LINE YELLOW - PAINT m 64.00 0.20 12.80 2564.603 100 mm SOLID LINE WHITE - POLY PREFORM m 85.00 7.00 595.00 2564.603 100 mm BROKEN LINE WHITE - POLY PREFORM m 10.00 7.00 70.00 2564.603 100 mm SOLID LINE YELLOW - POLY PREFORM m 100.00 7.00 700.00 2564.603 100 mm BROKEN LINE YELLOW - POLY PREFORM m 64.00 7.00 448.00 2564.603 100 mm SOLID LINE WHITE - EPOXY m 25.00 1.00 25.00 2564.603 200 mm SOLID LINE WHITE - EPOXY m 17.00 4.00 68.00 2564.604 CONSTRUCT SIGNS - SPECIAL m2 6.50 200.00 1,300.00 2571.602 TREE PROTECTION TYPE I EACH 1.00 100.00 100.00 2571.610 TREE PRUNING HOURS 2.00 75.00 150.00 2573.502 SILT FENCE TYPE REA VY DUTY m 50.00 7.00 350.00 2575.505 SODDING TYPE SALT RESISTANT m2 9,820.00 3.00 29,460.00 TOTAL $200,908.80 , - i . ............... . . - 7 - . . . . . ITEM S.P. 100 A.P.216-010-04 UNIT QUANTITY UNIT PRICE COST . NUMBER TRAWl WORK ITEMS (3) 2011.601 CONSTRUCTION SURVEYING LUMP SUM 0.10 35,000.00 3,500.00 2021.501 MOBlLIZA TION LUMP SUM 0.10 86,000.00 8,600.00 2031.501 FIELD OFFICE TYPE D MODIFIED EACH 0.10 5,500.00 550.00 2031.503 FIELD LABORATORY TYPE D EACH 0.10 3,500.00 350.00 2563.601 TRAFFIC CONTROL LUMP SUM 0.10 27,000.00 2,700.00 2565.511 FULL TRAFFIC ACTUATED TRAFFIC CONTROL SIGNAL SYSTEM SIG SYS 1.00 156,500.00 156,500.00 TOTAL $172,200.00 ~ ..... ......<.,....... . . . (4) 66% STATE - 34% CITY (P) PLAN QUANTITY - 8 - ITEM S.P. 1008.58 and S.A.P.21(j.01.0-04 UNIT QVANTlTY UNIT PRICE COST NUMBER FRONTAGE ROAD I LAKE LIND'ENI>RIV'E STORM.S'EWER:W:'ORKtTEMS (4) 2011.601 CONSTRUCTION SURVEYING LUMP SUM 0.16 35,000.00 5,600.00 2021.501 MOBILIZATION LUMP SUM 0.16 86,000.00 13,760.00 2031.501 FIELD OFFICE TYPE D MODIFIED EACH 0.16 5,500.00 880.00 2031.503 FIELD LABORATORY TYPED EACH 0.16 3,500.00 560.00 2104.509 REMOVE CATCH BASIN EACH 3.00 200.00 600.00 2105.501 COMMON EXCAVATION (P) m3 1,722.00 6.00 10,332.00 2105.507 SUBGRADE EXCA V A TION (P) m3 2,521.00 5.00 12,605.00 2105.522 SELECT GRANULAR BORROW (CV) m3 2,895.00 8.00 23,160.00 2105.525 TOPSOIL BORROW (LV) m3 1,071.00 11.00 11,781.00 2501.515 300 mm RC PIPE APRON EACH 1.00 450.00 450.00 2501.515 375 mm RC PIPE APRON EACH 2.00 460.00 920.00 2501.515 600 mm RC PIPE APRON EACH 1.00 625.00 625.00 2501.515 900 mm RC PIPE APRON EACH 1.00 1,000.00 1,000.00 2501.602 TRASH GUARD FOR 600 mm APRON EACH 1.00 675.00 675.00 2503.541 300 mm RC PIPE SEWER DESIGN 3006 m 91.40 75.00 6,855.00 2503.541 375 mm RC PIPE SEWER DESIGN 3006 m 76.90 79.00 6,075.10 2503.541 450 mm RC PIPE SEWER DESIGN 3006 m 15.30 86.00 1,315.80 2503.541 525 mm RC PIPE SEWER DESIGN 3006 m 34.90 110.00 3,839.00 2503.541 600 mm RC PIPE SEWER DESIGN 3006 m 135.20 115.00 15,548.00 2503.541 675 mm RC PIPE SEWER DESIGN 3006 ,m 16.90 135.00 2,281.50 2503.541 900 mm RC PIPE SEWER DESIGN 3006 m 7.50 297.60 2,232.00 2503.541 900 mm RC PIPE SEWER DESIGN 3006 CLASS V JACKED m 57.30 1,850.00 106,005.00 2506.501 CONSTRUCT DRAINAGE STRUCTURE DESIGN F m 4.00 515.00 2,060.00 2506.501 CONSTRUCT DRAINAGE STRUCTURE DESIGN G m 1.30 525.00 682.50 2506.501 CONSTRUCT DRAINAGE STRUCTURE DESIGN SPECIAL 1 m 8.50 625.00 5,312.50 2506.501 CONSTRUCT DRAINAGE STRUCTURE DESIGN SPECIAL 2 m 14.60 850.00 12,410.00 2506.501 CONSTRUCT DRAINAGE STRUCTURE DESIGN 1350 mm 4020 m 4.70 745.00 3,501.50 2506.501 CONSTRUCT DRAINAGE STRUCTURE DESIGN 1500 mm 4020 m 1.90 825.00 1,567.50 2506.501 CONSTRUCT DRAINAGE STRUCTURE DESIGN 1650 mm 4020 m 7.80 1,010.00 7,878.00 2506.501 CONSTRUCT DRAINAGE STRUCTURE DESIGN 1800 mm 4020 m 4.00 1,200.00 4,800.00 2506.501 CONSTRUCT DRAINAGE STRUCTURE DESIGN 1950 mm 4020 m 1.40 1,335.00 1,869.00 2506.502 CONSTRUCT DRAINAGE STRUCTURE DESIGN SPECIAL 3 EACH 1.00 3,500.00 3,500.00 2506.516 CASTING ASSEMBLY EACH 26.00 335.00 8,710.00 2506.602 CONSTRUCT CONTROL STRUCTURE EACH. 1.00 3,000.00 3,000.00 . - 9- . . , . , . ITEM S.P. 1008-$8 au.dS.A. ~..OlO~O4 QVANTITY UNIT PRICE COST FRONT AGE ROAD] LAKE LINDEN DRIVESl.'QRM S'E'WER:W:ORI( I'fEl\1S (4) . NUMBER 2511.501 RANDOM RIPRAP CLASS III m3 13.80 65.00 897.00 2511.515 GEOTEXTILE FILTER TYPE IV m2 30.80 3.00 92.40 2554.509 GUIDE POST TYPE B EACH 7.00 30.00 210.00 2563.601 TRAFFIC CONTROL LUMP SUM 0.16 27,000.00 4,320.00 TOTAL $287,909.80 ,. ~ --=: , .... ...... . - 10 - CITY OF SHOREWOOD . , RESOLUTION NO. 01-_ A RESOLUTION AUTHORIZING THE MAYOR AND CITY ADMINISTRATOR TO ENTER INTO A COOPERATIVE AGREMEENT, CITY PROJECT 9805 S.P. 1008-58 (T.H. 41=12) AND S.A.P. 216-010-04 WHEREAS, on May 14, 2001 the City Council of the City of Shorewood adopted Resolution 01-029 which approved Plans, Specifications, and Estimates, and Authorized Advertisement for Bids for Trunk Highway 7 and 41 Reconstruction Project, City Project 9805; and WHEREAS, the Minnesota Department of Transportation has prepared a Cooperative Agreement which outlines the responsibilities and financial obligations for the City of Shorewood and the Minnesota Department of Transportation for said Improvement; and WHEREAS, the City Engineer has reviewed said Cooperative Agreement and found it to be in order. . NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Shorewood, Minnesota: 1. That the Mayor and City Administrator, on behalf of the City of Shorewood, are hereby authorized to enter into Mn/DOT Agreement No. 81025, attached hereto as Exhibit A, with the State of Minnesota, Department of Transportation for the following purposes: a. To provide for payment by the State to the City of the State's share of the costs of the design services, right-of-way acquisition and intersection improvement construction to be performed at the intersection of Trunk Highways No.7 and No. 41 under State Project No. 1008-58 (T.H. 41=12), and . b. To provide for payment by the City to the State of the City's share of the costs of the construction engineering for the intersection improvement construction to be performed at the intersection of Trunk Highways No.7 and No. 41 under State Aid Project No. 216-010-04. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 29th day of May, 2001. WOODY LOVE, MAYOR ATTEST: CRAIG W. DAWSON, CITY CLERK/ADMINISTRATOR '. '.' . . For brevity, Exhibit A to the resolution is the same as Attachment 1 to this report, 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: Honorable Mayor and Members of the City Council , Bonnie Burton, Finance Director/Treasurer ~. Craig Dawson, City Administrator It> DATE: May 23,2001 . FROM: SUBJECT: Presentation of the 2000 Comprehensive Annual Financial Report (CAFR) The Financial Section includes the auditor's report, general-purpose financial statements, combining and individual fund statements, account group statements and schedules, and the notes to the financial statements. This section contains a vast amount of financial information relative to the City's operations during 2000. The notes explain the City's . policies and contain detailed information regarding basis of accounting, budgeting, investing, legal compliance, debt service, fixed assets, pension plans, joint ventures, and segment information for the Enterprise funds. n '.J PRINTED ON RECYCLED PAPER #511 . . Memo - 2000 Comprehensive Annual Financial Report Page 2 The Statistical Section consists of tables of financial information for a ten-year period. The tables include data regarding revenues, expenditures, property taxes, special assessments, debt, property values, construction, and other miscellaneous data. This section contains a wealth of historical information that may be used to recognize trends and other factors important to the financial management of the City. The City has received the Certificate of Achievement for Excellence in Financial Reporting awarded by the Government Finance Officers Association for its CAFR for several years. This award recognizes outstanding achievement in financial reporting and espouses the "spirit of full disclosure". It is felt that this report continues to meet the high standards of this program. I hope you find the report to be comprehensive and easy to read. It is presented to give you and the citizens of Shore wood a full view of the financial condition and financial management of the City. If you have any questions as you read though the report, please feel free to call and discuss them with me. Likewise, feel free to ask any questions you may have of Steve at the May 29th presentation. , 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 23,2001 Re: Honorable Mayor and City Council Members Bonnie Burton, Finance Director/Treasurer ~ Craig W. Dawson, City Administratoroo Park Fund Financial Report To: . From: The Park Department is comprised of several components: Revenue sources, the Operations budget, and the Park Capital Improvement Fund. . Revenues Park revenue comes from several sources, including tax levies; park dedication fees; Shorewood Park Foundation contributions; concession sales; and the recently established sports user fee which is a formal way of collecting what was previously contributed or donated from the sports groups in prior years. (The user fee is $5 per participant per activity per year.) The status of2001 Sports Organizations User Fees at this time is as follows: Organization Players Amount Due City Spring Activities South Tonka Little League Tonka United Soccer Girls Softball Adult Softball 391 873 Pending Pending $ 1,955 4,365 Fall Activities Tonka Football Association MinnetonkaY outh Hockey Association Pending Pending Total: $6,320 q. ~.1 PRINTED ON RECYCLED PAPER :tFbA , Overations Budget The Park Operating budget is a component of the General Fund and is $161,744 for 2001. 1 st Quarter 2001 expenditures were $36,450, or about 23% of budget, which is on target. The operations budget provides for park maintenance and its expenditures consist primarily of costs such as public works payroll for time spent on parks projects, supplies, utilities, maintenance, and Biffs. Park operations are funded primarily with tax revenue. Cavital Imvrovement Fund This fund is use4 for major Park projects such as construction ofthe Eddy Station building. The Park Capital Fund currently is in a deficit position because of the construction costs ofthis major initiative. The fund has a $165,000 repayment obligation to the Sewer Fund for an inter-fund loan for construction. This loan was approved by the city council with a ten (10) year payback period. The City Council dedicated the following revenue sources for annual debt service payments: Park Dedication Fees General Fund Contribution Sports Organization Fees Park Foundation Contributions Concession Sales (beginning 2001) $15,000 10,000 6,000 10,000 3,000 $44,000 . As you can see, almost all of the Park revenue sources are designated for debt retirement for the next several years. In addition, several of the revenue sources, such as Park Dedication Fees and the Park Foundation contributions, may be unpredictable from year to year. Therefore, it is a good possibility that the fund will be increasingly dependent on Sports Organization fees, concession sales, and transfers from the General Fund (tax levies) to retire the debt and rebuild the Park Capital Improvement Fund Balance. Summarv.. The following summarizes the Park Operations financial activity for the 1st quarter 2001: . Budget Actual Revenue User Fees Park Dedication Fees Park Foundation Concession Sales General Fund Transfer Total Revenue: 1,875 o o o o $1,875 $12,000 Operating Expenditures Personal Services Maint & Supplies Utilities Contract Services Total Expenditures 27,944 2,796 3,479 2.231 $36,450 $161,744 Please advise if you have questions or if I can be of further assistance. . --'. '. . Scenario 3: Full building with canopy - 10 years payback -e7:JDf 5"f#71 ;tJ tJtt ,~/)(iv6-, 2000 2001 2002 2003 ' 2004 2005 2006 2007 2008 2009 2010 Beginning Cash Balance $ 200,086 $ 921 $ 13,460 $ 27,316 $ 60,764 $ .74,771 $ 99.402 $ 124,642 $ 160,613 $ 177,031 $ 204,212 Park Dedication Fees $ 16,000 '$ 16,000 $ 16,000 $ 16,000 $ 16,000 $ 16,000 $ 1 6,000 $ 16,000 $ 16,000 $ 16,000 $ 16,000 General Fund Contribution $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 Sports Organization Fees $ 6,000, $ 6,000 $ .6,000 $ 6,000 $ 6,000 $ 6,000 $ 6,000 $ 6,000 $ 6,000 $ 6,000 $ 6,000 Park Foundation $ 10;000 .$ 10,000 $ 10,000 $ 10,000 $ 1'0,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 Concession Sales $ 1.600 $ 3,000 $ 3,000 $ 3,000 $ 3,000 $ 3,000 $ 3,000 $ 3,000 $ 3,000 $ 3,000 Internal Fund (GFI $ 166,000 Payback Loan (GFI $ (21,800) $ (21,800) $ (21,8001 $ 121,800) $ (21,8001 $ (21,8001 $ (21,8001 $ (21,8001 $ (21,8001 $ (21.800 Transfer from Sewer Fun $ 76,876 Mn/DOT Funding Closure $ Capital Outlay Projects $ (482,062) $ (8,600) $ (9,000) $ $ $ $ $ $ $ $ Interest Income @ 6.0% 22.46 328.04 .666.24 1,237.89 1,823.84 2.424.44 3,040.06 3,671.06 4,317.83 4,980.71 6,660.29 Ending Cash Balance $ 921 $ 13,460 $ 27,316 $ 60,764 $ 74,771 $ 99.402 $ 124,642 $ 160,513 $ 177,031 $ 204,212 $ 232,072 Noles: This schedule is based upon zero capital outlay projects years 2005 and 2006 , . . . CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, MAY 15,2001 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD far 7:00 P.M. n..Q!\ , i; l.fI · MINUTES CALL TO ORDER Chair Bailey called the meeting to order at 7:07 PM. Present: Chair Bailey; Commissioners Borkon, Gagne, Packard, Pisula, White, and Woodruff; Council Liaison Garfunkel; and Planning Director Nielsen Absent: None APPROVAL OF MINUTES . May 1,2001 Pisula moved, Borkon seconded, approving the May 1, 2001, Planning Commission Minutes as amended on Page 5, Sentence 1, change "Chair Bailey reported..," to "Commissioner Pisula reported..." Motion passed 7/0. 1. 7:00 P.M. PUBLIC HEARING -ZONING CODE AMENDMENT REGARDING NONCONFORMING ACCESSORY STRUCTURES Chair Bailey opened the Public Hearing by briefly reviewing the procedures used in the process of a Public Hearing. Director Nielsen then provided history on the need for this amendment noting the time limit for the previous Public Hearing on this matter had expired so another Hearing was necessitated. Chair Bailey opened and closed the Public Testimony portion of the Hearing at 7:14 P.M., as there was no one present in the audience wishing to speak on this matter. Commissioner White asked how this amendment 'could potentially affect a homeowner having purchased a home that had undergone a remodeling project affecting approximately forty-nine percent of the gross floor area and who now, after purchase, wished to remodel the remaining portion of the home. Director Nielsen responded this was a valuable question requiring consultation with the City Attorney. Commissioner Woodruff commented the goal of the amendment was to address nonconforming structures, rather than the remodeling aspect of the ordinance. Commissioner Borkon questioned the need for such an ordinance. Chair Bailey explained the goal of the ordinance was to attempt to bring nonconforming structures into conformity when possible. . The Planning Commission had tried to enforce fairness in working with this issue, and this ordinance amendment was a mechanism that allowed fairness to all when bringing a nonconforming structure to conformity. Director Nielsen cited several examples where this amendment could have been helpful in the past in working with nonconforming structures within the City. He then suggested clarifying the amendment by adding the words "...in any twelve PLANNING COMMISSION MEETING MINUTES MA Y 15, 2001 Page 2 of3 / . month period" to the amendment. Thus, the potential for remodeling would still exist without penalizing a homeowner, and the ordinance would still be able to be reasonably enforced. Woodruff moved, Gagne seconded, approving the Zoning Code Amendment regarding Nonconforming Accessory Structures as revised to include the words "...or in instances where the gross floor area of the principal structure is being increased by fifty (50%) or greater in any twelve month period." Motion passed 7/0. STUDY SESSION 2. DISCUSS COMPREHENSIVE PLAN. DETAILED AREA PLANS - DISTRICT 7 Director Nielsen reviewed the Planning District Data Sheet and proposed text for use in the Comprehensive Plan for District 7. He noted this district was located in the center of Shorewood, and was bounded by Smithtown Road (County Road 19) on the north, Country Club Road/Yellowstone TraillLake Linden Drive on the west, State Highway7 on the south, and the ShorewoodJExcelsior municipal boundary on the east. This district displayed a complex zoning . pattern, including a mix of residential and commercial zoning. Similarly, there was a mix of commercial zoning in the district. The land use patterns were reflective of the varied zoning. Further development in this district should be consistent with existing zoning for the area. The Proposed Land Use Plan for this area suggested giving consideration to commercial expansion near the shopping center located in the southwest corner of the district. Given traffic concerns, access constraints, and existing terrain, consideration being given to that commercial expansion of the vacant land to the east and west of the shopping center should be limited to the density allowed under current zoning, and clarification suggesting appropriate transitional uses be added to the proposed text regarding this district. Reconstruction and realignment of the County Road 19/Country Club Road intersection had been scheduled for the summer of 2002, and was intended in part, to discourage non-local traffic from cutting through from County Road 19 to Highway 7. Also, the intersection at State Highways 7 . and 41 was scheduled for construction in 2001. Drainage improvements planned for that intersection project were anticipated to reduce flooding problems downstream to the east. The Commission expressed significant concern for the traffic patterns and speeds when people were trying to access Highway 7 from County Road 19. Director Nielsen stated additional text needed to be added to the proposed text presented this evening, and he would supply this completed draft portion at the June 6, 2001, Planning Commission Meeting. 3. ORGANIZED REFUSE COLLECTION STUDY TIMELINE Director Nielsen reviewed the Organized Refuse Collection Study Timeline presented to the Commission this evening, explaining the rationale and process utilized in planning this study. , PLANNING COMMISSION MEETING MINUTES MAY 15,2001 Page 3 of 3 Council Liaison Garfunkel suggested including the resident survey portion of the study with City sewer and utility bills as a more visible means of attracting pmticipation in the study. The Commission agreed with this suggestion, and complimented Director Nielsen on the fine work he had done in planning the study. 4. DISCUSS PUBLIC HEARING PROCEDURES The Commission briefly reviewed Public Hearing procedures with the addition of written questions asked by residents and guided discussion by the Commission of those questions, thus, allowing for meaningful discussion. 5. MATTERS FROM THE FLOOR There was no one present this evening wishing to address the Commission. . 6. DRAFT NEXT MEETING AGENDA Director Nielsen reminded the Commission there would be a meeting on June 5, 2001, to discuss the Cub Foods proposal, and a second meeting on June 6, 2001, with four Public Hearings slated on the Agenda. 7. REPORTS Commissioner Gagne reported on the May 15, 2001, Regular City Council Meeting. (as detailed in the minutes of that meeting). 8. ADJOURNMENT . Borkon moved, Woodruff seconded, adjourning the May 15, 2001, Planning Commission Meeting at 9:04 P.M. Motion passed 7/0. RESPECTFULLY SUBMITTED, Sally Keefe, Recording Secretary ~" CITY OF SHOREWOOD l' 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 2001 RE: Ordinance Amendment Regarding Nonconforming Accessory Structures Attached please find a draft Ordinance amending the section of the City Code regarding nonconforming accessory structures. Also attached are the minutes of relative discussion at the Planning Commission and Council meetings over the past several months. At their 15 May 2001 meeting the Planning Commission voted unanimously to recommend that this amendment be approved. Approval by the Council will require a four-fifths vote. . Cc: Craig DaWSO~ it '7 If ft ~.1 PRINTED ON RECYCLED PAPER 1: CITY OF SHOREWOOD . ORDINANCE NO. AN ORDINANCE AMENDING TITLE 1200 OF THE SHOREWOOD ZONING CODE, REGARDING NONCONFORMING ACCESSORY STRUCTURES Section 1. Section 1201.03 Subd. 1. of the Shorewood City Code is hereby amended to add: "m. Existing nonconforming accessory structures shall be removed or brought into conformity with this Code, as required in Section 1201.03 Subd. 2.d.(4)(c), orin instances where the gross floor area of the principal structure is being increased by fifty percent (50%) or greater in any 12-month period.~~ . Section 2. Section 1201.03 Subd. 2.d.(4)(c) of the Shorewood City Code is hereby amended to read: "(c) In evaluating the conditional use permit, the City shall take into consideration the location of existing and proposed structures, site drainage, and landscaping. As a condition of approval of the conditional use permit, existing nonconforming accessory structures located on the property shall be removed or brought into conformance with this Code." . Section 3. That this Ordinance shall be in full force and effect upon publishing in the Official. Newspaper of the City of Shore wood. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 29tJ:t day of May 2001. . WOODY LOVE, MAYOR ATTEST: CRAIG DAWSON, CITY ADMINISTRATOR :! CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, MAY 15,2001 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES CALL TO ORDER Chair Bailey called the meeting to order at 7:07 PM. Present: Chair Bailey; Commissioners Borkon, Gagne, Packard, Pisula, White, and Woodruff; Council Liaison Garfunkel; and Planning Director Nielsen Absent: None APPROVAL OF MINUTES . . May 1, 2001 Pisula moved, Borkon seconded, approving the May 1, 2001, Planning Commission Minutes as amended on Page 5, Sentence 1, change "Chair Bailey reported..." to "Commissioner Pisula reported..." Motion passed 7/0. 1. 7:00 P.M. PUBLIC HEARING -ZONING CODE AMENDMENT REGARDING NONCONFORMING ACCESSORY STRUCTURES Chair Bailey opened the Public Hearing by briefly reviewing the procedures used in the process of a Public Hearing. Director Nielsen then provided history on the need for this amendment noting the time limit for the previous Public Hearing on this matter had expired so another Hearing was necessitated. . Chair Bailey opened and closed the Public Testimony portion of the Hearing at 7:14 P.M., as there was no one present in the audience wishing to speak on this matter. Commissioner White asked how this amendment could potentially affect a homeowner having purchased a home that had undergone a remodeling project affecting approximately forty-nine percent of the gross floor area and who now, after purchase, wished to remodel the remaining portion of the home. Director Nielsen responded this was a valuable question requiring consultation with the City Attorney. Commissioner Woodruff commented the goal of the amendment was to address nonconforming structures, rather than the remodeling aspect of the ordinance. Commissioner Borkon questioned the need for such an ordinance. Chair Bailey explained the goal of the ordinance was to attempt to bring nonconforming stmctures into conformity when possible. The Planning Commission had tried to enforce fairness in working with this issue, and this ordinance amendment was a mechanism that allowed fairness to all when bringing a nonconfonning structure to conformity. Director Nielsen cited several examples where this amendment could have been helpful in the past in working with nonconforming structures within the City. He then suggested clarifying the amendment by adding the words "...in any twelve PLANNING COMMISSION MEETING MINUTES MAY 15,2001 Page 2 of 3 t month period" to the amendment. Thus, the potential for remodeling would still exist without penalizing a homeowner, and the ordinance would still be able to be reasonably enforced. Woodruff moved, Gagne seconded, approving the Zoning Code Amendment regarding Nonconforming Accessory Structures as revised to include the words "...or in instances where the gross floor area of the principal structure is being increased by fifty (50 %) or greater in any twelve month period." Motion passed 7/0. STUDY SESSION 2. DISCUSS COMPREHENSIVE PLAN . DETAILED AREA PLANS - DISTRICT 7 . Director Nielsen reviewed the Planning District Data Sheet and proposed text for use in the Comprehensive Plan for District 7. He noted this district was located in the center of Shorewood, and was bounded by Smithtown Road (County Road 19) on the north, Country Club Road/Yellowstone Trail/Lake Linden Drive on the west, State Highway7 on the south, and the ShorewoodlExcelsior municipal boundary on the east. This district displayed a complex zoning pattern, including a mix of residential and commercial zoning. Similarly, there was a mix of commercial zoning in the district. . The land use patterns were reflective of the varied zoning. Further development in this district should be consistent with existing zoning for the area. The Proposed Land Use Plan for this area suggested giving consideration to commercial expansion near the shopping center located in the southwest corner of the district. Given traffic concerns, access constraints, and existing terrain, consideration being given to that commercial expansion of the vacant land to the east and west of the shopping center should be limited to the density allowed under current zoning, and clarification suggesting appropriate transitional uses be added to the proposed text regarding this district. Reconstruction and realignment of the County Road 19/Country Club Road intersection had been scheduled for the summer of 2002, and was intended in part, to discourage non-local traffic from cutting through from County Road 19 to Highway 7. Also, the intersection at State Highways 7 . and 41 was scheduled for construction in 2001. Drainage improvements planned for that intersection project were anticipated to reduce flooding problems downstream to the east. The Commission expressed significant concern for the traffic patterns and speeds when people were trying to access Highway 7 from County Road 19. Director Nielsen stated additional text needed to be added to the proposed text presented this evening, and he would supply this completed draft portion at the June 6, 2001, Planning Commission Meeting. 3. ORGANIZED REFUSE COLLECTION STUDY TIMELINE Director Nielsen reviewed the Organized Refuse Collection Study Timeline presented to the Commission this evening, explaining the rationale and process utilized in planning this study. PLANNING COMMISSION MINUTES SEPTEMBER 19.2000 - PAGE 2 Commissioner Callies questioned the reason for reviewing only the density involved in senior housing aspects of the Zoning Code. She believed the densities being discussed were appropriate for other zoning districts as well. Councilmember Zerby asked if comparables had been completed in other cities. Director Nielsen explained the cities of Lino Lakes, Roseville, Champlin, and others had been contacted, and the recommendation of six units per acre had been utilized in those cities as well. Mayor Love commented the issue of affordability in senior housing was a concern expressed by Council in previous discussions. He also explained the price of these homes to be market driven, and creating higher densities, which may lower the land costs, would not effectively reduce the price. Council agreed. B. . ACCESSORY SPACE REGULATIONS . Director Nielsen provided background related to the zoning Code, noting that historically, the Code used the definition of approximately 1,000 square feet as the equivalent for a three car garage. Over time, as the needs of City residents changed resulting in numerous variance requests, this number was increased to approximately 1,200 square feet, or the equivalent of a five car garage, and now existed as an ordinance in the Zoning Code. He also noted, however, it still remained the most frequent zoning request. Chair Bailey explained to Council the thinking behind the recommendation to amend the Zoning Code in this area, noting it seemed to provide the City with an opportunity to deal with certain non-conforming structures. Mayor Love questioned the desired goal in changing the amendment. Director Nielsen explained the purpose to be dealing with accessory space effectively and correcting non-conforrning structures when an opportunity is presented to bring them into conformance. Councilmember Garfunkel stated his concern to be an anticipated loss of flexibility in dealing with unique aspects of home sites in the City. . Director Nielsen explained the Commission's concern over having to make subjective and arbitrary decisions without having the amended change. Chair Bailey explained that the Commission viewed this as an attempt to parallel the wording in the Zoning Code that deals with demolition of a home and at the same time, provide the City with the opportunity to bring certain neighborhood structures into compliance. Commissioner Turgeon commented residents will have a choice to either get rid of the non-conformity or bring it into compliance. The ordinance would not be making that choice for them, just simply stating the choice existed for them. She also commented the change in the ordinance would help to allow the Commission to have more latitude in dealing with landscaping issues in setback areas. Councilmember Zerby noted his understanding of tonight's discussion to be a need for equity between "teardown" projects and remodeling projects as far as the ordinance was concerned. He noted he could agree with these general goals. Mayor Love and Councilmember Lizee also agreed. CITY COUNCIL REGULAR MEETING MINUTES-August 14, 2000 Page 4 of 6 Councilmember Garfunkel noted it would be helpful if th,e neighboring cities would adopt similar ordinances so that the effort to prohibit the sale of phosphate fertilizer would be more supportive to business owners such as Mr. Johnson. Councilmember Stover stated she had great sympathy for the competitiveness between retailers in the area regarding sale of this type of product. Councilmeinber Garfunkel suggested Mr. Johnson see this as a marketing opportunity for his store in that he could be the source for phosphorus free fertilizer in the area. Beth Johnson also addressed Council, commenting she and her husband strive for customer service and diversified selection of products for their customers. As a business owner, she has been talking to these large companies about this matter, but they do not seem to be listening. In addition, she and her husband take the extra time to educate customers about proper application of this fertilizer to avoid problems for everyone. She stated she believed this to be an opportunity to work with Council supporting the need for phosphate free fertilizer on a regional level and to continue to educate the public about the need for careful application. Garfunkel moved, Lizee seconded, Adopting ORDINANCE NO. 366, "An Ordinance Amending . Title 300 of the Shorewood City Code, Establishing Regulations for Lawn Fertilizer Application, Section 310.04, Subdivision 4, Regarding the Sale of Phosphorus to read, "Effective January 1, 2002, no person,..." and Item a, ''Effective January 1,2002, small quantities..." and Items band c of Section 310.04, Subdivision 4, Regarding the Sale of Phosphorus to read "Effective January 1,' 2001, displays of fertilizer..." and "Effective January 1, 2001, for each sale...." Councilmember Stover stated she would llke to see a time line plan regarding efforts to make this an area wide concern. Mayor Love suggested this plan take place no later than the first Regular City Council meeting of October, 2000. B. A Motion Adopting an Ordinance Amending the Shorewood Zoning Code Reducing the Allowable Density for Senior Housing Projects (This item was removed from the Consent Agenda for discussion and consideration.) Director Nielsen provided background pertaining to the ordinance. Councilmember Lizee explained a site selection study is being done, and she believed this amendment should be discussed after that study is complete. Councilmember Stover agreed and stated the decrease by two units across all areas to be a bit arbitrary. Mayor Love suggested the ordinance be held and brought back to Council no later than the second Regular City Council Meeting in November, 2000. Council concurred. c. A Motion Adopting an Ordinance Amending the Shorewood Zoning Code Regulating Nonconforming Accessory Structures (This item was removed from the Consent Agenda for discussion and consideration.) CITY COUNCIL REGULAR MEETING MINUTES-July 24, 2000 Page 6 of 8 ' After a bit of discussion related to the need for a site selection survey, Mayor Love concluded, with Council's direction, that the Council would like to see a site selection survey and perhaps the Planning Commission could accelerate consideration of that survey and report back to Council at a later date. Garfunkel moved, Zerby seconded, considering this a first reading of an Ordinance Amending the Shorewood Zoning Code Reducing the Allowable Density for Senior Housing Projects. Motion passed 5/0. H. A Motion to Adopt an Ordinance Amending the Shorewood Zoning Code Regulating Nonconforming Accessory Structures Director Nielsen again reminded Council to consider this a first reading of the ordinance and explained to Council that a homeowner could apply for a variance from this ordinance if they could demonstrate hardship in the matter. . Councilmember Zerby reiterated a situation where according to the way the ordinance currently exists, a' "teardown" having a nonconforming historical building with character had been allowed to remain. Director Nielsen stated that according to this revision the ordinance would state that in the future, a building such as that one, would need to be removed or brought into conformance, despite its charm and character. Commissioner Turgeon stated the Planning Commission had approved this matter 6/1, with a Commissioner having concern about the lack of flexibility in the standard. Stover moved, Lizee seconded, considering this a first reading of an Ordinance Amending the Shorewood Zoning Code Regulating Nonconforming Accessory. Mayor Love stated he appreciated the amount of thought and discussion regarding this revision as well as the effort by Staff and Planning Commission to bring this matter forward. Councilmember Stover also voiced her support. Motion passed 5/0. 7. GENERAL . A. A Motion to Adopt an Ordinance Regulating the Use of Phosphate Fertilizers Director Nielsen provided historical background regarding this ordinance. He noted this ordinance would limit and almost prohibit the use of phosphate fertilizer for lawn application, except for new lawns for the course of one year. Also, there would be a provision regarding the sale of fertilizer which is not prohibitive, but attempts to heavily limit its sale in outlets, and places certain conditions on those sales. Director Nielsen asked the City Attorney to comment on the sale aspect of the ordinance. Mr. Kelly responded he believed it to be a permitted use of local government's regulation, but noted there should be attention paid to the point of purchase restrictions. Council member Garfunket" stated his concern about the definition of the term "small quantities" within the ordinance. Also, he asked about the enforcement aspect of this ordinance. Mayor Love commented he believed this ordinance to be primarily educational with the force of law behind it,similar to the laws regarding recycling. He also commented there are other local communities looking into requiring similar ordinances. PLANNING COMMISSION MINUTES JULY 11,2000 - PAGE 2 Mr. Larry Reid, 27780 Island View Road, addressed the Commission regarding this matter. He expressed concern with the drainage and elevation along the shared lot line. He suggested the possibility of using a catch basin to enhance a drain tile project he had undertaken with another neighbor. He also expressed an interest in working with Mr. Akins to remedy any drainage and landscaping concerns. Engineer Brown encouraged all three neighbors to work together to address any drainage in that area as they were all in attendance this evening, and he was certain the proposed plan would work. Chair Bailey closed the Public Hearing at 7:21 P.M. Commissioner Callies asked Mr. Akins about prior history of the purchased home and lot. Mr. Akins explained there was a basement with water problems. Mr. Steingas, builder for Mr. Akins, explained they were trying to improve the grade of the lot in an effort to channel the water to the lake and without the additional fill he would not be aple to build a useable basement for Mr. Akins on this lot. Commissioner Anderson questioned Engineer Brown if runoff calculations had been completed. Engineer Brown responded the site meets standard criteria as well as handling and channeling the water to the lake in a worst case scenario such as a "superstorm." . Commissioner Anderson also asked if Island View Road had stormsewers. Engineer Brown explained . this road is a private road, and he found it encouraging to hear the neighbors are considering working together to address drainage concerns. Commissioner Anderson questioned whether concern was needed with the sanitary sewer line below or near lake level. Engineer Brown responded that is always a concern in this area and provided history on the sewer lines in this area of Shorewood, noting materials now are substantially improved from when first installed in the early 1970's. Commissioner Turgeon commented on the significant tree loss, problems on site currently needing to be remedied to expedite the process, such as fencing incorrectly placed, and also concern about a masonry fence being located close to the property line. Anderson moved, Callies seconded, Approving a C.U.P. for Fill in Excess of 100 Cubic Yards and C.U.P. for Accessory Space over 1200 Square Feet with staff recommendations for Jim & Tracy Akins,.27820 Island View Road. Motion passed 7/0. . 2. 7:15 P.M. PUBLIC HEARING . TO CONSIDER AN AMENDMENT TO THE SHOREWOOD ZONING CODE REGARDING CONDITIONAL USE PERMITS FOR ACCESSORY SPACE OVER 1200 SO. FT. Director Nielsen reviewed purpose in considering these amendments and provided history from previous study sessions. To be considered was an addition of text to the Zoning Code under section 1201.03 Subd. 1.1, Section m. as follows: m. Existing nonconforming accessory structures shall be removed or brought into conformity with this Code, as required in Section 1201.03 Subd. 2.d(4)(c), or in instances where the gross floor area of the principal structure is being increased by fifty percent (50%) or greater. Also under consideration was the following addition of text shown in italics. 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[/) Q) ~ ...; J:: ~ "0 J:: <0 ~ '" .... ..d ...... C o [/) J:: .9 '";J Vl c ~.9 [/) 1:: :>..0 "0 0- .8 g '" Po Vl [/) Bc ..... <0 t 5 l:1. .!:: S 5- o <0 <l:: ~ ~o g .r;; o I::: 15b.g ~ <0 ~~ .0 S "0 0 -8...... ..... 1:: ~~ ~ <i-i 0..<0 J:: S .ta ".. ~.s 1:::"0 <0 e .!!:l.g .~ .~ Z J:: .... 0 o U ...... [/) U cd e ~ tS.<;:: ~ p.; o ..... co ~ bJ) I::: '1a Q) ~ u ..... ...... .0 ::l p.., <0 oS ~ <0 J:: <0 Po o :>.. Q) ~ P=\ .... .ta ..d U PLANNING COMMISSION MINUTES MAY 16, 2000 - PAGE 3 Anderson moved, Woodruff seconded, the City should not update the Senior Housing Survey locally at this time, but should review opportunities as they arise to address Senior Housing needs on a regional basis. Motion passed 5/0. 2. DISCUSSION ON ACCESSORY SPACE PROVISIONS Director Nielsen provided history on the need for discussion of this issue stating it was the most routine action this Commission deals with on a regular basis. Much discussion centered on the importance of bringing structures to conformity with the current Zoning Code versus complete removal of Accessory Space Structures subject to the exact interpretation of the Zoning Code, WOOdl-Uff moved, Anderson seconded, approving Accessory Building Uses as amended. Motion passed 5/0. 3. MATTERS FROM THE FLOOR 111ere were no matters from the floor at this time, . 4. DRAFT NEXT MEETING AGENDA Six items were slated for the next Planning Commission meeting. Further study sessions are expected to include discussion on a study of garbage collection, Commissioner Turgeon noted the Commission is on track for reviewing issues as part of the annual plan of goals and objectives. .5. REPORTS Chair Bailey reported on matters considered and actions taken at the May 8, 2000, Regular City Council Meeting (as detailed in the minutes of that meeting). Commissioner Woodruff' reported on matters considered at the Land Conservation and Environment Committee held May 9, 2000( as detailed in the minutes of that meeting), Commissioner Anderson noted the Lake Minnetonka Conservation District is holding a Public Hearing on May 24, 2000, at 7:00 P.M. at the Tonka Bay City Hall regarding the Shorewood Yacht Club. . 6. ADJOURNMENT Turgeon moved, Woodruff seconded, adjourning the meeting at 8:40 P.M. Motion passed 5/0. RESPECTFULL Y SUBMITTED, Sally Keefe, Recording Secretary fI.l r.'l i z o """'~ ~ril """'t-' ~~ 0' UO o ~o z~ ~~ <~ ...:lP-c P-c< ~ ~ o ~ t-:. ~ < z < Co? r.;! ~ z o l-( en rn ~ rn >c Q ~ rn r.;! U ~ rn ~ o rn en r.;! 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't:l~ ~ ::3 ctl l-l ~ 0) c.s ~ eLl o.;g o l-l ~ 0..0 'd ~ ~ ;;.... ctl~ 'u:l ~ ...... '"d ~~ <l-< en o ctl 0) ~::r: 0.. E ....; ctl 0 :< .~ Q) 0 l-l ~ 0.. bI) ~~ o 0) ~'t:l o 'd 8 Q) Q) ,.!><l l-l ~ ctl ~"d ~ ~ ~ ~ ~.g l-l a 0) c:: ~ .9 ctl en en e:: '8 a3 g~ U.o PLANNING COMMISSION MINUTES APRIL 4, 2000 - PAGE 5 remodel is considered a new structure, which would require conformity of other structures. Nielsen clarified how the ordinance applies in such cases and suggested that a building's total area, rather than value is used to address nonconfonnities. Anderson brought up the "lO-by-lO Rule" and asked Nielsen to look at the issue in conjunction with lO-by-lO permitting of accessory structures. Nielsen said if allowing an exception in setbacks, the accessory building ought to stay pretty small. Woodruff moved to consider if someone has improvements of some percentage of the house-50 %, that we consider accessory space that is nonconforming. There was further discussion to clarify the intent of this suggestion. It would require all accessory buildings to be brought into conformity if the current home is increased by 50% or more in square footage. In other words, the project would be treated as if it were new construction. Chair Bailey suggested that the Commission seek other input if they wish to make such a change. He asked that a draft be prepared and that there be further discussion with the full commission. There was consensus to table discussion until the May meeting. . The motion died for lack of second. 4. MATTERS FROM THE FLOOR There were none. 5. DRAFT NEXT MEETING AGENDA The April 18, 2000 meeting will be a Joint Study Session conducted by City Council and attended by members of the Land Conservation & Environment Committee, to discuss the City's Stormwater Management Plan. Commissioner Anderson will be the Planning ReI>resentative at the April 10 Council meeting. . 6. REPORTS Commissioner Woodruff reported on the March 27 Council meeting, stating that the monopole issue is to be continued. Other agenda itelns were mentioned, including the discussion of a possible skate park, which may be a C.U.P request on the May meeting agenda. Commissioner Callies attended the March 28 Park Commission meeting. She reported that an open house was held to present plans for the Vine Hilll Covington trail segment. Other agenda items were; a discussion about a park building at Freeman and user fees for parks. Chair Bailey asked if Fr~eman Park is the next logical site for location of a cell tower at the west end of the City. Nielsen said it may some day be the spot, and since it is public property, the CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236 FAX (952) 474-0128. www.cLshorewood.mn.us. cityhall@cLshorewood.mn.us MEMORANDUM TO: FROM: City Council t..J Bradley J. Nielsen, Director of Planning fJr- Craig W. Dawson, City Administrator ^~ May 24,2001 VY Appointments to Gideon Glen Residents' Advisory Committee . DATE: SUBJECT: As concept plans are being submitted to the LCEC by consultant Dan Dickel, it is time for community involvement in the refinement of plans. The City Council has endorsed the idea of an advisory committee that would include residents of the immediate area of Gideon Glen. A technical committee would supplement the work of the advisory committee. It is expected that the advisory committee's work would be completed within six months. Several names and interested parties have been suggested for membership on the advisory committee. Residents identified for the committee include: . Melissa Foster 5675 Christopher Road . Joe Lugowski 24710 Glen Road . . Kate Netwal 25165 Glen Road . Kevin or Libby Conley 24740 Amlee Road . Janet Malotky 24680 Smithtown Road . Gideon Glen Townhome Association . Unitarian Universalist Lake Fellowship, 24575 Glen Road The City Council's advisory commissions and committee would have ex-officio membership: . LCEC . Park Commission . Planning Commission Anthony Pini Paula Berndt (Pat Arnst, alternate) Deborah Borkon or Bob Gagne (depending on meeting times) #-3'A ft ~.1 PRINTED ON RECYCLED PAPER The following have been identified to serve as technical resources: . Minnehaha Creek Watershed District . Minnewashta Elementary School Board member Malcolm Reid or others Kathy Timberg (coordinator of "Wetland Watch" program) . Hennepin Conservation District . Minnesota DNR RECOMMENDATION: It is recommended that the persons and/or organizations listed above be app1)inted to the Gideon Glen Projed Residents' Advisory Committee. . .. . 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 I ~ FROM: Larry Brown, Director of Public Works Craig Dawson, City Administrator . DATE: May 24,2001 RE: Update on Shorewood Ponds Development At the May 14th City Council meeting, City Council members received complaints with regard to site conditions for the Shorewood Ponds Development. Site conditions, erosion controls and storm sewers are not being maintained in accordance to issued permits or project plans. . On May 15th, Staff met with residents of the Shorewood Oaks subdivision to hear concerns regarding construction, erosion control and drainage for the Shorewood Ponds Development. After Staff documented the concerns, a meeting was conducted on May 16th with Bill Gleason of Sylvia Development, Inc., City Engineer Larry Brown, and Field Representative Phil Tipka. At that meeting, it was agreed that erosion controls would be brought into compliance, storm sewer on the westerly property boundary would be cleaned, and the ditch along the westerly property boundary would be reestablished. These items were to be completed by Friday, May 18th. As of that date, none of the items had been completed. . In accordance with the Development Agreement for Shorewood Ponds the Developer has been given written notice via certified mail regarding the violations for site conditions. The Developerhas until May 31,2001 to complete the following items: 1. Install silt fences per the permit issued by the Minnehaha Creek Watershed District and the approved grading drainage and erosion control plans. 2. Remove silt and sweep all streets within the subdivision. 3. Treeprotection fencing shall be restored. 4. All areas that have not been sodded are to be top dressed, and seeded. n t.~ PRINTED ON RECYCLED PAPER #CjA. Mayor and City Council Shorewood Ponds Update May 24,2001 Page 2 of2 5. The ditch between the berm on the western property boundary and Freeman Park is to be reestablished. Failure to correct these items by May 31, 2001 will result in the City of Shorewood drawing upon the letter of credit and contracting to complete the items in default. Attachment 1 is a copy of the development agreement for Shorewood Ponds. Subdivision 35 "Remedies Upon Default" provides for proper notice provisions and remedy available to the City of Shorewood. . In accordance to the development agreement, if the Developer has not completed the cited violations by May 31, 2001, a hearing will be conducted at 7:30 p.m. June 11, 2001 to determine what further action may be necessary, in accordance with the development agreement. At that time, the City will render a decision in writing as to the plan or policy that has been violated, and whether the items cited have been corrected. If found to remain in default, the City has the following actions available to them: Section 35 (03)(c) (i) impose monetary penalty of not more than $1,000 for each violation (ii) Order that the developer stop work on all construction for which building permits have been issued; and withhold the issuance of additional building permits until it has received assurances satisfactorily to the City that no future violations of the Plan or Policy is to occur. . (Hi) Take any other actions to enforce any other remedies available to it under the Agreement, Policy, or the City Code. StaffwiII keep the City Council updated as to what progress occurs on the site. . . CITY OF SHOREWOOD RESOLUTION NO. 99-045 A RESOLUTION APPROVING THE FINAL PLAN AND FINAL PLAT OF SHOREWOOD PONDS P.U.D. WHEREAS, the final plat of the Shorewood Ponds P.U.D. has been submitted in the manner required for the platting of land under the Shorewood City Code and under Chapter 462 of Minnesota Statues, and all proceedings have been duly had thereunder; and WHEREAS, said plat is consistent with the Shorewood Comprehensive Plan and the regulations and requirements of the laws of the State of Minnesota and the City Code of the City of Shorewood; and WHEREAS, the final plan for the P.U.D. has been submitted, pursuant to Section 1201.25 of the City Code; and WHEREAS, the final plan is consistent with the concept and development stage plans previously approved for the project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. That the plat of Shorewood Ponds is hereby approved. 2. That the approval is specifically conditioned upon the terms and conditions contained in the Planned Unit Development Agreement for the Shorewood Ponds P.U.D., attached hereto and made a part hereof. 3. That the Mayor and City Clerk are hereby authorized to execute the Certificate of Approval for the plat and the said Planned Unit Development Agreement on behalf of the City Council. 4. That the final plat, together with this Resolution, the Planned Unit Development Agreement, and the Declaration of Covenants, Conditions and Restrictions of Shorewood Ponds, attached hereto, shall be filed and recorded within thirty (30) days of the date of certification of this Resolution. BE IT FURTHER RESOLVED that the execution of the Certificate upon said plat by the Mayor and City Clerk shall be conclusive, showing a proper compliance therewith by the subdivider and City officials and shall entitle such plat to be placed on record forthwith without further formality, all in compliance with Minnesota Statutes and the Shorewood City Code. A~et-ll(eNT I ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 28th day of June, 1999. ATTEST: ct. ,""W [. if<\{/"VI Jarrfes C. Hurm, City Administrator/Clerk ij Woody Love, Mayor . . . . CITY OF SHOREWOOD PLANNED UNIT DEVELOPlVIENT AGREEiVIENT FOR SHOREWOOD PONDS P.U.D. THIS AGREElVlliNT, made this~.tl)day of October, 1999 by and between the CITY OF SHOREWOOD, a Minnesota municipal corporation, hereinafter referred to as the "City," and SYLVIA DEVELOPMENT, LP, a Limited Partnership organized under the laws of the State of Minnesota, hereinafter referred to as the "Developer." WHEREAS, the Developer has as interest in certain lands legally described in Exhibit A, attached hereto and made a part hereof, which lands are hereinafter referred to as the "Subject Property"; and \-VHEREAS, the Developer proposes to develop the Subject Property by means of a Planned Unit Development ("PUD") consisting of 62 building lots, two common area lots and two outlots; and WHEREAS, the Developer has made application with the Zoning Administrator for a Conditional Use permit for a PUD and submitted a Concept Plan and Development Stage Plan for the property, which matters were considered by the City Planning Commission at Public Hearings held on 5 August 1997 and 6 April 1999; and WHEREAS, upon recommendation of the Shorewood Planning Commission, the City Council did consider and grant Concept Plan approval as set forth in Resolution No. 99-008 and Development Stage Plan approval subject to recommendations contained in a staff report, dated 15 April 1999, prepared by the City Planner; NOW, THEREFORE, in consideration of the mutual covenants and guarantees contained herein, the parties hereto agree as follows: 1) Conditions of Approval - The Developer shall comply with the conditions of approval as adopted by the City Council and set forth in Resolution No. 99-008, incorporated herein as Exhibit B. In addition, development of the property is subject to the requirements of Section 1201.03 Subd. 20. of the Shorewood Zoning Code pertaining to elderly housing. (01) Maximum building height, as defined by the Shorewood Zoning Code, shall be one story. 1JK:IEOs 1: (02) Use of Outlots within the plat: Outlots A and B shall be conveyed to the City of Shorewood for wetland conservation and public trail purposes. In addition, the Developer shall provide deeds for easements as necessary to include portions of public trails located outside of the outlots. (03) The Developer shall comply with the requirements of Shorewood's wetland code (Chapter 1102) and the Wetlands Conservation Act of 1991 [Minn. Stat. 103 G.221 et. seq. (hereinafter referred to as the WCA)]. It is the intent of this agreement that areas adjacent to wetlands be maintained in their natural state. (a) A minimum 35-foot buffer strip shall be maintained adjacent to all wetlands. (b) Natural vegetation shall be maintained in wetland buffer strips. Where disturbed by site development, wetland buffer strips shall be restored with natural vegetation. (c) Wetland buffer strips shall be identified within each lot by permanent. monumentation approved by the City. (d) A monument is required at each lot line where it crosses a wetland buffer strip and as necessary to establish required setbacks from the wetland buffer strip. Monuments shall be placed within 60 days of completion of site grading or prior to issuance of a building permit, whichever occurs first. (e) The Developer shall record with the Hennepin County Recorder or Registrar of Titles, a notice of the wetland buffer requirement against the title of each lot with a required wetland buffer strip. (f) No structures, including, but not limited to, decks, patios, and play equipment may be located in the wetland buffer strip or the required wetland setback area, except that public trails shall be allowed within the wetland buffer strip and setback areas. 2.) Improvements Installed bv Developer - Developer agrees at its expense to . construct, install and perform all work and furnish all materials and equipment in connection with the installation of the following improvements, hereinafter referred to as the Improvements: (01) All site grading including building pad correction where needed; (02) Public and private street grading, stabilizing and bituminous surfacing; (03) Surmountable concrete curb and gutter; (04) Sanitary sewer; (05) Storm sewer and surface water drainage facilities: (06) Street name signs and traffic control signs: TJK:IEOs ~1 (07) Required landscaping and reforestation; (08) Public trail grading and bituminous surfacing consistent with the plans and specification prepared by Westwood Professional Services, Inc., dated 17 September 1999, and received and approved by the City Engineer. It is understood that underground utility lines, including gas, electric, telephone, and television cable shall be installed by the respective private utility companies pursuant to separate agreements with the Developer. . 3.) Final Plan. Grading. Draina2"e and UtiIitv Plan. Building Plan - The Developer has filed with the City Clerk the final plat titled Shorewood Ponds for the development of the Subject Propeny. Said plat is attached hereto and made a part hereof as Exhibit C. Said final plat, together with the Grading, Drainage, and Utility Plan, the approved building plans, and the Tree Preservation and Reforestation Plan, all of which plans are on file at the Shorewood City Offices, and this Development Agreement, is herewith adopted and approved by the City as the Developer's final plan for development of the property. 4.) Pre-construction Meetin2.' - Prior to the commencement of construction, Developer or its engineer shall arrange for a pre-construction meeting to be held at Shorewood City Hall. Such meeting shall be coordinated with the City Engineer and shall include all appropriate panies specified by the City Engineer. 5.) Standards of Construction - Developer agrees that all of the Improvements set forth in 2.) above, shall equal or exceed City standards, shall be constructed and installed in accordance with engineering plans and specifications approved by the City Engineer and the requirements of applicable City ordinances and standards, and that all of said work shall be subject to final inspection and approval by the City Engineer. . 6.) Materials and Labor - All of the materials to be employed in the making of said Improvements and all of the work performed in connection therewith shall be of uniformly good and workmanlike quality, shall equal or exceed City standards and specifications, and shall be subject to the inspection and approval of the City. In case any materials or labor supplied shall be rejected by the City as defective or unsuitable, then such rejected materials shall be removed and replaced with approved materials, and rejected labor shall be done anew to the satisfaction and approval of the City at the cost and expense of Developer. 7.) Schedule of Work - The Developer shall submit a Written schedule in the form of a bar chart indicating the proposed progress schedule and order of completion of work covered by this Agreement. It is understood and agreed that the work set forth in paragraph 2, except the final lift of asphalt and landscaping of individual units, shall be performed to be completed by 15 December 1999. The final lift of asphalt shall be completed by I July 2000. Landscaping of individual units shall be completed as buildings are completed. Upon receipt of written notice from the Developer of the existence of causes over which the Developer has no control, which TJK:IEOs ~: will delay the completion of the work, the City, at its discretion, may extend the dates specified for completion. The Developer hereby agrees to maintain the public and private streets by providing services such as snowplowing or cleaning of the roadway until such time as the City has inspected and accepted the final lift of asphalt for said streets. Maintenance of the pri vate street shall be the responsibility of the Developer or the homeowner's association. 8.) As-Built Plan - Within sixty (60) days after the completion of construction of the Improvements, Developer shall cause its engineer to prepare and file with the City a full set of "as-built" plans, including a mylar (3.5 mil thickness minimum) original and two (2) black line prints, showing the installation of the Improvements within -the plat. Failure to file said "as-built" plans within said sixty (60) day period shall suspend the issuance of building permits and certificates of occupancy for any further construction within the pla,t. 9.) Easements - Developer, at its expense, shall acquire all easements, if any, from abutting property owners necessary to the installation of the sanitary sewer, storm sewer, surface water drainage facilities and watermains within the plat, and thereafter promptly assign said easements to the City. . 10.) Pre-existing Drain Tile - All preexisting drain tile disturbed by Developer during construction shall be restored by Developer. 11.) Staking, Survevin!! and Insoection - It is agreed that the Developer, through its engineer, shall provide for all staking and surveying for the Improvements and delineation of the wetland buffer areas. In order to ensure that the completed improvements conform to the approved plans and specifications, the City will provide for resident inspection as determined necessary by the City Engineer. 12.) Construction Inspection - The City of Shorewood shall utilize the services of the . City's Engineering Consultant to provide construction inspection on a full time basis for which the Developer hereby agrees to compensate the City of Shorewood for all expenses incurred for such services. 13.) Grading, Draina2.'e. and Erosion Control - Developer, at its expense, shall provide grading, drainage and erosion control plans to be reviewed and approved by the City Engineer. Said plans shall provide for temporary dams, earthwork or such other devices and practices, including seeding of graded areas, as necessary, to prevent the washing, flooding, sedimentation and erosion of lands and streets within and outside the plat during all phases of construction. Developer shall keep all streets within and adjoining the plat free of all dirt and debris resulting from construction therein by the Developer, its agents or assignees. 14.) Soils Testin2"/Geotechnical Services - The City of Shorewood shall utilize the services of a soils testing firm, as determined by the City Engineer, to perfonn routine soil density testing, compaction testing, bituminous coring and testing, and concrete cylinder testing TJK:IEOs 4: during construction. The Developer hereby agrees to reimburse the City of Shore"wood for all costs incurred during construction for such routine soils testing. 15.) Street Signs - Developer, at its expense, shall provide standard city street identification signs and traffic control signs in accordance with the Minnesota Manual on Uniform Traffic Control Devices. 16.) Access to Residences - Developer shall provide reasonable access, including temporary grading, graveling and snowplowing, to all residences affected by construction until the public street is accepted by the City. 17.) Occupancv Permits - The City shall not issue a permanent certificate of occupancy until the first lift of bituminous surfacing has been installed on the road serving the units for which a certificate of occupancy is requested. Certificates of occupancy for buildings adjacent to the public trail shall not be issued until the trail has been completed. . 18.) Final Inspection - At the written request of the Developer, and upon completion of the Improvements set forth in paragraph 2 above, the City Engineer, the contractor, and the Developer's engineer will make a final inspection of the work. When the City Engineer is satisfied that all work is completed in accordance with the approved plans and specifications. and the Developer's engineer has submitted a written statement attesting to same, the City Engineer shall recommend that the improvements be accepted by the City. 19.) Restoration of Streets. Public Facilities and Private Properties - The Developer shall restore all City streets and other public facilities and any private properties disturbed or damaged as a result of Developer's construction activities, including sod with necessary black dirt, bituminous replacement, curb replacement, and all other items disturbed during construction. . 20.) Required Landscaping - The Developer shall provide a letter of credit or cash escrow for the purpose of assuring that required landscaping in the common and revegetation of wetland buffer areas shall be constructed and installed according to the plans approved by the City. Landscaping associated with individual unit lots shall be constructed and installed prior to issuance of certificates of occupancy for said unit lots. If required unit lot landscaping has not been completed at the time of occupancy, the Developer shall escrow $1000 per unit to ensure that the required landscaping shall be installed within eight months. 21.) Reimbursement of Costs - The Developer shall reimburse the City for all costs, including reasonable engineering, legal, planning and administrative expenses incurred by the City in connection with all matters relating to the administration and enforcement of the within Agreement and the performance thereof by the Developer. Such reimbursement of costs shall be made within thirty (30) days of the date of mailing of the City's notice of costs to the address set forth in paragraph 31 below. TJK:IEOs ~. 22.) Claims for Work - The Developer or its contractor shall do no work or furnish' no materials not covered by the plans and specifications and special conditions of this Agreement, for which reimbursement is expected from the City, unless such work is first ordered in writing by the City Engineer as provided in the specifications. Any such work or materials which may be done or furnished by the contractor without such written order first being obtained shall be at its own risk, cost and expense. 23.) Suretv for hnprovements - Deposit or Letter of Credit - For the purpose of assuring and guaranteeing to the City that the improvements to be constructed, installed and furnished by the Developer as set forth in paragraph 2 above, shall be constructed, installed and furnished according to the terms of this Agreement, and to ensure that the Developer submit to the City as-built plans as required in paragraph 8 and that the Developer pay all claims for work done and materials and supplies furnished for the performance of this Agreement, the Developer agrees to furnish to the City either a cash deposit or an irrevocable letter of credit approved by the City in an amount equal to 150% of the total cost of said hnprovements estimated by the Developer's engineer and approved by the City Engineer. Said deposit or letter of credit shall remain in effect for a period of one year following the completion of the required improvements. The deposit or letter of credit may be reduced in amount at the discretion of the City upon approval by the City of the partially completed Improvements, but in no event shall the deposit or letter of credit be reduced to an amount less than 125% of the cost of the remaining Improvements. At such time as the hnprovements have been approved by the City, such deposit or letter of credit may be replaced by a two year warranty bond. . 24.) Warrantv of Improvements - The Developer shall provide the City with a two year warranty bond for the public improvements as part of the request for final acceptance request. The date appearing on said bond which commences the two year warranty period shall be obtained from the City Engineer prior to the Developer obtaining such bond. 25.) Insurance - The Developer shall take out and maintain during the life of this . agreement public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's work or the work of its subcontractors, or by one directly or indirectly employed by any of them. This insurance policy shall be a single limit public liability insurance policy in the amount of $1,000,000.00. The City shall be named as additional insured on said policy and the Developer shall file a copy" of the insurance coverage with the City. Prior to commencement of construction of the hnprovements described in paragraph 2 above, the Developer shall file with the City a certificate of such insurance as will protect the Developer, his contractors and subcontractors from claims arising under the workers' compensation laws of the State of Minnesota. The insurance coverage required hereby may be supplied by the Developer's contractors and subcontractors, thereby satisfying the requirements of this section. 26.) Tree Preservation Measures - The City has adopted a Tree Preservation Policy ("Policy") which has been incorporated into the City Code. In addition to the Policy, the TJK:IEOs @: Developer has prepared and the City has reviewed a detailed tree preservation plan prepared by Westwood Professional Services, Inc., dated 10 August 1999 ("Plan"). The Developer agrees that the tree preservation measures provided for in the Policy and in the Plan are the responsibility of the Developer, and that the Developer shall also be responsible for any acts of its subcontractors or agents which are in violation of either the Policy 'or the Plan. 27.) Laws. Ordinances. Re2:ulations and Permits - Developer shall comply with all laws, ordinances, and regulations of all regulatory bodies having jurisdiction of the Subject Property, said laws existing during the period of construction, and shall secure all permits that may be required by, but not limited to, the City of Shorewood, the State of Minnesota, the Minnehaha Creek Watershed District, the Minnesota Department of Health, the Hennepin County Transportation Department, and the Metropolitan Waste Control Commission before commencing development of the plat. . 28.) Sewer Charges - The Developer shall pay 51000 per unit for local sanitary sewer access charges (LSSAC) pursuant to Shorewood City Code. As an elderly housing project, the Developer shall receive credit for 40 sewer units. The Developer shall pay LSSAC for 22 units ($22,000) prior to release of the final plat. 29.) Park Fund Payment - The Developer shall pay 51500 per unit to the Park Fund pursuant to Shorewood City Code. As an elderly housing project, the Developer shall receive credit for 40 units. The Developer shall pay 533,000 to the Park Fund prior to release of the final plat. To the City: Zoning Administrator CITY OF SHOREWOOD 5755 Country Club Road Shorewood, Minnesota 55331 TJK:IEOs 7: With a Copy to: Shorewood City Attorney c/o LARKIN, HOFFNIAN, DALY & LINDGREN' , Ltd. 1500 Norwest Financial Center 7900 Xerxes Avenue South Minneapolis, Minnesota 55431 To the Developer: Bill Gleason Sylvia Development, LP 8525 Edinbrook Crossing Brooklyn Park, J\tfN 55443 32.) Proof of Title - Developer shall furnish a title opinion or title insurance commitment addressed to the City demonstrating that Developer is the fee owner or has a legal right to become fee owner of the Subject Property upon exercise of certain rights and to enter upon the same for the purpose of developing the property. Developer agrees that in the event . Developer's ownership in the property should change in any fashion, except for the normal process of marketing lots, prior to the completion of the project and the fulfillment of the requirements of this Agreement, Developer shall forthwith notify the City of such change in ownership. Developer further agrees that all drainage, utility and trail easements provided to City shall be free and clear of all liens and encumbrances. 33.) Indemnification - The Developer shall hold the City harmless from and indemnify the City against any and all liability, damage, loss, and expenses, including but not limited to reasonable attomeys' fees, arising from or out of the Developer's performance and observance of any obligations, agreements, or covenants under this Agreement. It is further understood and agreed that the City, the City Council, and the agents and employees of the City shall not be personally liable or responsible in any manner to the Developer, the Developer's contractors or subcontractors, materialmen, laborers, or any other person, firm or corporation whomsoever, for any debt, claim, demand, damages, actions or causes of action of any kind or character arising out of or by reason of the execution of this Agreement or the performance and completion of the work and Improvements hereunder. . 34.) Declaration of Covenants. Conditions and Restrictions - Developer has provided a copy of the Declaration of Covenants, Conditions and Restrictions of Shore wood Ponds, which Declaration shall include the City as a signatory thereto, for review and approval by the City prior to recording. The Developer agrees to incorporate the following provisions in the Declaration: (01) Private Road. It is understood that the private street within the plat shall be maintained by the Developer or his successors in interest, including the appropriate homeowner's association and will not be accepted or maintained by the City until such time as it is made to conform to the standards which exist for public streets at the time of TJK:IEOs ~: request for acceptance. (02) Elderlv Housing. Occupancy of dwelling units is limited to no more than two (2) adults, sixty-two (62) years of age or older, except that the age limitation need not apply to one adult, live-in, care-provider serving the needs of the primary occupant(s). If such care-provider resides on the premises for more than thirty (30) days, notice must be given to the Shorewood Zoning Administrator. (03) The Developer or homeowner's association shall annually file with the City Clerk and the Zoning Administrator a certified copy of a quarterly resume of occupants of such building or buildings, listing the number of tenants or occupants by age, by unit. 35.) RemediesUpon Default- . (0 I) Assessments. In the event the Developer shall default in the performance of any of the covenants and agreements herein contained and such default shall not have been cured within thirty (30) days after receipt by the Developer of written notice thereof, the City may cause any of the Improvements described in paragraph 2 above to be constructed and installed or may take action to cure such other default and may cause the entire cost thereof, i"neluding all reasonable engineering, legal and administrative expense incurred by the City to be recovered as a special assessment under Minnesota Statutes Chapter 429, in which case the Developer agrees to pay the entire amount of such assessment within thirty (30) days after its adoption. Developer further agrees that in the event of its failure to pay in full any such special assessment within the time prescribed herein, the City shall have a specific lien on all of Developer's real property within the Subject Property for any amount so unpaid, and the City shall have the right to foreclose said lien in the manner prescribed for the foreclosure of mechanic's liens under the laws of the State of Minnesota. In the event of an emergency, as determined by the City Engineer, the notice requirements to the Developer prescribed by Minnesota Statutes Chapter 429 shall be and hereby are waived in their entirety, and the Developer shall reimburse the City for any expense incurred by the City in remedying the conditions creating the emergency. . (02) Performance Guarantv. In addition to the foregoing, the City may also institute legal action against the Developer or utilize any cash deposit made or letter of credit delivered hereunder, to collect, pay, or reimburse the City for: . (a) The cost of completing the construction of the improvements described in paragraph 2 above. (b) The cost of curing any other default by the Developer in the performance of any of the covenants and agreements contained herein. (c) The cost of reasonable engineering, legal and administrative expenses incurred by the City in enforcing and administering this Agreement. TJK:IEOs €I. "' . (03) Additional Remedies. Notwithstanding any other remedy available to the City" under this Agreement, the City may elect to proceed under this paragraph to remedy a violation of Developer's obligations under paragraph 26 hereof. (a) Upon discovery of an apparent violation of the Plan or Policy, the City will notify the Developer in writing of the violation. The notice will contain a description of the circumstances constituting the violation, the provision of the Policy or Plan which is apparently violated, the steps which must be taken to correct the violation and the date by which the compliance must occur. (b) If compliance has not occurred within such time,or if the violation, by virtue of its repeated nature, seriousness or other factors are such that a penalty may be apprbpriate. the matter will be scheduled for a hearing by the City Council at a meeting not sooner than ten (10) days following the date on which written notice is mailed to the Developer. . (c) Following the hearing, the Council shall render its decision in writing. If the Council determines that the Plan or Policy has been violated, (whether .or not the violation has been corrected) it may take some or all of the following actions: (i) impose a monetary penalty of not more than $1000 for each violation. (ii) order that the Developer stop work on all construction for which building permits have been issued; and withhold the issuance of additional building permits until it has received assurances satisfactory to the City that no future violations of the Plan or Policy are likely to occur. (iii) take any other actions or enforce any other remedies available to it under this Agreement, the Policy or the City Code. . (04) Leg-al Proceedings. In addition to the foregoing, the City may institute any proper action or proceeding at law or at equity to abate violations of this Agreement, or to prevent use or occupancy of the proposed dwellings. 36.) Heading-s - Headings at the beginning of paragraphs hereof are for convenience of reference, shaH not be considered a part of the text of this Agreement, and shall not influence its construction. 37.) Severability - In the event any provisions of this Agreement shall be held invalid. illegal, or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. and the remaining provisions shall not in any way be affected or impaired thereby. T]K:IEOs 1Q: . . 38.) Executian .of Ceunterparts - This Agreement may be simultaneausly executed in several caunterparts, each of which shall be an .original, and all .of which shall censtitute but .one and the same instrument. 39.) Censtructian - This Agreement shall be censtrued in accordance with the laws .of the State .of Minneseta. 40.) Successars and Assi2'ns - .It is agreed by and between the parties hereta that the Agreement herein cantained shall be binding upan and inure ta the benefit .of their respective legal representatives, successars, and assigns. IN WITNESS WHEREOF, the parties hereta have caused these presents ta be executed an the day and year first above written. DEVELOPER: CITY: By: T]K:IEOs it ~~ ~ ". >. STATE OF MINNESOTA ss. COUNTY OF HENNEPIN On thisM{,Lday of t1-- j~ /, 1999, before me, a Notary Public within and for said County, personally appeared Woody Love and James C. Hurm to me personally known, who, being each by me duly sworn, did say that they are respectively the Mayor and City Administrator/Clerk of the municipal corporation named in the foregoing instrument, and that said instrument was signed and sealed on behalf of said corporation by authority of its City Council, and said Mayor and City Administrator/Clerk acknowledged said instrument to be the free aC~~1'1~~~lt~~1~. I THERESA L. NAAB I NOTARY PUBLIC. MINNESOTA ., eo...... ,"'......... "" . . ~'1f~~ . Notary Public STATE OF MINNESOTA ss. COUNTY OF HENNEPIN The foregoing instrument was acknowled d before me this day of , 1999, by , President of Sylvia Development, LP, a Minnesota limited partnership, pursua to the provisions of Minnesota Statutes Chapter 515B, known as the Minnesota Common terest Ownership Act, for the purpose of creating Common Interest Community Number 33, Shorewood Ponds, a planned community. . Notary Public THIS lNSTRUMENT WAS DRAFTED BY: The Shorewood Planning Department APPROVED AS TO FORM AND CONTENT BY: Larkin, Hoffman, Daly & Lindgren, Ltd. 1500 Norwest Financial Center 7900 Xerxes Avenue South Minneapolis, Minnesota 55431 (TJK) 1JK:IEOs 1:;1. . . EXECUTION PAGE TO BE ATTACHED TO AND A PART OF THE CITY OF SHOREWOOD PLANNED UNIT DEVELOPMENT AGREEMENT FOR SHOREWOOD PONDS P. U .D., BETWEEN THE CITY OF SHOREWOOD AND SYLVIA DEVELOPMENT LP, A LIMITED PARTNERSHIP, DATED EFFECTIVE OCTOBER~, 1999, AND CONSISTING OF ~ PAGES, EXCLUSIVE OF EXECUTION PAGES. .Mll/'Nll'AfNdti~. ~ : , JANET L. BURKE ~ ~ r:;:~. :,IOTARYPUBLlC.MINNESOTA ~, ..~-!t'~f,~} ANOKA COUNTY . s .. ....,.:.:'!"'-.;, PO' I h, !:_.' '.o.j ~~~:" ~ ~~, "..';,:~:~~~. .~' ....t Comm.33I"~' r...'\~ir~a J~n. 0 ,l.lI~'.I S '1'$ v)..;.>J...;-'I..j~.I"" \J~~'v../t-illl.j'';''i''.lVV';'v\i\J...ivVVV.JwvV ~ P:\Auomcy\1I.B\DocwnelUS\Sylvia-Sirnarun:~Ack.PaB'e.wpd DEVELOPER: SYLVIA DEVELOPMENT LP, a Minnesota limited partnership By: By: SYLVIA DEVELOPMENT, INC., a Minnesota corporation, its General Partner AA~~.JL,- '#-- Robert W. Schmidt Its President l2.,r L 4L NotarY Public Pnrcel1 The West 10 rods of the easterly 20 rods of lot 98, Auditor's Subdivision Number One Hundred Thirty-Three (133), Hennepin County, Minnesocn. The E.1Srerly 10 rods, frOnt and re~r, of Loe 98, Auditor's Subdivision Number One Hundred Thirty-Three (133), Hennepin County, Nfinnesota, Loe 23, Meeker's Outloes of Excelsior, Parcel :2 That Parcel of land located in Hennepin County, Minnesota, described as follows: Loe 74, Auditor's Subdivision No. 133, according to [he plat thereof on record at rhe ot"fice of the Register of Tirles, Hennepin County, Minnesota. Conraining 136,343 square feet more or less. .. Parcel 3 Pan of the Southeast quarter of the Sourhenst quarter of Section 32, Township 1 17,. Range 23 in Hennepin County Minnesota. Exhihit A Legal Description . . CITY OF SHORE'YVOOD RESOLUTION NO. 99- OOS A RESOLUTION APPROVING THE CONCEPT PLAN FOR SHOREWOOD SENIOR HOUSING (EAGLE CREST NORTHWEST, INC.) PLANNED UNIT DEVELOPMENT WHEREAS. Eagle Crest Northwest. Inc. (the "Applicant") has an interest in real property located in the Ciry of Shorewood, County of Hennepin, legally described in Exhibit A. att:J.ched hereto and made a part hereof; and . 'YVHEREAS, (he Applicant has applied to the City for approval of a Concept Plan, attached heretO as Exhibit B, for the construction of a residential planned unit development known as Shorewood Senior Housing conraining 62 dwelling units on approximately 19 acres of land; and 'YVHEREAS, the project is proposed as senior housing, pursuant to the requirements of 1201.03 Subd. 20 of the Cicy Code; and WHEREAS, rhe Applicant's request has been considered by rhe City Planner. and 'YVHEREAS, Applicant' brought a lawsuit against the Cicy seeking approval of an 80 unit senior housing development; and \-VHEREAS. resolution of the lawsuit is possible by allowance of the senior housing Concept Plan attached hereto as Exhibit B. NO\-V, THEREFORE, BE IT RESOLVED by the Cicy Council of the City of Shorewood as follows: . FIr'ffiINGS 0 F FA CT 1. The Property is located in the northwest quadrant of the intersection of Eureka Road and State Highway? 2. The property consists of three parcels containing a total land area of approximately 19.08 acres, of which 2.77 acres exists as Ciry-designated wetland. .., ;). The net area of the property, after subtracting City-designated wetland and public street right-of-way, is 14.86 acres, of which 4.79 acres is located in the R- IA, Single Family Residential District, and 10.07 acres is located in the R-IC, Single-Family Residential District. 4. Land use and zoning surrounding the property is as follows: West: North: East: Freeman Park ball fields; zoned R-lC Freeman Park wetland; zoned R -1 C Eureka Road. then vacant and one single-family dwelling: zoned R-IA State Highway 7. then Chanhassen; zoned residential South: Exhihit B Shorcwood Res. No. 99-008 - Resolution No. 99- OOS Page 2 of :4 8. Based upon the not are:l and zoning of the subject property, the Zoning Code would allow as many as 108.58 unitS of elderly housing. 9. Eureka Road. a designated collector street abutting the east side of the property, is substandard in terms of right-of-way width. The Applicant proposes to dedicate an additional l3.5 feetofr.o.w. for Eureb Road. . 10. Required building setbacks at the pe..riphery of the property are as follows: From State Highway '7: 50 feet for the R-I A portion of the site, 40 feet for the R-IC portion From the west property line: 40 feet From Eureka Road: 50 feet From the City-designated wetland: 50 feet: 11. The Applicant proposes to develop the property over two construction seasons. 12. The Shorewood Zoning Code limits elderly housing units in single-family zoning districtS to one and one half stories. The Applicant proposes single-story, structures. 13. The Shorewood Zoning Code requires at least two parking spaces per dwelling, of which one must be an enclosed garage. The Applicant proposes two garage spaces for each dwelling unit, plus additional parking in front of each garage. . 14. City sewer is available to the property from Eureka Road. City, water is available 'to the property from Freeman Park. Although preliminary tests indicate that fire flow may noc be adequate to serve the project. the Fire Marshal has stated that sprinkling the residential units may be acceptable. CONCLUSIONS A. The Applicant's request for approval of a Concept Plan for the Shore wood Senior Housing P.U.D. is subject to the conditions of approval as see forth below: I . Provide a plan for parking on the public street and the internal roadway system. Resolution No. 99- DOS Page 3 of 4 3. 4. 5. 6. 7. . 8. II. . 12. 13. 14. 2. Provide additional r.o. w. for Eureka Road between rhe new road and Highway 7. Coordinate upgrade of Eureka Road with NfNDOT improvements. Incorporace pedestrian facilities into plans and tie into Freeman Park trail system. Park Commission should comment on crail recommendation in #4. Above. Avoid wetland buffer where feasible, enhance protection measures where encroachment is necessary. Draft protective covenants (with Cicy as signatory) providing for occupancy requirements consistent with the approval herein and for the future maintenance of pnvaee roadway system and any other common areas. Require significant (size and quancirr) landscaping to provide buffers along park boundary, Highway 7 and Eureka' Road. Design should include evergreen trees and shrubs for year-round effectiveness. 9. Tree preservation plan should identify existing sice vegetation. Plans may need co be modified to preserve significant trees on south side of wetland. 10. Plans for the project shall comply with the drainage requiremenes of the iYlinnehaha Creek Watershed District with respect to quantity and quality of scormwater runoff. The amount of onsire ponding shall be sufficient to bandle the amount of impervious surface proposed for the property. Tne development of the property will comply with the requiremenes of Shorewood's Tree Preservation and Reforestation Policy. The development of the property shall comply with the requirements of Shorewood's WetJandCode. Development Stage plans shall address fire flow adequacy. If necessary, City agrees the structures shall be constructed with an internal sprinkler system. It is understood that the Applicant does not intend to provide services which are exclusive to the elderly and that occupancy of the dwelling units will be limited ro persons 62 years of age and older, pursuant ro City, Stare and Federal requirements. 15. Within the Development Stage plan review the City shall explore ways to mitigate any impact of traffic associared with the project on the surrounding neighborhoods, however, overall traffic impact from the development shall not be a basis for denial at development stage. ~ Resolution No. 99- 008 Page 4 of 4 16. The Applicant's Development Stage plans should include a pedestrian crail system along the west side of Eureka Road and along the so'uth side of the wetland area, eying into the Freeman Park trail system. 17. Development Stage plans shall include a landsc:lping plan to provide buffering. B. City Council approval of the Concept Plan is subject to all applicable st:lndards, regulations, and requirements of the Shore wood Ciey Code, including" bur not limited to the following: 1. Section 1101.04, Subd. I, regarding the procedures for review and approval of conditional use permits; ? -, Section 1201.06, Subd. 3, regarding special procedures for the establishment of a P.U.D. by conditional use permit; . . 3. Section 1101.03, Subd. 20, regarding~the special requirements for elderly housing projects; 4. Section 1201.25, Subd. 6(b)(l), regarding the purpose of concept plan approvaL C. Approval of the Concept Plan is not intended, nor does it act to grant approval of a Development Stage Plan or Final Stage Plan which are required pursuant to Section 1201.25, Subd, 5(c) and (d). Density is approved for up to 62 units, subject to reduction if that is necessary to comply with wetland or other regulations. The application of Eagle Crest Northwest, Inc. for approval of the Concept Plan for the Shorewood Senior Housing P.U.D. as set forth above is hereby approved. . ADOPTED by the City Council of the CiI1ShO~W~ 8th day of February, ~I 1999. . _' __ J 'WOODY LOVE, MAYOR . 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