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040901 CC Reg AgP '1') '~ .. .. . . -" CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, APRIL 9, 2001 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. AGENDA 1. CONVENE CITY COUNCIL MEETING A. Roll Call B. Review Agenda Mayor Love_ Garfunkel_ Lizee I -r- Zerby _ Turgeon _ 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes of March 26, 2001 (Att.-#2A Minutes) B. City Council Work Session Meeting Minutes of March 26, 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 removedfrom the Consent Agenda. Comments can be taken or questions asked following removalfrom Consent Agenda. A. A Motion to Approve the Verified Claims List (Att.-#3A Claims List) B. A Motion to Approve an Agreement with the Minnetonka Public Schools Community Education and Services for Lifeguard Services for Crescent Beach (Att.#3B Agreement) C. A Motion to Approve a Sign Permit for AAA Travel (Att.#3C Planning Director's memorandum) 4. MAITERS FROM THE FLOOR (No Council action will be taken.) 5. PARKS - Report by Representative 6. PLANNING - Report by Representative 7. GENERAL A. A Motion scheduling the second City Council meeting in May for Tuesday, May 29, 2001 (City Administrator's memorandum) 1;;.> CITY COUNCIL AGENDA - April 9, 2001 'J. 4 Page 2 of 2 '" 8. ENGINEERlNGIPUBLIC WORKS 9. REPORTS A. Administrator & Staff 1. Gideon Glen 2. Skate Park 3. Eddy Station 4. County Road 19 Intersection 5. Legislative Update B. Mayor & City Council 10. ADJOURN . . - - t. CITY OF SHOREWOOD CITY COUNCIL MEETING APRIL 9, 2001 PUBLIC SIGN-IN SHEET For the record, please print your name and address below. Thank you. Name Address 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128. www.ci.shorewood.mn.us. cityhall@cLshorewood.mn.us ExecutiveSunnnary Shorewood City Council Regular Meeting Monday, 9 April 2001 '. \ . :- " , I ! . A Work Session Meeting will be held immediately following the Regular Council meeting this evening. Agenda Item #3A: Enclosed is the Verified Claims List for Council approval. Agenda Item #3B: This item is the annual agreement for Lifeguard Services and Swimming Lessons at Crescent Beach through the Minnetonka Public Schools Community Services. The fees are in accordance with the budgeted amount for the year 2001. It is recommended for approval by the Council. '".~ .. Agenda Item #3C: Leroy Signs, on behalf of AAA Travel, has requested a sign permit for the Shorewood Village Shopping Center. Except for lettering style, the application is consistent with the overall sign plan for the Shopping Center that was approved by conditional use permit in 1999. The staff report points out that recent sign violations at the Shopping Center have now been corrected. The Planning Director recommends approval of the permit subject to a revision in the lettering to comply with the sign plan. Council approval requires a simple majority vote. Agenda Item #7 A: The second City Council meeting of May falls on the Memorial Day holiday. When this has occurred in past years, Council rescheduled the meeting for the Tuesday following the Monday holiday. Council will need to make a motion setting May 29,2001 as the date for the second meeting in May. '," ft ~~ PRINTED ON RECYCLED PAPER , . . CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, MARCH 26, 2001 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING t) Mayor Love called the meeting to order at 7:01 P.M. A. Roll Call Present: Mayor Love; Council Members Garfunkel, Lizee and Turgeon; Administrator Dawson; Attorney Keane; City Engineer Brown; and Planning Director Nielsen Absent: Council Member Zerby B. Review Agenda Mayor Love reviewed the agenda. Lizee moved, Turgeon seconded, approving the agenda as presented. Motion passed 4/0. 2. APPROVAL OF MINUTES A. City Council Special Meeting Minutes, March 12, 2001 Lizee moved, Garfunkel seconded, approving the City Council Special Meeting Minutes. of March 12, 2001, as presented. Motion passed 4/0. B. City Council Regular Meeting Minutes, March 12, 2001 Lizee moved, Turgeon seconded, approving the City Council Regular Meeting Minutes, as amended on Page 1 under Roll Call, changing none absent to Director Nielsen absent. Motion passed 4/0. 3. CONSENT AGENDA Garfunkel moved, Turgeon seconded, approving the Motions contained in the Consent Agenda and Adopting the Resolutions therein: A. A Motion Approving the Payment of Verified Claims. B. A Motion Adopting RESOLUTION NO. 01-021, "A Resolution Proclaiming Arbor Day as Saturday, April 28, 2001." C. A Motion Awarding Contract for Spring Cleanup Services. Motion passed 4/0. 4. MATTERS FROM THE FLOOR There were none. :#~ft CITY COUNCIL REGULAR MEETING MINUTES MARCH 26, 2001 Page 2 of 10 .. i " 5. PARKS A. Report on Park Commission Meeting Held March 13, 2001 Commissioner Berndt reported that the Commission discussed where to plant a tree for Arbor Day; various options in regards to telephones at the Skate Park, as well as naming the park itself; the status of concessions at Eddy Station; and the problem of dog feces at Freeman and on the trails. Berndt shared with the Council that the Commission is examining the opportunity to include other cities in the Skate Park naming process. She also noted the possibility of tying in a sponsor, such as the Veterans, as a part of the naming process. Turgeon asked if progress had been made in finding a concessionaire for Eddy Station. Brown reported that he has met with a supplier to discuss inventory control options for potential vendors to operate the concessions on a trial basis. He also noted that many vendors who moved south during the fall and winter months to operate their concessions are now just returning, and he is aggressively pursuing any interest they might express. Mayor Love inquired over the use of vending machines. Brown indicated that vending was part of the Park Commission's back-up plan and that Midwest Vending would be able to .. supply machines with a ten-day notice. Turgeon inquired how the Park Commission would propose tracking violators who do not pick up after their pets. Berndt said that the Commission might have to consider disallowing dogs from the park and limit their presence only to the wooded areas. Engineer Brown added that he has received many more calls this year than last, and is concerned about the potential health hazards these feces. may pose, especially near the "tot lot" area. Lizee commented that schools simply do not allow dogs on the playgrounds, and perhaps, the City will need to consider this option. Mayor Love appreciated the Commission's expedience on this issue and reminded everyone that the first priority of our parks is to supply our residents with a place to recreate, and not our dogs. B. A Motion to A ward Contract for Installation of Skate Park Equipment Brown reported that after much consideration of the various proposals and layouts offered by vendors for the Skate Park, the design committee and staff recommend that a contract be awarded for the Skate Park Equipment. The vendor chosen was Ramptech, Inc. whose bid of $19,010.50 offered the best proposal. . Brown indicated that the Skate Park Budget is made up of $22,718, which has been collected, with another $1,000 pledged. As reflected in his breakdown, Brown believed additional fundraising would be advantageous to the project. Lizee moved, Turgeon seconded, approving the contract be awarded to Ramptech, Inc. in the amount of $19,010.50. Motion passed 4/0. Mayor Love suggested that the Skate Park be referred to as the South Lakes Skate Park until officially named, out ofrespect to the many donors. Dawson added that April 25, 2001, has been selected as the date other South Lake communities will be invited to share in the naming process for the Skate Park. 6. PLANNING Woodruff reported on the March 20, 2001, Planning Commission Meeting and Joint City Council meeting that followed that evening. The first matter of business the Commission addressed was the 5/0 approval of the staff Findings of Fact regarding the Russell property at 26080 Birch Bluff Road before moving onto the Joint Study Session. CITY COUNCIL REGULAR MEETING MINUTES MARCH 26, 2001 Page 3 of 10 Following the Regular Meeting, the joint Work Session gave the Commission an opportunity to review its 2001 Work Program with the City Council. Based on input from Council, the Commission will address the areas that were leftover from last year, which did not get properly addressed. These include a study on organized refuse collection and the senior housing study update, among others which will show up on the revised work program that Director Nielsen is putting together. A. A Motion to Direct Staff to Prepare a Resolution Regarding an Appeal to the Zoning Administrator's Interpretation of the Zoning Code Appellant: James Russell Location: 26080 Birch Bluff Road . Director Nielsen reported that last November Mr. James Russell applied for a variance to build a new foundation under a cabin he owns at 26080 Birch Bluff Road. This variance was required because the cabin does not comply with the setback requirements of the RI-CIS Zoning district and the property is subject to shoreline management regulations. There were two staff reports recommending in favor of the variance with some conditions. The Planning Commission voted 3/2 to deny the variance. Mr. Russell then went to the City Council. However, before Council took any action, he withdrew his request for a variance stating he disagreed with the staff and Zoning Administrator's interpretation that a variance was needed in this case. He has since filed an official appeal of the Zoning Administrator's interpretation of the ordinance citing a provision in the ordinance that allows alterations to be performed on nonconforming structures that will improve the livability of those structures. He reviewed the March 1, 2001, staff report explaining the appeal process and how the provisions provide for the Zoning Administrator's decision. Director Nielsen went on to identify the distinction between two kinds of nonconformities: first, there are nonconforming ''uses''; and second, nonconforming "structures", where the use is allowed under zoning but the dwelling itself does not meet performance standards. He pointed out that nonconforming uses are handled much more strictly than nonconforming single-family structures. e Director Nielsen pointed out that what is in question is whether what Mr. Russell is proposing to do is to be considered a structural alteration or simply a repair to what is there. Nielsen maintained that the ordinance provides that "nonconforming structures and uses are not to be permitted to continue without restriction..." . Director Nielsen went on to share that provision l.g points out that if a nonconforming structure is damaged more than fifty percent of its fair market value, the structure and land is then subject to all the regulations specified by the zoning regulations for the district in which they are located. On the other hand, if the damage is under 50% of its value, the structure may be restored to its former extent. Nielsen pointed out that one exception exists. Single-family residential units may be rebuilt on nonconforming lots of record, provided that setbacks are complied with to the extent possible. Finally, Nielsen noted that the assessor has placed an extremely low value on the structure, approximately $1,000. He maintained that with this in mind, if the foundation and roof are indeed destroyed, a question relative to this provision arises. The assessor will reevaluate the property if need be. Director Nielsen reminded everyone that in the original variance request, staff recommended approval of Mr. Russell's application provided he would turn the structure slightly. As long as he had the building lifted, he could then build a new foundation under it, so as to better meet the current building codes. Most recently, the Planning Commission approved Findings of Fact to support the decision of the Zoning Administrator with a 5/0 vote. CITY COUNCIL REGULAR MEETING MINUTES MARCH 26, 2001 Page 4 of 10 Mayor Love reviewed the process of Appeal for the Council and Mr. Russell. James H. Russell, owner of the property at 26080 Birch Bluff Road, addressed the Council. Mr. Russell stated that there was one question facing the Council that evening, which was whether he could replace a deteriorating foundation under a nonconforming single-family dwelling. Furthermore, whether the Findings of Fact submitted by the Planning Commission are correct and whether its conclusions are consistent with the ordinance. While Mr. Russell pointed out there was no dispute with the first three findings, number four of the findings, which restricts the alteration of nonconforming structures, brought attention to the fact that there are also exceptions to those restrictions. He maintained that the ordinance contains a conflicting statement that "any structure ... shall not be enlarged, extended, or structurally altered..." and goes on to say "except as hereinafter specified...". With that in mind, Mr. Russell maintained that the Planning Commission has turned the ordinance reference of some into all structures, and he submitted that this is an impermissible enlargement. Mr. Russell also posed questions and provided an outline on his argument page handout, which he . reviewed, for the Council. He referenced the differences contained in the ordinance between nonconforming non-residential structures and nonconforming residential structures and the exceptions therein. While non-residential structures "shall not be enlarged, extended, or structurally altered", residential structures "may be expanded" and "alterations may be made when they will improve the livability thereof'. He added that many of the limitations contained in the ordinance apply to non- conforming uses and not to residential use. Mr. Russell argued that Sections l.j and l.k both support his position and allow him to make the alterations he proposes in order to improve the livability of his structure. Mr. Russell maintained that he is merely asking to replace an existing foundation that is broken. The original full perimeter foundation was not poured deep enough and did not go beyond the frost line, as it was not required in 1880. For the past 30 plus years shimming has only provided a temporary fix, and Mr. Russell would like to permanently solve this problem. He found that little is mentioned in the ordinance about maintenance except in section 1.i and that he found that this only applies to nonconforming uses. Mr. Russell stated that his desire is to fix the hole in the roof and repair the foundation. Based on the . valuation notice he received from the assessor, it was obvious to Mr. Russell that the assessor did not think much of his building. Originally built in 1880, his father purchased the property in 1950 and Mr. Russell was shocked to find that the assessor saw such little value in this charming piece of property. He indicated that he was shocked and disputed the assessor's assessment of the value. In conclusion, Mr. Russell asked the City Council to overrule the Planning Commission's ruling and the Zoning Administrator's interpretation of the ordinance. Mr. Russell reiterated that he is merely seeking to replace a cracked and settled foundation, which is really only maintenance, and not prohibited by the ordinance on single-family residential units. He maintained that a better foundation fits the category of maintenance and also fits as an alteration improving livability because the door and window alignment is a constant problem with the existing broken and settling foundation. Mayor Love thanked Mr. Russell for his presentation and asked if he would take questions at this time. Mayor Love began by asking for clarification on whether the current foundation would be considered a floating foundation. CITY COUNCIL REGULAR MEETING MINUTES MARCH 26, 2001 Page 5 of 10 Mr. Russell indicated that it is a poured foundation built in 1880, thus was not dug to the frost level of 42". He continued that there is cement pad every twelve feet and supporting beams. His proposal is to lift the home, dig down the 42" and place footings and finally pour a permanent foundation. Council Member Turgeon reminded everyone that the discussion this evening revolves around whether Mr. Russell needs a variance period. It does not address the particulars of moving the home or the conditions attached to an earlier variance request. Lizee asked for clarification from Attorney Keane as to what vote would be required this evening. Attorney Keane noted that a simple majority vote could call for new Findings of Fact for the Appeal to study whether a variance is necessary. A four-fifths vote would be required to overturn the interpretation of the Zoning Director. Mayor Love asked for discussion and/or a motion from the Council. . Turgeon stated that she did not disagree with the Planning Commission's recommendation. She maintained that the intent of the ordinance is to bring nonconforming structures and. their uses into conformity as much as possible. She viewed pouring a new foundation as not merely a repair, but a structural alteration. Based on this perspective, it fits within the ordinance and requires a variance. Garfunkel shared his view that the ordinance does have conflicted wording and could be read either way. However, he cautioned the Council by asking what its goal is, whether it is to just let the building collapse in disarray or allow the repair to take place. Mayor Love admired the interesting argument raised this evening. He recognized that the existing cabin foundation has served it well over the years, but now that it is in need of restoration, this may be the time to consider getting the building into conformity. Turgeon moved to uphold the Planning Commission's recommendation and the Zoning Administrator's decision. The Motion failed for lack of a second. . Garfunkel moved to grant the Appeal to Mr. Russell of the Zoning Administrators interpretation of the ordinance. Mayor Love asked for clarification from the Attorney as to what vote would be required to overturn the Zoning Administrator's findings. Attorney Keane stated that the approval of the Appeal. would require a four-fifths vote, but a simple majority could support a second set of Findings of Fact. With this in mind, Garfunkel amended his motion based on his judgment that if Mr. Russell is not allowed to repair his building it will be unlivable. The windows and doors will not work etc. Garfunkel went on, that while he understands the goal is to have a conforming building as much as possible, there is conflicting wording in the ordinance. Garfunkel amended his Motion by moving to bring back Findings of Fact to support the overturn of the Zoning Administrator's decision. Liue seconded the Motion. Mayor Love summed up by saying that controversy, such as in this case, is what keeps a community vibrant. He stated that he personally views this proposal as a change from a summer cabin to a permanent dwelling. Mayor Love added that how we maintain the charm of our community is one of the problems our lake community faces daily. CITY COUNCIL REGULAR MEETING MINUTES MARCH 26, 2001 Page 6 of 10 John Russell, James Russell's son, argued that the existing foundation couldn't be termed a floating foundation. It is the same full perimeter foundation found under most homes, but built prior to the 42" requirement. James Russell went on to explain the 1881 plat and how the home came to be situated as it is. Motion failed for lack of a Majority Vote, with Garfunkel and Lizee voting in favor of the Proposed Findings of Fact, and Mayor Love and Turgeon opposed. Attorney Keane advised the Council to continue this matter when a full Council is present in order to get the required majority. Turgeon moved, Liue seconded, to Continue the Discussion of this Matter until the Meeting of April 23, 2001, when all City Council members would be present. Motion passed 4/0. B. A Motion to Adopt RESOLUTION 01-022 Approving a Final Plat and Authorizing the Mayor and City Administrator to Enter Into a Development Agreement for Manitou Woods . Applicant: Roger Anderson Location: 5580 Manitou Road Director Nielsen reported that this item was approved last year, however, since that time the ownership has changed and the legal work needs to be redone. A simple development agreement for the property is attached. Nielsen also relayed that the developer has requested to pay half of the municipal water charges as a part of the plat and pay the remaining charges with building permits. Nielsen maintained that beyond that, the builder has provided everything the City has asked for and it is staffs' recommendation that the development agreement be approved. Turgeon moved, Lizee seconded, approving a Final Plat and authorizing the Mayor and City Administrator to enter into a Development Agreement for Manitou Woods. Motion passed 4/0. GENERAL A. Report from the Lake Minnetonka Conservation District (LMCD) on Water Patrol Funding . Tom Skramstad, of the LMCD, reviewed his report on water patrol funding. In his report he answered several questions posed by the City Council during his visit last month. In response to the first question, the funding request is for two boating seasons 2001 and 2002, as Hennepin County should be picking up responsibility for the project by then. He then referred to the boat storage and usage numbers, as well as, the boater opinion and attitude reports from 1996 and 2000 included in his report. Skramstad indicated that specific ticketing, accident and warning information is not available for Lake Minnetonka alone, but only for Hennepin County as a whole. Finally, Skramstad explained that the LMCD plans to measure the effectiveness of the additional deputies by keeping lines of communication open between themselves and the deputies, as well as, member cities. They will also be attempting to develop a survey instrument to be administered at marinas and boat landings to evaluate boater's experiences and attitudes. Skramstad reported that to date, the LMCD has received support from 10 LMCD member cities, and would like to count on Shorewood's contribution of $3285 this year. Garfunkel questioned the need for increased patrol on Lake Minnetonka. He asked to analyze the data CITY COUNCIL REGULAR MEETING MINUTES MARCH 26, 2001 Page 7 of 10 Skramstad referred to himself and wondered if the patrol is truly enforcing the law or merely the culture the lakes provide. He saw little evidence of increased citation use. Garfunkel voiced concern whether increased patrol is the answer or if more citations being given out would be. Mayor Love pointed out he believed that it is the sense of presence of the law enforcement officials that often keeps people from breaking the laws in the first place. Lizee complimented Skramstad on his representation of the City on the LMCD and putting this report together for the Council. She did not believe it unreasonable for the City to donate $3285 to the LMCD in comparison to what is given to other parks and recreation. Turgeon inquired as to whose responsibility it is to educate the public on what is acceptable on the lakes. Mayor Love replied that information is mailed out to boat owners annually and advertised at marinas. LMCD Director Nybeck indicated that watercraft operator permits would be a useful tool and a potential requirement down the road. Skramstad also added that often the patrollers can educate, as well as enforce the law. . Lizee moved, Turgeon seconded, to approve a two-year commitment for the Water Patrol funding for the LMCD in the amount of $3285 for 2001, and an amount not to exceed a 10% increase for 2002. Discussion resumed, with Garfunkel reiterating the responsibility for law enforcement on Lake Minnetonka belongs to the County, and ultimately Hennepin County should be responsible for the funding. Turgeon asked the LMCD to keep Shorewood up to date on the progress of the project. Motion passed 3/1, with Garfunkel dissenting. B. Report from LMCD, Represented by Tom Skramstad . Skramstad reported on the Upland Farms project and concern over the dredging of Six Mile Creek and the installation of a marina upstream. The LMCD feels that this area of Six Mile Creek is under their jurisdiction and it is seeking comment from other agencies, including the DNR, MCWD etc., about the development and environmental impact it will have. Mayor Love voiced his concern over the precedent it sets for repairian access, as well as, how the dredging will effect the water quality of Halsteads Bay. C. Consideration of a Request from Excelsior Area Chamber of Commerce for City Representation to the 4th of July Committee and Financial Support Linda Murrell, Executive Director of the Excelsior Area Chamber of Commerce, explained that once again the Fourth of July Committee is asking each of the South Lakes Cities for financial support to offset the cost of police and sanitation. She thanked Shorewood for its past support and asked the City to at least match its prior contribution of $1,000. She added that other fundraising efforts including the spring boat show bring in additional monies. This year they have also bought out the Old Log Theatre for a performance in April and are selling tickets to that event in an effort to ,raise an additional $6,000. Murrell shared several of the events planned for the celebration, including the recent commitment of the Minnesota Orchestra to play, a kid's parade, sand castle building, the fireworks themselves and many more activities. Administrator Dawson indicated that both Deephaven and Excelsior will be contributing $1,200 each. CITY COUNCIL REGULAR MEETING MINUTES MARCH 26, 2001 Page 8 of 10 Lizee, as the City of Shorewood Representative to the Committee, commented that she has seen how hard. this group works to make this event a huge South Lakes success. Lizee moved, Turgeon seconded, increasing the contribution to the 4th of July Committee from the $1,000 donated last year to $1,500 this year. Motion passed 4/0. D. A Motion to Approve Amendments to the Park Foundation Bylaws Administrator Dawson reported that the Park Foundation has refocused its purpose and structure in an effort to be an effective organization for the City of Shorewood. After reviewing its by-laws and making a number of amendments to them, the Board of Directors is looking for City Council approval. Mayor Love invited Kenneth Dallman, Chair of the Park Foundation, to speak. Kenneth Dallman, of 5780 Eureka Road, indicated that the original intent of the Foundation was to serve as a communications forum for persons or organizations using or interested in the Shorewood Park and no longer fits. In the beginning the Foundation tried to be a little too large and be something to all people. . The reduction of members from 15 to 21 down to 7 to 9 makes for a far more manageable group and more accurately reflects the level of participation that has occurred over the past few years. Refocusing its efforts on fundraising could aid the park system by both expediting planned and unplanned capital improvement projects. Garfunkel moved to approve the amendments to the Park Foundation by-laws. Turgeon seconded. Discussion resumed. Lizee questioned if p. 3, 4.04, the statement that "Essentially, anyone with an interest in raising funds for the betterment of the parks..." is an open invitation to anyone. Is it necessary then to specify whom the diverse group of people attempts to represent as on the memorandum. Mayor Love asked Dallman if the by-laws could delete the specific categories from which membership would be most desirable. Dallman felt this would not be a difficult task, but that letters will be sent out to the various civic and sports organizations telling them about the new Park Foundation vision and inviting membership. Garfunkel moved, Turgeon seconded, to remove the specifications of membership on p. 3, 4.04, and approve the amendments to the Park Foundation by-laws. Motion passed 4/0. . E. A Motion to Designate a Representative to the Mound Fire Commission Mayor Love reported that Administrator Craig Dawson has volunteered to act as representative to the Mound Fire Commission. Lizee moved, Turgeon seconded, the designation of Craig Dawson to the Mound Fire Commission. Motion passed 4/0. 8. ENGINEERINGIPUBLIC WORKS Engineer Brown had nothing further to report. .., CITY COUNCIL REGULAR MEETING MINUTES MARCH 26, 2001 Page 9 of 10 9. REPORTS A. Administrator & Staff 1. Gideon Glen Nielsen reported that he had met with Mayor Love and consultant Dan Dickel to discuss potential grant programs that might help fund the improvements on the property, and perhaps even offset the purchase price of the property. Dickel is in the process of developing a concept plan for the property; however, this will have to be delayed until the weather improves. He shared that they are also working oq establishing an Advisory Committee made up of representatives from the LCEC, Planning and Park Commissions, and up to three neighbors. An ad will be placed in the paper recruiting the public or neighborhood representatives to the Advisory Committee soon. 2. Skate Park . Nothing further to report other than that he will be ordering the equipment. 3. Eddy Station No change until the weight restrictions are lifted, the weather breaks and the snow melts. 4. County Road 19 Intersection Brown reported that he has spoken to Bruce Polacyzk, of Hennepin County, and reaffirmed that the project is moving forward in their capital improvement program. It is interested in learning more about our discussions with the City of Tonka Bay and what provisions are being made to deal with the liquor store. Brown will be sending him a letter reiterating the City's desire that this move into construction next year. 5. Freeman Park Access Closure . Brown reported that the City has been working with MnlDOT over the past few years with various access closures. Specifically, MnlDOT has asked that the south access from Freeman Park to Highway 7 be closed. A previous Council approved that closure long ago. However, due to unforeseen circumstances in negotiations with the state, the City has gone back to the state and said it hadn't been treated fairly in other projects; therefore, it will require additional funds to the City to make that closure happen. Brown indicated that, in an unprecedented move, the state extended the funding out one year and added another $20,000 to it due of our actions. 6. Legislative Update Administrator Dawson reported that the phosphorus-free lawn fertilizer legislation that Attorney Keane, Mayor Love, and himself have been working on has now made it through the Senate Environmental Committee to become a Bill. The bill regulates not just the use but sale as well. The Senate File #1789 will be heard next week. He voiced his gratitude to those that have aided in the support of this legislation at both the local level and Senate, and pointed out that more and more City's are offering their support. Dawson stated that he and Deputy Clerk Jean Panchyshyn have attended redistricting workshops. It is hoped that redistricting be accomplished by the end of this legislative session. There is a March 2002 CITY COUNCIL REGULAR MEETING MINUTES MARCH 26, 2001 Page 10 of 10 ... deadline on the process, however. As a high priority, the City hopes to accomplish redistricting this year. B. Mayor & City Council Mayor Love shared that there has been great interest expressed by the SLMPD and EFD boards to continue examining a joint facility. Mayor Love invited the public and especially the press to stay for a work session scheduled immediately following the Executive Session to discuss a Community Visioning Process. 10. EXECUTIVE SESSION Lizee moved, Turgeon seconded to recess to Executive Session. Motion passed 4/0. The Executive Session commenced at 9:27 p.m. The item under consideration was a matter of litigation. Lizee moved, Turgeon seconded to close the Executive Session and return to the regular . meeting at 9:34 p.m. Motion passed 4/0. 11. ADJOURNMENT Lizee moved, Turgeon seconded, adjourning the City Council Regular Meeting of March 26, 2001, at 9:35 P.M. Motion passed 4/0. RESPECTFULLY SUBMITTED. Kristi Anderson Recording Secretary Woody Love, Mayor . Craig W. Dawson, City Administrator (; . . CITY OF SHOREWOOD CITY COUNCIL WORK SESSION MEETING MONDAY, MARCH 26, 2001 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 8:00 P.M. or immediately following Regular meeting MINUTES 1. CONVENE CITY COUNCIL WORK SESSION MEETING [1. r1 ..~.'~ '.. ~ .. ft' io' Mayor Love called the meeting to order at 9:40 P.M. \) A. Roll Call Present: Mayor Love; Council Members Garfunkel, Lizee and Turgeon; City Administrator Dawson; Director Nielsen; and Planning Commissioner Woodruff Absent: Council Member Zerby B. Review Agenda Lizee moved, Garfunkel seconded, approving the agenda as presented. Motion passed 4/0. 2. DICUSSION ON COMMUNITY VISIONING Administrator Dawson introduced Bruce Chamberlain, Vice-President of the Hoisington Koegler Group Inc., to explain how his firm plans to maintain and enhance the quality of life in Shorewood via a unique visioning process designed for the community. Chamberlain explained that HKGI's role in the visioning process is to facilitate the process, and provide the planning and design expertise needed to come to decisions surrounding the issues at hand. He maintained that the visioning process provides Shorewood with a way to tell its unique story and suggest possible futures. Chamberlain went on to explain that this process also aids in bridging the divides. All communities experience differences of opinion - especially when envisioning the community's future. Finally, the visioning process finds shared passions that a community can rally around. Chamberlain proposed a two-stage work program. The first is the "scoping stage", during which background information is gathered pertinent to the project and they determine how the visioning process will interact with the public. The "community visioning stage" will follow on the heels of and be defined by the scoping stage. Chamberlain introduced two consulting groups to expand the community outreach expertise. The first was the Lawless Institute, a market and user research firm specializing in relationships between people, place, and culture. The other was MMC Associates, a communications firm that specializes in the development of communication plans and products. Representatives of all three firms shared that HKGI will lead the process, facilitate all meetings and collect background information over the next one to two months. The Lawless Institute will then develop a community involvement strategy that could include various community surveys, public workshops and so on. MMC Associates will prepare a communication strategy that could make use of an array of communication tools including newsletters, press releases, on-line communication, etc. ;tJ.8 CITY COUNCIL WORK SESSION MINUTES MONDAY, MARCH 26, 2001 Page 2 of 3 .) A. QUESTION AND ANSWER PHASE Peggy Lawless, of the Lawless Institute asked what the City Council would like to learn from community members regarding this process. Mayor Love shared that the questions he has heard most often over the past 8-10 years has been the question of livability and what do our residents see as a common identity. Lizee inquired whether this common identity involves or where it is in relation to the other South Lakes Communities. Mayor Love added that it may be useful to gain the views from other stakeholders in the community, such as chambers of commerce, American Legion, etc., when we ask how we all fit together. Lawless then asked how involved out community members are. Mayor Love pointed out that there is more cooperation today between the various South Lake Communities than ever before. Cooperative efforts are just now being explored in respect to joint public works, police and fire, etc. In the past, barriers seemed to have existed between the cities but this seems to be changing. Woodruff stated that much of the difficulties arise from the erratic nature of our boundaries. She maintained that our community is very diverse, not only by boundary, but also the different services provided to our residents from different directions. . Lizee added that there is a generational diversity as well. Lizee expressed her interest in learning what the attitudes will be from a broad spectrum of people and was curious why other communities were not joining Shorewood in its visioning efforts. Mayor Love encouraged the Council to focus on Shorewood's visioning process and was hopeful other communities would follow suit. Turgeon cautioned that our residents are hesitant to get involved unless there is a hot issue up for debate. She questioned how we could communicate the process to them to encourage their involvement and relay to the public that they truly have a stake in the outcome. Lawless inquired whether people would respond to personal invitations to get involved in the visioning process. She asked if a random sampling of residents could be assembled and proposed different ideas. Dawson felt confident that people would respond to such an invitation. Generally, he maintained, that . people do like the one-an-one opportunity to participate in a study. Debbie Meister, of MMC Associates, asked where people mostly get their information on local issues. Lizee answered that although the "grapevine" works best, there are publications like the ShorewoodlExcelsior Sun Sailor, the Laker and Lakeshore Weekly News which have good readership. Woodruff maintained that one cannot isolate Shorewood by its borders and that there is crossover. Mayor Love suggested the answer may be giving voice to all residents, whether a Shorewood resident or not. Garfunkel felt that the communication aspect was not the problem. He asserted that the City is very good at getting information out, on the other hand, getting the response necessary is another matter. Mayor Love stated that even if we find out people like the City just the way it is, the question remains, how do we keep it that way. Lawless asked if there was demographic information available, what the turnover is in the community . . CITY COUNCIL WORK SESSION MINUTES MONDAY, MARCH 26, 2001 Page 3 of3 and whom it might be best to communicate through, be it seniors or youths. Lizee suggested using the schools to get the information out to parents and families. She noted, the seniors were also another active audience who get things done in the community. Lawless then asked one final question of the Council. She inquired what is said when people ask where do you live. Many Council members replied that they say Shorewood, while others pointed out their reply is often Shorewood, west of Excelsior by Lake Minnetonka. Chamberlain recognized that there seems to be a strong need for the people in the community to identify with something in order to get involved and, in order, to tie them all together. Mayor Love agreed that, although he is beginning to see it, he'd like to see more of a willingness of people to come together. In conclusion, Chamberlain pointed out that while this will be a challenging process to get our "arms around", he is beginning to get a picture of what's going on. The next step will be to have a tour of the Community via the Senior Center bus in the next several weeks. 3. ADJOURN Lizee moved, Garfunkel seconded, adjourning the City Council Work Session of March 26, 2001, at 10:46 P.M. Motion passed 4/0. RESPECTFULLY SUBMITTED. Kristi Anderson Recording Secretary Woody Love, Mayor Craig W. Dawson, City Administrator ,. Check Approval List for 04/09/01 Council Meeting Check # Vender Name Description Check Date Invoice # Amount 30028 US POSTMASTER pstg for April newsletter 3/27/01 $716.07 TOTAL FOR US POSTMASTER $716.07 30029 ANCHOR PAPER COMP COPIER PAPER 3/29/01 130084601 $205.82 TOTAL FOR ANCHOR PAPER COMPANY $205.82 30030 AT&T WIRELESS SERVI 3/29/01 2893733-031 $11.37 30030 AT&T WIRELESS SERVI 3/29/01 4160966-031 $17.79 30030 AT&T WIRELESS SERVI 3/29/01 4160966-031 $103.60 TOTAL FOR AT&T WIRELESSSERVICES $132.76 30031 CHICAGO TITLE INS C REF OVERPYMT ON 26995 MARSH 3/29/01 $1,816.40 TOTAL FOR CmCAGO TITLE INS CO $1,816.40 30032 CITY COUNTY CREDIT 03/27/01 PAYROLL 3/29/01 $400.00 TOTAL FOR CITY COUNTY CREDIT UNION $400.00 30033 FORTIS BENEFITS INS APR STD PREMIUMS 3/29/01 $76.50 30033 FORTIS BENEFITS INS APR sm PREMIUMS 3/29/01 $6.00 30033 FORTIS BENEFITS INS APR sm PREMIUMS 3/29/01 $6.00 . 30033 FORTIS BENEFITS INS APR STD PREMIUMS 3/29/01 $6.00 TOTAL FOR FORTIS BENEFITS INS CO $94.50 30034 HENN CTY TREASURE PID BOOKS FOR 2001 3/29/01 $62.64 TOTAL FOR HENN CTY TREASURER $62.64 30035 HENNEPIN COUNTY TR FEB 2001 ROOM/BOARD 3/29/01 3113 $464.00 TOTAL FOR HENNEPIN COUNTY TREASURER $464.00 30036 HERMEL WHOLESALE 3/29/01 284437 $1,377.00 30036 HERMEL WHOLESALE 3/29/01 284438 $507.62 30036 HERMEL WHOLESALE 3/29/01 284439 $507.62 30036 HERMEL WHOLESALE 3/29/01 38873 ($60.35) TOTAL FOR HERMEL WHOLESALE $2,331.89 30037 ICMA RETIREMENT TR 03/27/01 PAYROLL 3/29/01 $972.71 TOTAL FOR ICMA RETIREMENT TRUST-457 $972.71 30038. LEEF BROS MATS FOR TB LIQUOR 3/29/01 433106 $29.44 TOTAL FOR LEEF BROS $29.44 . 30039 LIGHTNING LEGAL CO PKG TO HOFF,BARRY (RON JOHNS 3/29/01 24782 $15.73 TOTAL FOR LIGHTNING LEGAL COURIER $15.73 30040 LEAGUE OF MN CITIES APR 2001 DENTAL PREM 3/29/01 3288 $527.91 30040 LEAGUE OF MN CITIES APR 2001 DENTAL PREM 3/29/01 3288 $74.23 30040 LEAGUE OF MN CITIES APR 2001 DENTAL PREM 3/29/01 3288 $39.85 30040 LEAGUE OF MN CITIES APR 2001 DENTAL PREM 3/29/01 3288 $39.85 TOTAL FOR LEAGUE OF MN CITIES $681.84 30041 MARLIN'S TRUCKING 3/29/01 8958/8991/90 $62.55 30041 MARLIN'S TRUCKING 3/29/01 8958/8991/90 $62.55 30041 MARLIN'S TRUCKING 3/29/01 8959/8992/90 $78.30 30041 MARLIN'S TRUCKING 3/29/01 8959/8992/90 $78.30 30041 MARLIN'S TRUCKING 3/29/01 8960/8993/90 $37.35 30041 MARLIN'S TRUCKING 3/29/01 8960/8993/90 $37.35 TOTAL FOR MARLIN'S TRUCKING $356.40 30042 MEDICA APR PREMIUMS 3/29/01 10109110220 $366.45 30042 MEDICA APR PREMIUMS 3/29/01 10109110220 $3,923.00 30042 MEDICA APR PREMIUMS 3/29/01 10109110220 $366.45 30042 MEDICA APR PREMIUMS 3/29/01 10109110220 $366.46 30042 MEDICA APRIL PREMIUMS 3/29/01 10109112259 $1,350.56 ~ - ~__v_,~... ~"'''' Page 1 of9 .ff3A- Wednesday, April 04,2001 Check # Vender Name 30061 30062 30063 30063 30064 30065 30066 30066 30066 . 30067 30067 30067 30067 30067 30067 30068 30069 30070 30070 30071 . 30072 30072 30073 30074 30074 30074 30074 30075 30075 30076 30077 30078 Description Check Date Invoice # TOTAL FOR ADAM'S PEST CONTROL, INC COPIES 4/4/01 C104609 TOTAL FOR. ALBINSON AMSTERDAM PRINTIN LASER LABEL 4/4/01 529032 TOTAL FOR AMSTERDAM PRINTINGILITHO ANDERSON, KRISTI B. COjqTRACT SVCS 4/4/01 ANDERSON, KRISTI B. CONTRACT SVCS 4/4/01 TOTAL FOR ANDERSON, KRISTI B. BROWN, LAWRENCE SUPPLIES FOR RECEPTION SHELVI 4/4/01 TOTAL FOR BROWN, LAWRENCE COORDINATED BUSIN REPAIRS ON MITA COPIER 4/4/01 168616 TOTAL FOR COORDINATED BUSINESS SYST DAY DISTRIBUTING 4/4/01 126692 DAY DISTRIBUTING 4/4/01 127450 DAY DISTRIBUTING 4/4/01 127450 TOTAL FOR DAY DISTRIBUTING ALBINSON EAST SIDE BEVERAGE 4/4/01 EAST SIDE BEVERAGE 4/4/01 EAST SIDE BEVERAGE 4/4/01 EAST SIDE BEVERAGE 4/4/01 EAST SIDE BEVERAGE 4/4/01 EAST SIDE BEVERAGE 4/4/01 TOTAL FOR EAST SIDE BEVERAGE COMPAN FORCE AMERICA, INC HYDRAULIC SEMINAR-B. MASON 4/4/01 TOTAL FOR FORCE AMERICA, INC GARY'S DIESEL SERVI INSPECT/ADJUST CLUTCH TOTAL FOR GARY'S DIESEL SERVICE INC GOPHER STATE ONE-C FEB SVC 4/4/01 1020664 GOPHER STATE ONE-C FEB SVC 4/4/01 1020664 TOTAL FOR GOPHER STATE ONE-CALL, IN HAWKINS WATER TRE WATER TREATMENT PRODUCTS 4/4/01 332989 TOTAL FOR HAWKINS WATER TREATMENT JOHNSON BROS L1QU 4/4/01 1216559 JOHNSON BROS L1QU 4/4/01 147660 TOTAL FOR JOHNSON BROS LIQUOR CO. KRIESEL, DREW FLR CLEANERS FOR PW TOTAL FOR KRIESEL, DREW 756877 759870 760578 760578 760579 760579 4/4/01 50963 4/4/01 MARK VII MARK VII MARK VII MARK VII 4/4/01 251957 4/4/01 251958 4/4/01 254251 4/4/01 254252 TOTAL FOR MARK VII MIDWEST COCA-COLA 4/4/01 62590131 MIDWEST COCA-COLA 4/4/01 63282065 TOTAL FOR MIDWEST COCA-COLA BOTTLIN MINN NCPERS GROUP APRIL PREMIUM 4/4/01 TOTAL FOR MINN NCPERS GROUP LIFE INS MINNETONKA REFRIG REPAIR FURNACE FLUE @TB 4/4/01 TOTAL FOR MINNETONKA REFRIGERATION PAWS, CLAWS & HOOV 4/4/01 ~~&..~-*tt ~ l'<1~ ~'!1-:l' Wednesday, April 04, 2001 -- ~- '" Amount $63.78 $9.59 $9.59 $127.05 $127.05 $180.00 $120.00 $300.00 $19.44 $19.44 $125.00 $125.00 $607.10 $19.20 $180.14 $806.44 $1,444.15 $1,286.50 $47.50 $1,050.85 $665.05 $9.50 $4,503.55 $230.00 $230.00 . $29.20 $29.20 $7.20 $7.20 $14.40 $1,182.11 $1,182.11 $889.20. ($20.75) $868.45 $45.84 $45.84 $473.25 $10.90 $435.70 $97.50 $1,017.35 $189.13 $137.46 $326.59 $12.00 $12.00 $80.00 $80.00 $60.71 Page3 OJ 9 Check # Vender Name Description Check Date Invoice # Amount TOTAL FOR PAWS, CLAWS & HOOVES PET $60.71 30079 PRUDENTIAL INS CO 0 APR LIFE PREMIUMS 4/4/01 $33.15 30079 PRUDENTIAL INS CO 0 APR LIFE PREMIUMS 4/4/01 $2.60 30079 PRUDENTIAL INS CO 0 APR LIFE PREMIUMS 4/4/01 $2.60 30079 PRUDENTIAL INS CO 0 APR LIFE PREMIUMS 4/4/01 $2.60 30079 PRUDENTIAL INS CO 0 AP~ LIFE PREMIUMS 4/4/01 $66.75 TOTAL FOR PRUDENTIAL INS CO OF AMERICA $107. 70 30080 QUALITY WINE & SPIRI 4/4/01 939550-00 ($22.44) 30080 QUALITY WINE & SPIRI 4/4/01 939550-00 ($8.33) 30080 QUALITY WINE &SPIRI 4/4/01 939553-00 ($24.78) 30080 QUALITY WINE & SPIRI 4/4/01 941733-00. ($7.82) 30080 QUALITY WINE & SPIRI 4/4/01 941766-00 ($18.83) 30080 QUALITY WINE & SPIRI 4/4/01 941766-00 ($6.99) 30080 QUALITY WINE & SPIRI 4/4/01 941775-00 ($164.23) 30080 QUALITY WINE & SPIRI 4/4/01 942902-00 ($51.00) 30080 QUALITY WINE & SPIRI 4/4/01 945803-00 $28.97 30080 QUALITY WINE & SPIRl 4/4/01 945816-00 $498.80 30080 QUALITY WINE & SPIRI 4/4/01 945818-00 $217 .85 30080 QUALITY WINE & SPIRI 4/4/01 945819-00 $65.95 . 30080 QUALITY WINE & SPIRI 4/4/01 945819-00 $817.70 30080 QUALITY WINE & SPIRI 4/4/01 945838-00 $429.36 30080 QUALITY WINE & SPIRI 4/4/01 945838-00 $934.29 30080 QUALITY WINE & SPIRI 4/4/01 945839-00 $338.91 30080 QUALITY WINE & SPIRI 4/4/01 945839-00 $711.47 30080 QUALITY WINE & SPIRI 4/4/01 945840-00 $624.64 30080 QUALITY WINE & SPIRI 4/4/01 945840-00 $502.96 TOTAL FOR QUALITY WINE & SPIRITS CO $4,866.48 30081 SUN PATRIOT NEWSPA BOARD OF REVIEW ASSMT NOTICE 4/4/01 453 $27.06 TOTAL FOR SUN PATRIOT NEWSPAPERS INC $27.06 30082 SWANDBY, DONALD MARCH MILEAGE/SUPPLIES/CELL 4/4/01 $36.61 30082 SWANDBY, DONALD MARCH MILEAGE/SUPPLIES/CELL 4/4/01 $12.99 30082 SWANDBY, DONALD MARCH MILEAGE/SUPPLIES/CELL 4/4/01 $12.99 30082 SWANDBY, DONALD MARCH MILEAGE/SUPPLIES/CELL 4/4/01 $13.00 30082 SWANDBY, DONALD MARCH MILEAGE/SUPPLIES/CELL 4/4/01 $34.41 30082 SWANDBY, DONALD MARCH MILEAGE/SUPPLIES/CELL 4/4/01 $34.41 . 30082 SWANDBY, DONALD MARCH MILEAGE/SUPPLIES/CELL 4/4/01 $34.41 30082 . SWANDBY, DONALD MARCH MILEAGE/SUPPLIES/CELL 4/4/01 $36.60 30082 SWANDBY, DONALD MARCH MILEAGE/SUPPLIES/CELL 4/4/01 $36.61 TOTAL FOR SWANDBY, DONALD $252.03 30083 THORPE DISTRIBUTIN 4/4/01 219608 ($137.50) 30083 THORPE DISTRIBUTIN 4/4/01 219702 $1,124.60 30083 THORPE DISTRIBUTIN 4/4/01 220296 $23.75 30083 THORPE DISTRIBUTIN 4/4/01 220296 $830.90 TOTAL FOR THORPE DISTRIBUTING COMPA $1,841.75 30084 VERIZON WIRELESS, B 4/4/01 $45.42 TOTAL FOR VERIZON WIRELESS, BELLEVUE $45.42 30085 ZIEGLER, INC. TAILlGHTITURN SIGNAL BULBS 4/4/01 PC00392143 $35.50 TOTAL FOR ZIEGLER,INC. $35.50 30086 BELLBOY BAR SUPPLY 4/10/01 33590200 $20.46 30086 BELLBOY BAR SUPPLY 4/10/01 33590200 $28.04 30086 BELLBOY BAR SUPPLY 4/10/01 33590300 $37.96 30086 BELLBOY BAR SUPPLY 4/10/01 33590300 $51.46 30086 BELLBOY BAR SUPPLY 4/10/01 33590400 $100.48 ~~--' ~~ :~~ Wednesday, April 04, 2001 Page 4 of9 Check # Vender Name Description Check Date Invoice # Amount TOTAL FOR BELLBOY BAR SUPPLY $238.40 30087 BELLBOY CORPORA TI 4/10/01 20936800 $96.75 30087 BELLBOY CORPORA TI 4/10/01 20937000 $476.30 30087 BELLBOY CORPORA TI 4/10/01 20937100 $428.55 30087 BELLBOY CORPORA TI 4/10/01 20978400 $190.50 30087 BELLBOY CORPORA TI 4/10/01 20978500 $1,232.12 TOTAL FOR BELLBOY CORPORATION $1,414.21 30088 BIFFS, INC. RENTALS 4/10/01 W123356-60 $351.30 TOTAL FOR BIFFS,INC $351.30 30089 DAY DISTRIBUTING 4/10/01 127956 $269.80 30089 DAY DISTRIBUTING 4/10/01 128315 $756.25 30089 DAY DISTRIBUTING 4/10/01 128316 $921.25 30089 DAY DISTRIBUTING 4/10/01 128784 $267.30 30089 DAY DISTRIBUTING 4/10/01 129004 $468.00 30089 DAY DISTRIBUTING 4/10/01 129005 $562.60 TOTAL FOR DAY DISTRIBUTING $3,145.10 30090 E-Z RECYCLING INC. MARCH RECYCLING 4/10/01 2121 $5,751.25 . TOTAL FOR E-Z RECYCLING INC $5,751.15 30091 EAST SIDE BEVERAGE 4/10/01 762861 $1,331.00 30091 EAST SIDE BEVERAGE 4/10/01 763599 $19.00 30091 EAST SIDE BEVERAGE 4/10/01 763599 $750.80 30091 EAST SIDE BEVERAGE 4/10/01 763600 $9.50 30091 EAST SIDE BEVERAGE 4/10/01 763600 $822.95 30091 EAST SIDE BEVERAGE 4/10/01 764152 $279.45 30091 EAST SIDE BEVERAGE 4/10/01 765839 $1,114.65 TOTAL FOR EAST SIDE BEVERAGE COMPAN $4,317.35 30092 EPA AUDIO VISUAL INC SONY VIDEO PROJECTOR LAMP 4/10/01 135820 $407.05 TOTAL FOR EPA AUDIO VISUAL INC $407.05 30093 EXCELSIOR-CITY OF 1ST QTR 2001 OAK ST SIGNAL 4/10/01 $118.63 TOTAL FOR exCELSIOR-CITY OF $118.63 30094 FRONTIER ELECTRIC disconnect elect for trier @ Cathcart 4/10/01 27254 $97.00 30094 FRONTIER ELECTRIC repl ballasts 4/10/01 27255 $244.00 TOTAL FOR FRONTIER ELECTRIC $341.00 . 30095 GRIGGS, COOPER & C 4/10/01 351531 $638.55 30095 GRIGGS, COOPER & C 4/10/01 351532 $597.39 30095 GRIGGS, COOPER & C 4/10/01 351536 $611.58 30095 GRIGGS, COOPER & C 4/10/01 351537 $454.61 30095 GRIGGS, COOPER & C 4/10/01 351545 $621.76 30095 GRIGGS, COOPER & C 4/10/01 351546 $322.22 30095 GRIGGS, COOPER & C 4/10/01 354524 $1,212.96 30095 GRIGGS, COOPER & C 4/10/01 354525 $88.68 30095 GRIGGS, COOPER & C 4/10/01 354530 $23.95 30095 GRIGGS, COOPER & C 4/10/01 354530 $972.22 30095 GRIGGS, COOPER & C 4/10/01 354531 $369.97 30095 GRIGGS, COOPER & C 4/10/01 354540 $1,043.11 30095 GRIGGS, COOPER & C 4/10/01 354541 $149.78 30095 GRIGGS, COOPER & C 4/10/01 556644 ($4.56) 30095 GRIGGS, COOPER & C 4/10/01 556645 ($2.28) 30095 GRIGGS, COOPER & C 4/10/01 556768 ($20.90) 30095 GRIGGS, COOPER & C 4/10/01 557033 ($2.00) 30095 GRIGGS, COOPER & C 4/10/01 557034 ($2.00) 30095 GRIGGS, COOPER & C 4/10/01 557834 ($26.74) "" -- " -= "'"""-=-~ Wednesday, April 04,2001 Page 50f9 Check # Vender Name 30096 30098 30098 30098 30098 30098 30098 30098 30098 30098 30098 30098 30098 30098 30098 30098 30098 30098 30098 30098 30098 30098 30098 30099 30099 30099 30099 30099 30099 30099 30099 30099 30099 30099 30099 30099 30099 30099 30099 30099 30099 30100 30101 30101 30101 30101 30101 30101 30101 Description Check Date Invoice # TOTAL FOR GRIGGS, COOPER & COMPANY JIM HATCH SALES CO. BROOM FOR MOBIL SWEEPER 4/10/01 TOTAL FOR JIM HATCH SALES CO. JOHNSON BROS L1QU JOHNSON BROS L1QU JOHNSON BROS L1QU JOHNSON BROS L1QU JOHNSON BROS L1QU JOHNSON BROS L1QU JOHNSON BROS L1QU JOHNSON BROS L1QU JOHNSON BROS L1QU JOHNSON BROS L1QU JOHNSON BROS L1QU JOHNSON BROS L1QU JOHNSON BROS L1QU JOHNSON BROS L1QU JOHNSON BROS L1QU JOHNSON BROS L1QU JOHNSON BROS L1QU JOHNSON BROS L1QU JOHNSON BROS L1QU JOHNSON BROS L1QU JOHNSON BROS L1QU JOHNSON BROS L1QU TOTAL FOR JOHNSON BROS LIQUOR CO. LARKIN, HOFFMAN, DA GENERAL MATTERS LARKIN, HOFFMAN, DA LAND USE MATTERS-RUSSELL LARKIN, HOFFMAN, DA USF&G V GEH CONSTRlG HENDRIC LARKIN, HOFFMAN, DA CITY/GIDEONS TOWNHOMES V ELL LARKIN, HOFFMAN, DA RJOHNSON ETAL VCITYET AL LARKIN, HOFFMAN, DA CITY V R JOHNSON ET AQUISTION LARKIN, HOFFMAN, OA SHOREWOOD YACHTCLUB LARKIN, HOFFMAN, DA TH7/41 ROW CONDEMNATION LARKIN, HOFFMAN, DA PHOSPHORUS FERTILIZER INITIATI LARKIN, HOFFMAN, DA OSM FILElDOC RECOVERY LARKIN, HOFFMAN, DA GENERAL MATTERS LARKIN, HOFFMAN, DA USF&G V GEH CONSTRlCITY V HEN LARKIN, HOFFMAN, DA CITY/GIDEONS TOWNHOMES V ELL LARKIN, HOFFMAN, DA RON JOHNSON ET AL V CITY ET AL LARKIN, HOFFMAN, OA ACQUISITION OF GIDEON GLEN FR LARKIN, HOFFMAN, DA TH7/41 ROW CONDEMNATION LARKIN, HOFFMAN, DA PHOSPHORUS FERTILIZER INITIATI LARKIN, HOFFMAN, OA OSM FILE/DOC RECOVERY TOTAL FOR LARKIN, HOFFMAN, DALY... LEAGUE OF MN CITIES 2001 DIRECTORY OF MN CITY OFFI 4/10/01 TOTAL FOR LEAGUE OF MN CITIES MARK VII MARK VII MARK VII MARK VII MARK VII MARK VII MARK VII 'WednesdtiY;April Ot200t ". ~l'iw. 4/10/01 4/10/01 4/10/01 4/10/01 4/10/01 4/10/01 4/10/01 4/10/01 4/10/01 4/1 0/01 4/10/01 4/10/01 4/10/01 4/10/01 4/10/01 4/10/01 4/10/01 4/10/01 4/10/01 4/10/01 4/10/01 4/10/01 4/10/01 4/10/01 4/10/01 4/10/01 4/10/01 4/10/01 4/10/01 4/10/01 4/10/01 4/10/01 4/10/01 4/10/01 4/10/01 4/10/01 4/10/01 4/10/01 4/10/01 4/10/01 2130 1231140 1231140 1231141 1231142 1231143 1231145 1231778 1231779 1231780 1233794 1233794 1233795 1233796 1233797 1233797 1233799 1233799 1234916 1234917 153678 153679 153681 374227 374228 374229 374230 374231 374232 374233 374234 374235 374236 376042 376044 376045 376047 376048 376049 376050 376051 4/10/01 256608 4/10/01 256610 4/10/01 256611 4/10/01 256614 4/10/01 259045 4/10/01 259051 4/10/01 259051 Amount $7,048.30 $700.77 $700.77 $32.50 $203.94 $233.25 $20.55 $272.63 $64.50 $311.40 $678.30 $579.00 $156.20 $916.54 $100.21 $194.65 $237.75 $1,859.69 $26.65 $897.47 $57.90 $57.90 ($6.66) ($23.40) ($6.89) $6,864.08 $1,764.20 $337.50 $37.50 $4,214.97 $562.50 $512.50 $615.00 $1,752.40 $787.50 $137.50 $1,750.00 $154.77 $2,360.90 $812.50 $287.50 $2,017.10 $1,863.20 $112.50 $20,080.04 $236.60 $136.60 $874.85 $728.75 $7.75 $906.30 $661.90 $86.35 $1,127.00 . . Page 60f9 Check # Vender Name Description Check Date Invoice # Amount 30101 MARK VII 4/1 % 1 259053 $329.25 TOTAL FOR MARK VII $4,722.15 30102 MIDWEST COCA-COLA 4/10/01 63287080 $130.31 TOTAL FOR MIDWEST COCA-COLA BOTTLIN $130.31 30103 MINNCOMM PAGING PAGER 4/10/01 52006804018 $8.63 TOTAL FOR MINNCOMM PAGING $8.63 30104 MINNEGASCO 4/10/01 $195.29 30104 MINNEGASCO 4/10/01 $626.54 30104 MINNEGASCO 4/10/01 $363.28 30104 MINNEGASCO 4/10/01 $260.98 30104 MINNEGASCO 4/10/01 $223.26 30104 MINNEGASCO 4/10/01 $120.95 30104 MINNEGASCO 4/10/01 $118.98 30104 MINNEGASCO 4/10/01 $117.65 30104 MINNEGASCO 4/10/01 $116.49 30104 MINNEGASCO 4/10/01 $167.98 TOTAL FOR MINNEGASCO $2,311.40 . 30105 MN DEPT OF REVENUE 2000 HAZARDOUS WASTE BASE TA 4/10/01 $50.00 TOTAL FOR MN DEPT OF REVENUE $50.00 30106 NORTH STAR ICE 4/10/01 41107802 $29.24 30106 NORTH STAR ICE 4/10/01 41107803 $40.80 TOTAL FOR NORTH STAR ICE $70.04 30107 NORTHERN TOOL & EQ WELDING HELMET/SHOP SUPPLIES 4/10/01 82111698 $191.69 30107 NORTHERN TOOL & EQ WELDING HELMET/SHOP SUPPLIES 4/10/01 82111698 $1.37 30107 NORTHERN TOOL & EQ SLEDGE HAMMER/SHOP SUPPLIES 4/10/01 82259814 $26.62 30107 NORTHERN TOOL & EQ SLEDGE HAMMER/SHOP SUPPLIES 4/10/01 82259814 $154.67 TOTAL FOR NORTHERN TOOL & EQUIP CO $374.35 30108 OFFICE DEPOT 4/10/01 122358497-0 $65.96 30108 OFFICE DEPOT 4/10/01 122361872-0 ($339.35) 30108 OFFICE DEPOT 4/10/01 122618352-0 $26.56 30108 OFFICE DEPOT 4/10/01 12292788J.0 $98.79 30108 OFFICE DEPOT 4/10/01 123611841-0 $324.27 30108 OFFICE DEPOT 4/10/01 123967678.0 ($14.77) . 30108 OFFICE DEPOT 4/10/01 124211470-0 $105.82 TOTAL FOR OFFICE DEPOT $267.28 30110 PHILLIPS WINE & SPIRI 4/10/01 3236570 ($50.00) 30110 PHILLIPS WINE & SPIRI 4/10/01 700566 ($6.00) 30110 PHILLIPS WINE & SPIRI 4/10/01 700567 ($6.50) 30110 PHILLIPS WINE & SPIRI 4/10/01 700568 ($4.17) 30110 PHILLIPS WINE & SPIRI 4/10/01 700569 ($3.54) 30110 PHILLIPS WINE & SPIRI 4/10/01 700570 ($5.71 ) 30110 PHILLIPS WINE & SPIRI 4/10/01 701219 ($8.96) 30110 PHILLIPS WINE & SPIRI 4/10/01 701748 $262.71 30110 PHILLIPS WINE & SPIRI 4/10/01 701748 $488.40 30110 PHILLIPS WINE & SPIRI 4/10/01 701749 $400.00 30110 PHILLIPS WINE & SPIRI 4/10/01 701750 $444.30 30110 PHILLIPS WINE & SPIRI 4/10/01 701750 $478.90 30110 PHILLIPS WINE & SPIRI 4/10/01 701752 $380.50 30110 PHILLIPS WINE & SPIRI 4/10/01 701752 $397.95 30110 PHILLIPS WINE & SPIRI 4/10/01 703789 $95.71 30110 PHILLIPS WINE & SPIRI 4/10/01 703789 $174.45 30110 PHILLIPS WINE & SPIRI 4/10/01 703789 $34.25 30110 PHILLIPS WINE & SPIRI 4/10/01 703790 $83.85 -- ~\U~t~ ~ ~~ ""~ - Wednesday, April 04, 2001 Page 70f9 Check # Vender Name 30110 30110 30110 30111 30112 '30113 30113 30113 30114 30114 30115 30116 30117 30117 30117 30117 30117 30117 30117 30117 30117 30117 30117 30117 30117 30117 30117 30118 30119 30119 30119 30120 30121 30121 30121 30122 30122 30122 30122 30122 Description Check Date Invoice # PHILLIPS WINE & SPIRI PHILLIPS WINE & SPIRI PHILLIPS WINE & SPIRI TOTAL FOR pmLLIPS WINE & SPIRITS POTTS, KENNETH N. MARCH PROSECUTIONS TOTAL FOp POTTS, KENNETH N. PROTOCOL COMMUNI SVC 2/1 THRU 4/1/01 4/10/01 952204663-0 . TOTAL FOR PROTOCOL COMMUNICATIONS, INC 4/10/01 703790 4/10/01 703790 4/10/01 703792 4/10/01 OUEST OUEST OUEST 4/10/01 4/10/01 4/10/01 TOTAL FOR QUEST SENIOR COMMUNITY S CLEANING SVCS FOR MARCH 4/10/01 SENIOR COMMUNITY S CLEANING SVCS FOR MARCH 4/10/01 TOTAL FOR SENIOR COMMUNITY SERVICES SO LK MTKA POLICE D FEB 2001 BOOKING FEES 4/10/01 TOTAL FOR SO LK MTKA POLICE DEPT SPEEDWAY SUPERAM 4/10/01 TOTAL FOR SPEEDWAY SUPERAMERICA THORPE DISTRIBUTIN 4/10/01 220811 THORPE DISTRIBUTIN 4/10/01 220811 THORPE DISTRIBUTIN 4/10/01 220863 THORPE DISTRIBUTIN 4/10/01 220863 THORPE DISTRIBUTIN 4/10/01 221252 THORPE DISTRIBUTIN 4/10/01 221252 THORPE DISTRIBUTIN 4/10/01 221386 THORPE DISTRIBUTIN 4/10/01 221386 THORPE DISTRIBUTIN 4/10/01 221399 THORPE DISTRIBUTIN 4/10/01 221399 THORPE DISTRIBUTIN 4/10/01 221450 THORPE DISTRIBUTIN 4/10/01 221475 THORPE DISTRIBUTIN 4/10/01 221475 THORPE DISTRIBUTIN 4/10/01 221928 THORPE DISTRIBUTIN 4/10/01 221928 TOTAL FOR THORPEDISTRIBUTINGCOMPA TOTAL REGISTER SYS PRINTER RIBBON 4/10/01 11369 TOTAL FOR TOTAL REGISTER SYSTEMS VERIZON DIRECTORIE 4/10/01 VERIZON DIRECTORIE 4/10/01 VERIZON DIRECTORIE 4/10/01 TOTAL FOR VERIZON DIRECTORIES CORP VESSCO, INC. COUPLING NUT TOTAL FOR VESSCO,INC. WASTE MANAGEMENT APRIL SVC WASTE MANAGEMENT APRIL SVC WASTE MANAGEMENT APRIL SVC TOTAL FOR WASTE MANAGEMENT 4/10/01 23519 4110/01 0111190-159. 4110/01 0111191-159 4/10/01 0111209-159 XCELENERGY XCELENERGY XCELENERGY XCELENERGY XCELENERGY 4/10/01 0031-505-16 4/10/01 0114-707-26 4/10/01 0196-30.7-66 4/10/01 0198--208--36 4/10/01 0356-200-16 Wednw;;Jay, April 04, 1001 - ~~ .~""" Amount $269.41 $925.50 $22.75 $4,373.80 $1,608.33 $1,608.33 $85.00 $85.00 $46.13 $46.13 $86.74 $179.00 $179.15 $266.25 $445.40 $191.63 $191.63 $1,018.89 $1,018.89 $22.40 $678.60 $32.00 $1,011.25 $23.75 $1,562.70 $763.10 $12.55 $11.20 $786.75 $35.60 $12.55 $1,392.55 $11.20 $1,577.85 $7,934.05 $10.60 $10.60 $62.65 $16.80 $16.80 $96.15 $23.43 $13.43 $100.64 $117.91 $63.38 $181.93 $117.53 $42.83 $294.50 $399.75 $20.85 . . Page 8 of9 . . Check # Vender Name 30122 30122 30122 30122 30122 30122 30122 30123 30123 30123 Description XCELENERGY XCELENERGY XCELENERGY XCELENERGY XCELENERGY XCELENERGY XCELENERGY TOTAL FOR XCEL ENERGY FIRST RESPONSE TRAI CPRTRAINING FIRST RESPONSE TRAI CPR TRAINING FIRST RESPONSE TRAI CPR TRAINING TOTAL FOR FIRST RESPONSE TRAINING TOTAL CHECKS ~~ ~~~<<<~-_.~ Wednesday, April 04, 2001 ~~~.,., Check Date Invoice # 4/10/01 0727-302-66 4/10/01 1300-208-10 4/10/01 1477-205-46 4/10i01 1765-206-46 4/10/01 1966-609-83 4/10/01 2270-109-36 4/10/01 2486-903-26 4/5/01 4/5/01 4/5/01 - Amount $246.84 $129.34 $254.85 $32.40 $124.06 $275.52 $26.86 $1,965.33 $180.00 $20.00 $40.00 $240.00 $147,257.73 " Page 90f9 PAYABLESAPPROVALS For 4/09/01 Council Meeting Prepared by: (JaJiVAJ:n. y}1 fJA Catherine Elke, Sr. Accountant Reviewed by: ~ ~ Bonnie Burton, inance Director Date: 4-4--01 Date: 4~tf/o / . . Payroll Register Check # Last Name First Name MI Check Amt Check Date 216530 BOELMAN MARY M 137.49 3/27/01 216531 BROWN LAWRENCE A 1,776.24 3/27/01 216532 BURTON BONNIE M 1,373.65 3/27/01 216533 DAVIS CHARLES S 1,083.15 3/27/01 216534 DAWSON CRAIG W 1,566.59 3/27/01 216535 DEPAUW MARTIN J 10.65 3/27/01 216536 DUFFY DAVID C 127.74 3/27/0 I 216537 EISCHENS JAMES E 488.92 3/27/0 I 216538 ELKE CATHERINE M 729.92 3/27/01 216539 FASCHING PATRICIA L 766.94 3/27/01 216540 FLEMMING JAMES D 62.79 3/27/01 216541 GARFUNKEL JOHN J 184.70 3/27/0 I 216542 GROUT TWILA R 874.14 3/27/01 . 216543 HELGESEN PATRICIA R 769.34 3/27/01 216544 HELLING PAMELA J 465.87 3/27/01 216545 HIRSCH DANA M 74.97 3/27/0 I 216546 JOHNSON DENNIS D 1,041.71 3/27/0 I 216547 KALLEST AD STEPHEN N 912.74 3/27/0 I 216548 KARELS PAUL C 161.91 3/27/01 216549 LATTERNER SUSAN M 277.91 3/27/01 216550 LEDWITH JAMES R 77.14 3/27/01 216551 LIZEE CHRISTINE G 184.70 3/27/01 216552 LOVE CLIFFORD W 220.47 3/27/01 216553 LUGOWSKI JOSEPH P 1,007.34 3/27/01 216554 MALUCHNIK KRlS A 367.82 3/27/01 216555 MANSHIP AUSTIN A 118.1 0 3/27/01 . 216556 MARRON RUSSELL R 40.10 3/27/01 216557 MASON BRADLEY J 1,031.33 3/27/01 216558 MCNALLY SEAN P 157.46 3/27/0 I 216559 MOORE JULIE K 360.37 3/27/01 216560 NICCUM LAWRENCE A 1,305.08 3/27/01 216561 NIELSEN BRADLEY J 1,056.94 3/27/01 216562 PANCHYSHY JEAN M 1,194.55 3/27/01 216563 P AZANDAK JOSEPH E 1,319.34 3/27/01 216564 POUNDER CHRISTOPHER J 1,125.11 3/27/01 216565 RANDALL DANIEL J 1,136.48 3/27/01 216566 RICH MELANY M 30.47 3/27/01 216567 SCHMID CHRISTOPHER E 587.58 3/27/01 216568 SCHNEEWIN JACQUELYN K 930.07 3/27/01 216569 STARK BRUCE H 530.94 3/27/0 I 216570 SW ANDBY DONALD R 1,135.00 3/27/0 I Wednesday, April 04, 2001 Page 1 of 2 Check # Last Name First Name MI Check Amt Check Date 216571 TURGEON LAURA 184.70 3/27/01 216572 WHITE BRYAN 196.87 3/27/0 I 216573 ZERBY MICHAEL S 184.70 3/27/01 Total of Checks $27,370.03 Wednesday, April 04, 2001 Page 2 of2 . . . PAYROLL APPROVALS For 4/09/01 Council Meeting . Prepared by: r1~ ,m f}k Catherine Elke, Sr. Accountant Reviewed by: ~~ Bonnie Burton, Finance Director Approved by: Crai . D~te: 1f-I!-O; Date: I} Jj ;;/ Date: 11.tll; CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-$927. (952) 474-3236 . FAX (952) 474-0128' www.cLshorewood.mn.us' cityhall@cLshorewood.mn.us MEMORANDUM . DATE: Mayor and City Council Larry Brown, Director of Public Works . .I.t., / Craig Dawson, City Administrator eb> 1)/ April 5, 2001 TO: FROM: RE: A Motion to Approve Contract for Lifeguard Services Crescent Beach Attachment 1 is the proposed contract for Lifeguard Services and Swimming Lessons to be offered at Crescent Beach through the Minnetonka Public Schools Community Services. This contract is in accordance with the budgeted amount for the year 2001, and is recommended for approval. . ~3B ft \,~ PRINTED ON RECYCLED PAPER AGREEMENT FOR CITY OF SHOREWOOD - SUMMER 2001 AGREEMENT made this ~ day of f'/\" l"'" C h , between Shorewood, a Minnesota municipal corporation ("City") and the Minnetonka Public Schools Community Education and Services (the "Contractor'.) WHEREAS, the City has requested that the Contractor provide a Lifeguard Service and Swimming Lesson Program during the 2001 Swimming Season for Crescent Beach. WHEREAS, the City understands that their beach service agreement with the Contractor is part of a total program operated by the Contractor of seven beaches located in five participating communities. NOW THEREFORE, the parties agree as follows: I. CONTRACTOR'S SERVICES A. Lifeguard Service. The Contractor agrees to provide the City with qualified and Red Cross certified personnel to Lifeguard the above stated beach from June 9, 2001 through August 26,2001 on a seven day per week schedule from 12:00 noonto 7:00 p.m. daily (weather permitting). B. The Contractor agrees to provide: a) an appropriate l)umber of lifeguards on duty at all time, according to any applicable industry standards or regulations; b) lifeguard staff with ongoing in-service training during the summer season; c) supervision of lifeguard personnel; d) all necessary safety equipment for the Lifeguard Services. . C. Swimming Lesson Program. Contractor agrees to provide a program for swimming lessons for the general public to be located at Crescent Beach. The . Contractor shall provide advertising through the MCES quarterly catalog, registration of students, hiring and training of instructors, all necessary equipment (including safety equipment) and all personnel and administrative costs associated with these lessons. II. CITY OBLIGATIONS. A. Beach. The City agrees to provide a safe, clean and well-maintained beach and beach area as stated in this agreement. This includes defined swimming boundaries; sand and water free of debris and safety hazards; clean and sanitary restrooms; and a lifeguard station. The CitY agrees to provide a working telephone and lifeguard chair(s) as well as a safety boat with oars. B. Payment. The City agrees to pay Contractor for its portion of the expenses incurred for the Total program. The expenses for the Total Program are illustrated in Exhibit A - Budget. 1 III. . IV. . The City'sportion of the Total program expenses shall be a percentage based on the scheduled lifeguard hours perfonned at the beach in relation to the scheduled lifeguard hours for the Total Program. The City's portion of the Total Program costs for the 2001 Swimming Season is 3.76% based on schedule illustrated in Exhibit B - Scheduled Lifeguard Hours. The City agrees to pay the Contractor a total of $2,902.02 divided into three equal payments of $967.34 on July 15, August 15, and September 15,2001 in return for services as stated in tIns agreement. The Contractor will provide a swimming lesson program at Crescent Beach at no cost to the City. All income and expenses will be the responsibility of the Contractor. INDEMNIFICATION - Contractor agrees to indemnify and hold hamlless the City, it's employees and officers from any and all liability, loss, costs, damages, and expenses including but not limited to property damage and personal injury, including death, wInch arise in connection with any acts or omissions of Contractor's employees. The City agrees to indemnify and hold harmless Contractor and it's employees, officers, and agents from any and all liability, loss, costs, damages and expenses including but not limited to property damage and personal injury, including death, which arise in connection with the City's performance of this Contract or in connection with any acts or omission of City employees. REPORTS. Contractor will provide the City with all necessary information relating to the Lifeguard Service and Swimming Lesson Program in order for the City to properly maintain the beach. On an as need basis the Aquatics Manager or Aquatics Supervisor will report to the City representative in regards to incidents and/or accidents. At the end of the season (October 15,2001) the Contractor will provide the City with a full report of beach activity during the season. In January of each year the Contractor will initialize a budget for the beach services for the next season. v. LIABILITY. Employees of the Contractor and all other persons engaged by the Contractor in the performance of any work or services required, volunteered, or provided for herein to be performed by Contractor shall not be considered employees of the City and any and all claims that mayor might arise under the Worker's Compensation Act of the State of Minnesota on behalf of said employees while so engaged in any of the work or services provided to be rendered herein, shall in no way be the obligation or responsibility of the City and all other persons engaged by the City in the performance of any work or services required or provided for herein to be performed by the City shall not be considered employees of the Contractor, and any and all claims that mayor might arise under the Worker's Compensation Act of the State of Minnesota on behalf 2 of said employees while so engaged and any and all claims by any third parties as a consequence of an act or omission on the part of said employees so engaged in any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of the Contractor. VI. INSURANCE. The City is responsible for obtaining property and liability coverage for the cities' beaches. Contractor will maintain professional liability and comprehensive general liability coverage for all employees in an amount consistent with Chapter 466 of the Minnesota Statutes. VII. TERM OF AGREEMENT. Notwithstanding the date of the signature of the parties to this Agreement, upon acceptance by all parties, this Agreement shall be deemed to be effective upon signature by all parities and shall remain in effect until October 1,2001, unless earlier terminated by either party, with or without cause, upon 45 days written notice or as otherwise provided in this Agreement. VIII. DEFAULT. If Contractor or City fails to perform any of the provisions of this Agreement or so fails to administer the work as to endanger the performance of this Agreement, tins shall constitute default. Unless the party in default is excused by the other party, the non-defaulting party may upon written notice immediately cancel this Agreement in its entirety. IX. SUBCONTRACTORS. Contractor shall not enter into any subcontract for performance of any services contemplated under this Agreement nor assign any interest in this Agreement without the prior written approval of the City and subject to such conditions and provisions as the City may deem necessary. Contractor shall be responsible for the performance of all Subcontractors. 3 . . . . x. AUTHORIZED REPRESENTATIVES. The parties to this Agreement shall appoint an authorized representative for the purpose of administration of tins Agreement. The authorized representative of the City is: XI. Name Title Address City MN Phone: (952) The authorized representative of the Contractor is as follows: Daniel Kuzlik, Executive Director Minnetonka Public Schools Community Education & Services 5621 County Road 101 Minnetonka, MN 55345 (952) 401-5050 AMENDMENTS. Any amendments to this Agreement will be in writing and will be executed by the same parties who executed tlle original Agreement, or their successors in office. XII. ENTIRE AGREEMENT. It is understood and agreed that the entire Agreement of the parties is contained herein and that this Agreement supersedes all oral Agreements and negotiations between the parties relating to the subject matter hereof as well as any previous Agreements presently in effect between the parties relating to the subject matter hereof. IN WITNESS WHEREOF, the parties have caused this Agreement to be du1y executed intending to be bound thereby. CITY OF SHOREWOOD BY: Name & Title DATE: BY: ~ Damel E. Kuzlik, Exe utive Director ..., . DATE: ;?- 6- 6 I 4 EXHIBIT "A" TOTAL PROGRAM 2001 SWIMl\1INGBUDGET Administration 1,040.00 Supervisors 5,720.00 Fringe Benefits 1,144.00 Lifeguards 62,179.68 Fringe Benefits 4756.73 Workman's compo 1,865.39 Mileage Reimbursement 270.40 Postage 260.00 . Printing 260.00 Phone-Cell 260.00 Pagers 270.40 Uniforms 546.00 Supplies 572.00 Red Cross 260.00 SUBTOTAL $79,404.60 Weather Rebate -$2.223.33 TOTAL $77,181.27 . EXHIBIT B The schedule for Summer 2001 is as follows: All beaches open.on June 9 and close on August 26. . Deephaven 3 beaches-Main, RobiIlsons, Sandy Scheduled lifeguard hours = 2451 (33.37%) Shorewood 1 beach-Crescent (shares expenses with Tonka Bay) Scheduled lifeguard hours = 276.5 (3.76%) Tonka Bay 2 beaches- Wakota and Crescent (shares expenses with Shorewood) Schedule lifeguard hours = 750.5 (10.22%) Chanhassen 1 beach-Lake Ann Scheduled lifeguard hours = 2169 (29.53%) Excelsior 1 beach-Excelsior Scheduled lifeguard hours = 1,698.5 (23.12%) . .. CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128 . www.cLshorewood.mn.us . cityhall@cLshorewood.mn.us MEMORANDUM TO: Mayor and City Council FROM: Brad Nielsen . DATE: 19 March 1998 RE: Sign Permit - AAA Travel (Shorewood Village Center) FILE NO. 405 (Sign Permits) Leroy Signs, on behalf of AAA Travel, has requested a sign permit for the Shorewood Village Shopping Center. The sign consists of individual, molded letters and the AAA logo as shown on Exhibit A, attached. Consistent with the previously approved overall signage plan for the center, the sign will be located within the designated signage band across the front of the building. The area of the new sign is well withinthe allowable area for interior tenant signs. . The proposed sign is subject to the specifications approved in a conditional use permit for the Shopping Center, which allows multiple signage for the site. The specifications prescribe how many signs are allowed, where they are to be located, and the design of the lettering. Since the specifications call for upper case, Helvetica lettering, the applicant's plan must be modified to comply with the conditional use permit. As an alternative, the owner of the Center could request an amendment to the conditional use permit. It should be noted that the processing of this permit was delayed somewhat, pending the correction of a zoning violation. A number of businesses within the Center were still . displaying window signs, which are specifically prohibited by the conditional use permit for the property. The owner of the Center has now caused those signs to be removed. It is recommended that the sign permit be approved, subject to the plan being revised to include lettering consistent with the signage plan for the Center. If you have any questions relative to this matter, please do not hesitate to contact my office. cc: Craig Dawsot)? Chris Clark ~ tJ PRINTED ON RECYCLED PAPER David Schwaebel :/1=30 . ~ C1 - ~ ~ . _~J ~(~ ~h','o\+ A. .. CITY OF SHOREWOOD JOINT PLANNING COMMISSION AND CITY COUNCIL MEETING TUESDAY, 20 MARCH 2001 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M MINUTES CALL TO ORDER DRAFT Chair Bailey called the meeting to order at 7:03 P.M. ROLL CALL SCHEDULE Planning Commission Present: Chair Bailey; Commissioners Woodruff, Pisula, Packard and Gagne Absent: Commissioner Anderson City Council Present: Council members Lizee, Garfunkel, and Turgeon Absent: Mayor Love and Councilmember Zerby . Also Present City Administrator Craig Dawson and Planning Director Nielsen APPROVAL OF MINUTES · March 6, 2001 Pisula moved, Packard seconded, approving the March 6, 2001, Planning Commission Minutes as amended on Page 2, Paragraph 7, Sentence 4 changing "due to a tie vote.." to "based on a 3/2 vote denying the variance request." and on Page 3, Paragraph 10, Sentence 1 removing "best to allow" and changing it to "to interpret the City Code to identify alternatives permitting" and finally, changing the word "certain" on Page 4, Paragraph 3, Sentence 1 to "varying". Motion passed 4/0/1, with Gagne abstaining. . 1. FINDINGS OF' FACT - RUSSELL APPEAL Appelilant: James Russell Location: 26080 Birch Bluff Road Director Nielsen presented the new Findings of Fact to the Commission, pointing out that based on City Attorney Keane's recommendation they remove the word "That" from each finding. Pisula moved, Gagne seconded, approving the Findings of Fact and passing them along to Council. Motion passed 5/0. Chair Bailey called a five minute recess at 7:10 P.M to set up for the study session. CITY OF SHOREWOOD JOINT PLANNING COMMISSION AND CITY COUNCIL MEETING TUESDAY, MARCH 20, 2001 Page 2 of 4 7:15 P.M. STUDY SESSION 2. REVIEW PLANNING COMMISSION WORK PROGRAM FOR 2001 Chair Bailey referenced the attached Planning Commission Work Program and Calendar for 2001 and asked Director Nielsen to expand on the priorities as outlined therein for the City Council. . In reviewing the Work Program, Director Nielsen explained that many of the items contained within the plan were either new, in the process of being addressed or those leftover from last year. He identified several issues under investigation. The first item was the Subdivision Ordinance revision. Additional drafting of the technical document is necessary, and a revised set of standards needs to be completed and included in the manual. The second topic Nielsen brought up for discussion was the use of the Public Right of Way (RO.W). Although Engineer Brown has drafted regulations, the questions over "who" gets to use the Public RO.W and what fees to charge them remain. The third topic Nielsen identified, was organized garbage collection. He touched on other areas to be addressed as well, such as, historic preservation, Planning Districts, and the redevelopment plan for Smithtown/County Rd. 19. Garfunkel noted that after meeting with Tonka Bay last night, he was given the impression that Tonka Bay would still like to partner with Shorewood and run a new liquor store operation at the intersection, be it in the strip mall or another location. Administrator Dawson was positive about this early agreement in principle. Nielsen went on to recognize other items on the Work Agenda, including, Site selection for a FirelPolice Department complex, the study of existing housing diversity, senior housing suitability and needs, and asked the City Council for their input. 3. DISCUSSION OF CITY COUNCIL PRIORITIES FOR THE PLANNING COMMISSION . Garfunkel inquired which of the items on the Work Program would give the Commission the "biggest bang for its buck". He pointed out that even though refuse collection may be a tough subject to tackle, it could make a big difference. Turgeon asked if the Garbage collection issue could be moved up on the tentative calendar. Dawson cautioned that many statutes require certain time elements. Bailey brought up the issue of the intersection redevelopment as an early priority, as well as, the RO.W regulations and subdivision ordinances that Engineer Brown hoped to see addressed. Dawson emphasized the fact that since the subdivision ordinance is almost complete, that project should be put to bed early on. . . . CITY OF SHOREWOOD JOINT PLANNING COMMISSION AND CITY COUNCIL MEETING TUESDAY, MARCH 20,2001 Page 3 of 4 Garfunkel noted that senior housing needs and site suitability were brought to the Council last year and never acted on. He questioned whether the senior housing issue should be addressed and completed as well. Garfunkel then voiced his opinion that the historic preservation issue could be moved to the latter part of the year, and focus be put instead on completing the accessory space amendment by June. Woodruff pointed out that so many of the issues on the Work Program are interrelated and cannot be addressed without addressing the others. Based on discussion, Director Nielsen was encouraged to adjust the calendar to slide the Subdivision Ordinance to start in July and finish up in October, and instead, move the consideration of organized Garbage Collection up to mid April. The Commission and Council set April 17, 2001, at 6P .M. just prior to the joint work session as the first scheduled discussion of the issue. Lizee distributed information she had put together based on material she had received from the Minnesota Historical Society. Based on a number of special property requests the Commission and Council have seen in recent years as it pertains to historic or older properties, she felt it was important to address the approach we take when looking at these homes. Lizee noted in her handout that the challenge for the City is to balance the character of existing neighborhoods with the desire of residents to improve their properties. With this in mind, she identified the housing goals and objectives in the current Comprehensive Plan. She also pointed to the "This Old House" home improvement exclusion law enacted by the Minnesota State Legislature in the early 1990' s as a potential model for Shorewood. Dawson cautioned that the Commission identify what's valued within the community and not confuse "old" with "historic". Bailey agreed that the City needs to refer to its own Comprehensive Plan when determining what and how we preserve the variety and integrity of our character. Nielsen took the recommendations from the Council and agreed to tweak the time line by moving Senior Housing up to early June, Garbage Collection up to April, leaving Accessory Space for Marchi April consideration, and moving back the study of historic preservation and housing diversity to October. Nielsen noted that the intersection redevelopment will be an ongoing issue with special attention being given to pedestrian circulation, landscaping, and entryway. Lizee encouraged Nielsen to promote citizen involvement by incorporating community and public information meetings into the planning process. Dawson suggested thought be given to the site selection process for the Police and Fire Department facility and he recommended a mid year plan including site and architectural designs be submitted for consideration. 4. MATTERS FROM THE FLOOR There were none. .. . CITY OF SHOREWOOD JOINT PLANNING COMMISSION AND CITY COUNCIL MEETING : TUESDAY, MARCH 20, 2001 Page 4 of 4 5. DRAFT NEXT MEETING AGENDA The Commission recognized April 3, 2001, as the next regular Planning Commission meeting. Nielsen reported a C.U.P. will be up for discussion and added the Accessory Space issue, a County Road 19 update, and one to two Planning Districts to the agenda for the evening. The following meeting will take place at 6P .M. on April 17, 2001, just prior to the joint work session, in order to discuss organized Garbage Collection. Dawson added that John Shardlow will be presenting a Planning Commission training seminar on Saturday, April 21, 200 1, at the Senior Center. 6. REPORTS . Woodruff reported on the City Council Meeting of March 12, 2001. She reported that Eric Evenson of the MCWD was in attendance and that the Council approved the agreement between the City of Shorewood and the MCWD, Minnehaha Creek Watershed District, in regards to the Gideon Glen Wetland Preservation Project. Woodruff pointed out that Dan Dickel, the City Consultant, was also in attendance and shared an outline for the phytoremediation project for the Gideon Glen property, an outline that will become more concrete when the weather improves. She announced that the Eddy Station building will soon be celebrating its grand opening and that the City is currently talking to potential vendors. Woodruff reported on the recent LCEC meeting, of March 13, 2001. During the meeting, Mayor Love presented the Phosphorous Free Lawn Fertilizer ordinance being considered by the Senate and gave an update of the potential bills progress. Dawson pointed out that as of yesterday, the Phosphorous Free Lawn Fertilizer ordinance has become a bill. Woodruff reported that Dan Dickel shared the Gideon Glen outline, and the LCEC then listened to a presentation on "Aquascaping" given by Connie Fortin, of Fortin Consulting. Woodruff added that it is the LCEC's desire to design and showcase several sample "Aquascaping" gardens within the City of Shorewood for its residents to visit and learn from. . 7. ADJOURNMENT Pisula moved, Gagne seconded, adjourning the Joint Planning Commission and City Council Meeting of March 20, 2001, at 8:45 P.M. Motion passed 8/0. RESPECTFULLY SUBMITTED. Kristi B. Anderson Recording Secretary CITY OF . SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128' www.cLshorewood.mn.us' cityhall@cLshorewood.mn.us \ MEMORANDUM DATE: April2l-, 2001 TO: ~ Mayor and Council Members Craig W. Dawson. CitY Administtator & RE: A Motion Setting the Date for the second meeting in May . FROM: The 2001 City Councilmeeting schedule was set for the 2n<t and 4th Mondays of each month. If a meeting date falls on a holiday, Coun,cil may determine an alternate meeting date. The 4th Monday in May falls on the Memorial Day Holiday - May 28. In the past, Council has rescheduled this meeting for the Tuesday following the holiday. COUNCIL ACTION REQUIRED: ,/ . \ It is recommended that the Council set May 29 as ,the date for the 2nd Regul'ar Council meeting in May.. ' Jr -: ~ / ~71J ~ '-.1 PRINTED ON RECYCLED PAPER